Jacobs housing over payment

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Philj
Posts: 2
Joined: 19 Jan 2017 19:12

#1 Jacobs housing over payment

Post by Philj » 19 Jan 2017 19:28

Hi I would like to ask for help with my housing benefit over payment. My ex partner had a visit from Jacobs yesterday she would not give any information to the enforcement officer and she couldn't remember if he produced any ID. She was told that somebody would be coming with in the next 24 hours to remove items from the house. Is this classed as a threat? She was very distressed by what she was told. I rang Jacobs and asked them for a subject access request to see the body cam footage and after a long time on hold while she spoke to her manager she said she would email the instructions to me. Is this worth doing? Also what type of debt Doe's this come under? What is the worst case scenario if I can't make or keepup with payments? Thanks in advanced

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Schedule 12
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Joined: 30 Jul 2012 21:23
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#2 Re: Jacobs housing over payment

Post by Schedule 12 » 19 Jan 2017 19:47

Philj wrote:Hi I would like to ask for help with my housing benefit over payment. My ex partner had a visit from Jacobs yesterday she would not give any information to the enforcement officer and she couldn't remember if he produced any ID. She was told that somebody would be coming with in the next 24 hours to remove items from the house. Is this classed as a threat? She was very distressed by what she was told. I rang Jacobs and asked them for a subject access request to see the body cam footage and after a long time on hold while she spoke to her manager she said she would email the instructions to me. Is this worth doing?
No its not.

I recommend my clients make a simple request for the bodcam footage, and use the excuse reply in evidence. If the bailiff company is not forthcoming with the footage, ors its redacted, then I aver that it contains evidence proving my client's case and apply to strike out the bailiffs defence unless the bailiff furnishes the claimant with the complete unredacted bodycam footage. Its called an unless order. It trumps up the footage quickly and without cost to my client.



Also what type of debt Doe's this come under? What is the worst case scenario, if I can't make or keep up with payments? Thanks in advanced
Jacobs cannot recover benefit overpayments without having a warrant of control or other court authority such as a liability order.

Ask to see it.

If Jacobs are not forthcoming with evidence of authority, then that can infer Jacobs does not have court authority. You can hand it into the police.


Paragraph 23 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:
  • 26(1)The enforcement agent must on request show the debtor and any person who appears to him to be in charge of the premises evidence of—
    • (a)his identity, and

      (b)his authority to enter the premises.

    (2)The request may be made before the enforcement agent enters the premises or while he is there.

The warrant of control is the authority to enter premises.

If the bailiff has a liability order, then, that it's not authority to enter premises. Its only authority to take control of goods. Nothing else. If the bailiff wants to enter premises then he must apply for that authority separately under Paragraph 15 of Schedule 12 of the TCEA 2007.
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Philj
Posts: 2
Joined: 19 Jan 2017 19:12

#3 Re: Jacobs housing over payment

Post by Philj » 19 Jan 2017 20:05

Thank you very much for the help. The work you're doing for people is amazing.

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