How much do I legally need to pay Jacobs?

Yorkshire_via_Manc

Hi

I lived in Salford in 2014 and 2015, moving out in the middle of March last year to Yorkshire. I cancelled my direct debit for council tax once March's payment went through. I remember going online to notify the council that I was moving...given the fact that its ended up going to debt collectors I think I may have mistakenly gone on Manchester City Council's website (as I've lived in Manchester all my life was only living in Salford for a couple of months before moving to Yorkshire) rather than Salford City Council's.

On 8th April this year I received a letter from Jacobs saying "further notice of enforcement" and "we note that there has not been a satisfactory response to our Notice of Enforcement." Plus me owing them nearly £800.

This is the first letter that I have received from Jacobs. I rang them up to explain and they said call Salford City Council. So I ended up sending emails to Salford City Council. They replied to say that they have now adjusted my debt and used my half-month over paid council tax to reduce the amount that I owe them for going to court July last year.

So they say I owe them £35 now which I have to pay to Jacobs PLUS whatever they've added on. I'm not happy that I have to pay them for going to court and passing on my "debt" when they could have used a tracing agent and found me quite easily - I was temporarily on job seeker's allowance and had tried to register to vote at my new place

What do I legally have to pay? Is there anyway to get it dismissed?

Thanks in advance.

HappyMJ

Yorkshire_via_Manc wrote: »

Hi

I lived in Salford in 2014 and 2015, moving out in the middle of March last year to Yorkshire. I cancelled my direct debit for council tax once March's payment went through. I remember going online to notify the council that I was moving...given the fact that its ended up going to debt collectors I think I may have mistakenly gone on Manchester City Council's website (as I've lived in Manchester all my life was only living in Salford for a couple of months before moving to Yorkshire) rather than Salford City Council's.

On 8th April this year I received a letter from Jacobs saying "further notice of enforcement" and "we note that there has not been a satisfactory response to our Notice of Enforcement." Plus me owing them nearly £800.

This is the first letter that I have received from Jacobs. I rang them up to explain and they said call Salford City Council. So I ended up sending emails to Salford City Council. They replied to say that they have now adjusted my debt and used my half-month over paid council tax to reduce the amount that I owe them for going to court July last year.

So they say I owe them £35 now which I have to pay to Jacobs PLUS whatever they've added on. I'm not happy that I have to pay them for going to court and passing on my "debt" when they could have used a tracing agent and found me quite easily - I was temporarily on job seeker's allowance and had tried to register to vote at my new place

What do I legally have to pay? Is there anyway to get it dismissed?

Thanks in advance.

Legally...nothing.

Yorkshire_via_Manc

Fantastic! Could you elaborate please.

HappyMJ

Yorkshire_via_Manc wrote: »

Fantastic! Could you elaborate please.

They'll give up eventually and return the debt to the council.

The council isn't owed anything as you've already paid or have been credited as paid so they will take no further action against you.

Debt is then effectively written off.

There was no debt when the alleged debt was given to Jacobs so it's up to the council to reimburse Jacobs.

Yorkshire_via_Manc

Will this impact my credit score or result in a conviction if I stone wall Jacobs?

Yorkshire_via_Manc

And will I not have to pay the outstanding balance on court fees if the debt is returned to the council? (many thanks for your assistance)

National_Debtline

Hi there,

Yorkshire_via_Manc wrote: »

I think I may have mistakenly gone on Manchester City Council's website (as I've lived in Manchester all my life was only living in Salford for a couple of months before moving to Yorkshire) rather than Salford City Council's.

So they say I owe them £35 now which I have to pay to Jacobs PLUS whatever they've added on. I'm not happy that I have to pay them for going to court and passing on my "debt" when they could have used a tracing agent and found me quite easily - I was temporarily on job seeker's allowance and had tried to register to vote at my new place. This will ultimately be a bit of a grey area. They are not required to use a tracing agent to tell you about the debt before going to court. It is good that the council amended the balance owing but because they did go to court (and because they don't appear to have been correctly informed of the move) then they could still ask you for the Liability Order costs.

What do I legally have to pay? Is there anyway to get it dismissed?

Happy MJ is correct that eventually the bailiffs may pass this matter back to the council, their fees should come off then you would only have the £35 to pay the council. But you would have to put up with the bailiffs until this happens and the bailiffs can continue to enforce the money owed and their fees as if it is council tax. So, make sure that you do not let them in, keep your home locked and secure and hide anything valuable outside - like a car. If you have let the bailiffs in already you should call a free debt service immediately.


Your other choice is to complain to the council and try and get them to take the debt back from the bailiffs now. This is at the councils discretion but if they say no you could escalate this to the Local Government Ombudsman. Good luck,


Laura
@natdebtline

HappyMJ

Yorkshire_via_Manc wrote: »

Will this impact my credit score or result in a conviction if I stone wall Jacobs?

Yorkshire_via_Manc wrote: »

And will I not have to pay the outstanding balance on court fees if the debt is returned to the council? (many thanks for your assistance)

Your credit will not be affected in any way by your refusal to interact with Jacobs.

If you owe the council any money whatever you pay council is supposed to go to Jacobs first but as you said you owe the council nothing so you won't be making any further payments towards the council tax debt. The council won't chase on behalf of Jacobs so the debt will effectively be written off.

fatbelly

I'm not going to get into an argument here but baliffadviceonline has what appears to be an authoritative article on this

http://bailiffadviceonline.co.uk/news/bailiff-fees-when-paying-the-council-or-court-direct

Basically, once the fees are properly applied they become part of the 'sum due'

National_Debtline

Just to clarify - it is our understanding - that if the bailiffs return the debt to the original creditor (in this case the council) or if the original creditor officially takes back the warrant then the bailiff fees will drop off the sum due. This is because no contract exists between the bailiff and the individual to pay those fees.


But as long as the debt remains with the bailiffs their fees do form part of the sum due and will need to be paid and are able to be enforced. I hope that helps.


Laura
@natdebtline

Herbie21

National_Debtline wrote: »

Just to clarify - it is our understanding - that if the bailiffs return the debt to the original creditor (in this case the council) or if the original creditor officially takes back the warrant then the bailiff fees will drop off the sum due. This is because no contract exists between the bailiff and the individual to pay those fees.


But as long as the debt remains with the bailiffs their fees do form part of the sum due and will need to be paid and are able to be enforced. I hope that helps.


Laura
@natdebtline

Laura,

You are indeed correct that bailiff fees are removed if the debt is returned back to the creditor.

By and large, most enforcement companies will retain the liability order (or warrant of control) for a period of approx 4-5 months before voluntarily returning the account back to the court or council.

During this time, the enforcement agent can visit as often as he likes and naturally, if a vehicle is outside of a property....it is a 'sitting duck' and liable to be seized.