JBW - Complete Parasites

Apply to Stay the Writ. Set Aside the Judgment. Apply for more time to pay. Stop the Bailiff. Cancel the Fees.
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Parasite Eradication
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Joined: 26 May 2017 16:28

#1 JBW - Complete Parasites

Post by Parasite Eradication » 26 May 2017 16:56

Hi Guys,

I'm after a little help and confirmation that I am correct in my understanding of the law.

About 6 ago my partner moved in with me and cancelled her council tax at her previous address. She informed the council that she was moving out but did not provide them with a forwarding address. At that time she owed approximately £280.00 in arrears and made arrangements to pay this off. Unfortunately she did not keep to the agreed plan but believed naively that they would not catch up with her!

Forward in time 6 months and she returns home from work on Wednesday to find an Enforcement Notice had been hand delivered to our address demanding payment of £580.00 in full by 7pm that evening. When I get home both she and the children are in tears as she had called the Parasite (Enforcement Officer) who had posted the notice , who was generally aggressive and adamant that the money had to be paid or he was visiting that night to take goods or clamp the car. I then called him back and said he was wasting his time as all the doors would be locked and the cars hidden, for which his response was to put the phone down on me.

Yesterday my partner contacted JBW to see if they would accept a payment plan of £300 now and £280.00 when she gets paid on 31st May. Again she was told that this was not possible and that the £580.00 was payable immediately or goods would be removed. During the morning however I had read online that for an Enforcement Notice to be valid, the company (in this case JBW) have to give you 7 clear days notice of enforcement, not the 2hrs on their headed paper that looks as though it has been created by a 5 year old. My partner then pointed this out to them and surprise, surprise they were suddenly willing to negotiate!

My query is am I correct in thinking that although my partner did not provide our address to her previous council, the only charges that should have been added to date is the original debt, the cost of any liability order and a bailiffs compliance fee of £75.00? I ask as it would seem that these rogues are trying to claim a £235.00 Enforcement Fee when they have not provided the statutory 7 days notice.

At the moment my partner still owes these scumbags £280.00 but obviously we don't want to pay it if we shouldn't be paying it. Also if I am right, I really want to bring these bullies down to earth and maybe take it to their trade body.

Any advice would be really appreciated.

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Schedule 12
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#2 Re: JBW - Complete Parasites

Post by Schedule 12 » 26 May 2017 17:04

If you have not been given a notice or reminder from the council before it applied for a liability order (wrong address?) then the enforcement may be invalid. Run this checklist and see where else the enforcement is non-compliant and I can give suggestions accordingly.

http://beatthebailiffs.org/Council-tax-bailiffs.html
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Parasite Eradication
Posts: 2
Joined: 26 May 2017 16:28

#3 Re: JBW - Complete Parasites

Post by Parasite Eradication » 26 May 2017 17:20

OK thanks I will check what she has received to date when I see her this evening.

Are you saying that we may not be liable for their £75.00 either due to them working under a wrongly addressed Liability Order?

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Schedule 12
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#4 Re: JBW - Complete Parasites

Post by Schedule 12 » 26 May 2017 17:40

I have a feeling you may still be liable for it, but I will say there is no enforcement power in respect of it while the amount outstanding on the liability order remains unpaid.

Is the address on the Notice of Enforcement correct and does it comply with all of this: http://www.dealingwithbailiffs.co.uk/TC ... tion6.html
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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