Jacob's EA fees

nephalim2k

Hi, first time on here so I apologise if I get the whole process wrong.

I had an outstanding Council Tax bill which I allowed, stupidly, to get away from me. The council passed the debt on to Jacobs and we received a visit from an enforcement agent. This was near the beginning of the year. I contacted the council to pay the debt I had with them, thereby ending the liability. However, we have had another Jacob's enforcement agent visit today asking for the £310 fees that we didn't pay them. Even though the liability order was raised against the council tax back in June 2015.

Are they able to enforce based on a liability order which was raised against council tax (that has now been paid directly to the council) or do they have to take it back to court and get another liability order raised.

I recall reading somewhere that bailiff fees are as enforceable as an other "civil" fee (i.e. those from credit cards, store cards, or other commercial means) and therefore they fall into the collection agency bracket as opposed to the "deadly bailiff" bracket.

Any help and advice on this would be greatly appreciated. We are already aware that we do not have to allow them access and that they can only get in if we leave the door/window open. We are also aware that if they enter via an open door that we can remove the right of implied access and ask them to leave and if they don't we can use "reasonable force" to get them out and can call the police to aid us. The primary concern we have is can they use the original liability order raised by the council back in 2015.

Also, the enforcement agent today did mention that he would just rebill the council and then the fees would just be added to our council tax bill so either way we will end up paying it.

Thank you in advance for any and all assistance and advice.

fatbelly

nephalim2k wrote: »

Also, the enforcement agent today did mention that he would just rebill the council and then the fees would just be added to our council tax bill so either way we will end up paying it.

Thank you in advance for any and all assistance and advice.

Then there's no need to pay the bailiff, is there?

Let them take this up with the council. My understanding is that the council should have passed on a proportion of your payments to the bailiff, but it's not our place to advise the bailiff what to do, nor the council.

Keep doing what you're doing. Don't leave doors unlocked.

You cannot rely on 'implied right of access' rubbish, nor rely on the police, who routinely side with the bailiff.

I wouldn't make an offer of payment to the bailiff at the moment but if the council does add their fees to your bill, then you don't really have an argument against that.

National_Debtline

Hi Nephalim2k,

nephalim2k wrote: »

I had an outstanding Council Tax bill which I allowed, stupidly, to get away from me. The council passed the debt on to Jacobs and we received a visit from an enforcement agent. This was near the beginning of the year. I contacted the council to pay the debt I had with them,


Because the bailiffs had already visited you before you paid the debt to the council then I am afraid the bailiffs fees now legally form part of the debt. The council should have pro rata'd the money you paid to them. This means that some of the money you paid should've come off the fees and some should've come off the debt, therefore, there will likely still be some genuine council tax owed within this £310.


Any help and advice on this would be greatly appreciated. We are already aware that we do not have to allow them access and that they can only get in if we leave the door/window open. We are also aware that if they enter via an open door that we can remove the right of implied access and ask them to leave and if they don't we can use "reasonable force" to get them out and can call the police to aid us.


This is not the case. If the bailiff gains entry via open or unlocked access the entry would be valid and they can try and take control of your goods to settle the outstanding balance and fees (which will increase if they gain entry). Be careful! Keep all doors locked, do not let them in, and hide anything valuable outside the property.

Also, the enforcement agent today did mention that he would just rebill the council and then the fees would just be added to our council tax bill so either way we will end up paying it.


If the bailiff does refer the matter back to the council then this may be the case, but unfortunately, we cannot predict what the bailiffs and council will do in this situation. Realistically, the quickest way to get rid of these bailiffs is to write/email them, and try and make an arrangement to pay instalments if you can't pay this in a lump sum.

Thank you in advance for any and all assistance and advice.

Laura
@natdebtline