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Overly Aggressive Debt Collector Bailiff
John_In_Lincs
Posts: 60 Forumite
Sorry, but I am unsure which sub-forum I should be posting this to.
Firstly, apologies for any typos, etc. I am typing this very quickly as my free time is limited at the moment.
I had to dispute a rather harsh letter I received today, from a debt collection agency called Jacobs. The letter was presented on a Jacobs letterhead, but this was supposedly written by an individual agent who said he was acting on behalf of Jacobs.
In his letter, he demanded a payment of £82.75, in full and within 48 hours or he would "re-visit" (I am not aware that he has ever visited this property) my property and access it, whether I am present or not, and remove goods which he would then sell.
I phoned my local council (the £82.75 is council tax arrears) to ask why such a small amount had been passed to such an aggressive debt collector. They were unable to answer. I asked if they could bypass Jacobs and was told no and that they (the council) had no powers to override Jacobs. I disputed this and was passed to another council official who then said that I could begin to make repayments of £10 per month to clear the debt. He would contact Jacobs and instruct them. So, sorted!
This is one of my debts, supposedly being managed for me by my local debt charity, who also instructed me NEVER to contact the debt collectors or to anybody I owed money to as they would deal with things on my behalf.
However, after receiving this threatening letter, I felt it necessary to take things on myself. I am glad I did.
Firstly, the local council told me to phone Jacobs to ask what was going on as they had no powers to intervene. The council said this nasty letter had clearly been sent out in error. I phoned Jacobs. They said they were unable to deal with this as the matter had been passed to the agent who had written to me on Jacobs letterheaded paper, and that I would have to speak to him.
Concluding, the agent was aggressive, threatening and wouldn't listen to anything I said. He was a bully and far worse than anything I have ever heard on those Godawful "Can't Pay, We'll Take It Away" TV programmes. I had to shout to override him and refused to accept anything I said. He also told me he was calling round to take stuff out of my house whether I was home or not. The conversation ended up in a verbal fight to see who could shout the loudest. I made it very clear, without swearing or being threatening in any way, that I was not about to tolerate his bullying. I was determined to have the last work and I hung up on him.
The question which remains is whether I should report him for his aggressive tones. Who would I report him to? Would I be asking for trouble by doing this? I really don't want any more trouble.
I know he couldn't access my home without a court order, which was never even mentioned. The man was just being an overly aggressive bully.
I even thought about posting the letter, which includes his name and phone number, to a well-known social media site. I guess that would be a bad move of course.
One thing I have started to do recently, is to record phone conversations. I'm afraid this kind of thing is essential today. I only wish I'd recorded this. I was left panicking and very stressed. Luckily, my heart held out, but if there was ever anything which could bring on such an event, this was surely it.
John.
Firstly, apologies for any typos, etc. I am typing this very quickly as my free time is limited at the moment.
I had to dispute a rather harsh letter I received today, from a debt collection agency called Jacobs. The letter was presented on a Jacobs letterhead, but this was supposedly written by an individual agent who said he was acting on behalf of Jacobs.
In his letter, he demanded a payment of £82.75, in full and within 48 hours or he would "re-visit" (I am not aware that he has ever visited this property) my property and access it, whether I am present or not, and remove goods which he would then sell.
I phoned my local council (the £82.75 is council tax arrears) to ask why such a small amount had been passed to such an aggressive debt collector. They were unable to answer. I asked if they could bypass Jacobs and was told no and that they (the council) had no powers to override Jacobs. I disputed this and was passed to another council official who then said that I could begin to make repayments of £10 per month to clear the debt. He would contact Jacobs and instruct them. So, sorted!
This is one of my debts, supposedly being managed for me by my local debt charity, who also instructed me NEVER to contact the debt collectors or to anybody I owed money to as they would deal with things on my behalf.
However, after receiving this threatening letter, I felt it necessary to take things on myself. I am glad I did.
Firstly, the local council told me to phone Jacobs to ask what was going on as they had no powers to intervene. The council said this nasty letter had clearly been sent out in error. I phoned Jacobs. They said they were unable to deal with this as the matter had been passed to the agent who had written to me on Jacobs letterheaded paper, and that I would have to speak to him.
Concluding, the agent was aggressive, threatening and wouldn't listen to anything I said. He was a bully and far worse than anything I have ever heard on those Godawful "Can't Pay, We'll Take It Away" TV programmes. I had to shout to override him and refused to accept anything I said. He also told me he was calling round to take stuff out of my house whether I was home or not. The conversation ended up in a verbal fight to see who could shout the loudest. I made it very clear, without swearing or being threatening in any way, that I was not about to tolerate his bullying. I was determined to have the last work and I hung up on him.
The question which remains is whether I should report him for his aggressive tones. Who would I report him to? Would I be asking for trouble by doing this? I really don't want any more trouble.
I know he couldn't access my home without a court order, which was never even mentioned. The man was just being an overly aggressive bully.
I even thought about posting the letter, which includes his name and phone number, to a well-known social media site. I guess that would be a bad move of course.
One thing I have started to do recently, is to record phone conversations. I'm afraid this kind of thing is essential today. I only wish I'd recorded this. I was left panicking and very stressed. Luckily, my heart held out, but if there was ever anything which could bring on such an event, this was surely it.
John.
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Comments
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John I think I’d contact your charity again and talk to them about it.
Good luck.0 -
Thanks Hollydays. I will do. I think they will be encouraging me to report this. I just don't want to attract more trouble.
Wow, Moneyinepti... if only I'd asked you to begin with, none of this would have been necessary. Fact is, this debt is not mine. Thanks to my ex-wife stopping paying ALL bills when I briefly moved out of the property, I have acquired several debts, all thanks to her! Like to pass judgement now? You must be one of those "pull yourself together" types.0 -
You need to pm a board guide and ask them to move this to the debt free wannabe board, that's where the bailiff experts are.Unless I say otherwise 'you' means the general you not you specifically.0
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This sort of thing horrifies me. Happened to me, debt of an ex, debt collector visited while I was taking my younger son to school, my older son answered the door and sat there shivering in fear (literally) til I got back home. The debt collector told him he'd be back to take my furniture if I didn't pay. My son wasn't an adult, and obviously has special needs. I did complain in writing but no idea if anything was done, doubt it. My older son was asking me for weeks if our furniture was going to be taken away no matter how many times I explained it wasn't even our debt.
If you have his name, I suppose you could check his credentials, or ask Jacobs for them. Complain to Jacobs but the CAB have advice on complaining https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/how-bailiffs-should-treat-you/complaining-about-bailiffs/0 -
John_In_Lincs wrote: »Fact is, this debt is not mine. Thanks to my ex-wife stopping paying ALL bills when I briefly moved out of the property, I have acquired several debts, all thanks to her!
As far as the council (and the legislation they rely in is concerned) the debit most likely is yours. They are required to pursue anyone who is equally liable, and if it's easier to find you then it's you that they'll chase.
I would post a much shorter version of your story on the Cutting Tax board which is where most threads on CT arrears are found.0 -
John_In_Lincs wrote: »Fact is, this debt is not mine. Thanks to my ex-wife stopping paying ALL bills when I briefly moved out of the property, I have acquired several debts, all thanks to her!
As far as the council (and the legislation they rely on) is concerned the debit most likely is yours. They are required to pursue anyone who is equally liable, and if it's easier to find you then it's you that they'll chase.
I would post a much shorter version of your story on the Cutting Tax board which is where most threads on CT arrears are found.0 -
LA's only resort to bailiffs after every other possibility has been exhausted. Did you not offer a payment plan before this situation arose? Most will use an attachment of earnings or deduction of benefits order where possible.
Has the LA obtained a liability order against you?No free lunch, and no free laptop
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Thank you for your replies again.
macman: A local debt charity was supposed to be managing this situation for me, but there has been a breakdown in commication. My debt charuty said it seems likely that Jacobs have deliberately been ignoring their messages. Well, who knows?
agrinnall: Absolutely. Understood. Shorter stories may only result in me having to explaining things anyway. As a quick typist I thought I would explain most of it. Of course, I'm sure most people would not wish to read through all of my woes. It's the way I do things, just for the record.
deannatrois: Thank you for the link. Really appreciated. This is what I was looking for. This agent definitely didn't follow the rules.
I also found out that my ex has been receiving the same letters. How they found her at her new property I have no idea. She is also extremely worried.
The fact is that this supposed bailiff has no court order, etc. and therefore no powers to enforce anytyhing! I did not know this at first. He is a bully. I won't tloerate bullies of any kind. He had more than a piece of my mind, but nothing threatening. I basically laid the law down to him. I'm glad I did so, but I must have been in fight mode. I was shaking.
The debt charity advised that I strictly didn't contact any of my debtors. (Or is it creditors? - I always get the two mixed up. I know, that's not good!) I can see why if this call was anything to go by.
Ames: I will ask if this thread can be moved.
Thank you.
John.0 -
Afaik council debts are dealt with differently to typical consumer contracts and councils have more powers and different procedures.
Whether they was acting within this or not I honestly don't know but worth looking in to0 -
The fact is that this supposed bailiff has no court order, etc. and therefore no powers to enforce anytyhing! I did not know this at first. He is a bully. I won't tloerate bullies of any kind. He had more than a piece of my mind, but nothing threatening. I basically laid the law down to him. I'm glad I did so, but I must have been in fight mode. I was shaking.
For an enforcement agent to be instructed for council tax arrears then they are acting under a court order - the liability order granted by the magistrates' court provides this power for the enforcement agent to be instructed.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0
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