Jacobs and their Fees...

adamj1984

Hi All,
I'm hoping for a bit of advice, and potentially have something that may be somewhat challenging.
I have an old Council Tax account, went to Jacobs, is now paid off, but I was just checking the fees and spotted the below.
Council Tax Bill £1248
Compliance Fee £75
Enforcement £308
I have tried doing research myself including speaking with citizens advice, I understand the the enforcement (usually £235) can have an additional 7.5% charge if it is over £1,500.
I have a couple of questions, the first is that I was under the impression the additional 7.5% was only on the amount above £1,500, so should have been 7.5% of the £58 over £1,500, is this correct or is it on the entire amount owing?
The second question, and probably more important question, the debt only went above £1,500 due to their fees, in this scenario can they still charge the 7.5%?
I have another account with them at present whereby I'm paying £215 per month(had my head burried in sand for a long time over debt - now rectified and well on way to getting back to an even keel), and if I have paid to much on a previous debt I'd rather get it transferred to the new account to get it paid off quicker.
Thanks in advance of any assistance.
Adam

fatbelly

There's info on fees here

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/how-bailiffs-should-treat-you/check-bailiffs-fees/

adamj1984

Thanks fatbelly, as stated in my original post I have already thoroughly searched the Cab, yes although that link shows their fees (I've read it top to bottom several times), it does not answer the questions in my original post, which Is why I requested the advice

CIS

The 7.5% is on the balance above £1500

7.  The percentage fee or fees are to be calculated—
(a)where enforcement takes place other than under a High Court writ, by multiplying the amount of the sum to be recovered which exceeds £1500 by the percentage indicated in the relevant column of table 1 in the Schedule;
...

https://www.legislation.gov.uk/uksi/2014/1/made

In respect of the 'sum to be recovered'it is not well defined but suggests that it is only to do with the 'debt'  “sum to be recovered” means the amount of the debt which remains unpaid, or an amount that the creditor agrees to accept in full satisfaction of the debt. ".

The later wording of regulation 13 would also support that the 'sum to be recovered' and fees are not one and the same balance and the 'sum to be recovered' is the original debt.

(4) Subject to paragraph (5), following any payment due by virtue of paragraphs (2) and (3), the proceeds must be applied pro rata in payment of—
(a)the sum to be recovered, and
(b)any remaining amounts recoverable in respect of fees and disbursements payable to the enforcement agent in accordance with these Regulations.

adamj1984

Thanks CIS, much appreciated 

adamj1984

just as a brief update, as far as the snakes in this subject are concerned, I just decided I wanted them out of my life once and for all, as such I paid it in full and I'm so glad I did, knowing I never have to deal with the leaches again is a beautiful feeling