Jacobs Bailiffs: Taking the biscuit


Jacobs Bailiffs, based in the Wirral, are one of two Bailiffs firms currently used by Waltham Forest Council to collect the Council tax on their behalf. Bailiffs firms have always been well known for their thuggish and intimidating behaviour, stick- ing the boot into the weakest and poorest sections of society. But Jacobs standhead and shoulders above anything we've
previously come across.

Council Tax

Many of this company's targets are people whose Council Tax benefit has not come through, often because its been messed up by the Council. So a lot of the time people are being pursued and threat- ened because the Council have cocked up in the first place. And the cost added on for recovery to the alleged debtor is likely to be far higher than the original
amount people owed. Our caring Council boast about pursuing non payers of Coun- cil tax and evicting those who don't pay their rent.

But again, rent payment arrears are often the fault of the Council, whose Housing
Benefit system is in a complete mess. The effects of the Council's action is brutal and punishing against the very poor and desperate, who bullied, threatened and thrown into desperation by eviction or imprisonment.

Complaints

These are just some of the complaints The Underdog has recently heard about Jacobs :

* Threatening to break into houses to remove goods,
* Threatening to take away essential items such as fridges or beds when they are only allowed to take away "nonessential" items.
* Adding hundreds of pounds in costs on to people's fines.
* Implying in writing that they have the powers to put people
in prison "for up to 90 days"

Resistance

What can you do if you're faced with bailiffs? Finding out your rights and sticking up for yourself is vital (see "The Underdog Survival Guide" ). Exposing and hassling councillors with reports of how their council is sanctioning the use of these thugs, doesn't do any harm also.
But the only way we are ultimately going to defend ourselves is by getting together with our friends and neighbours and making sure bailiffs don't set foot in our neighbourhoods because they know people will come out and oppose them.

Direct Action

This type of grassroots direct action happened during the campaign against the hated Poll Tax in 1990-1991. As millions refused to pay, local councils tried intimidation - and the widespread threat of bailiffs But there was a network of community based anti-poll tax groups up and down the country who organised so that people could stick up for each other. Crowds
turned up outside the houses of those facing threats and often turned the bailiffs away. Bailiffs' offices or own homes were visited and occupied, to give them a bit of their own medicine. These actions made it almost impossible for many bailiffs firms to do their dirty work and many went bust.

Can't Pay Won't Pay

This could happen again. The Council Tax that replaced the Poll Tax is now widely recognised as being unfair. The recent hike in bills has led to pledges by some
not to pay. This raises the possibility of a mass non-payment campaign similar to the
one that stopped the Poll Tax from getting underway.

THE UNDERDOG'S Survival Guide

We continue our regular column on surviving the worst effects of capitalism.

Beating the Bailiffs

Firstly, get advice from one of Waltham Forest's Citizen's Advice Bureaus at 167
Hoe Street or 547-551 Leytonsotne High Road They are busy, but very helpful.
Bailiffs firms and the police break thelaw if they think that they can get away
with it. Knowing your rights, and making sure that the Council and Bailiffs have followed legal procedures, should buy you some more time.

* Your possessions can't be seized unless you've been sent a written notice by the Authority at least 14 days before any visit. This must have details of any fees they have added on.

* The police have no power to force entry on behalf of the bailiffs or local authority, unless there is a breach of the peace.

* Lock all windows and doors. Bailiffs have no powers to force entry by breaking open an outer door, which is locked or bolted.

* If the bailiffs do get in, offer what you can afford to pay, not what they want you to pay. Ask them to drop the costs they have added.

* Bailiffs can only take things that belong to you the debtor. If you have a receipt proving that an item belongs to someone else, they cannot take it.

* Bailiffs cannot have you put in prison. If they never get in and you do not pay they will return your case to the court. The magistrate will then look at what you can afford to pay.

> Take care when answering your door, bailiffs have been known to push past you (even though this is illegal).
> Best not to answer at all. Bailiffs can seize your vehicle, you may want to park elsewhere.

It is not illegal for them to enter your home if the door or window is open, so DO NOT open your door to them.
They cannot assault you, but if they push in, once they are in they are in. A trick they try is to put their foot in the door if you open it, so that when/if you shut it on them you have assaulted them, and then they can call the police out. Apart from that, it is a civil matter, so any threats of police are just empty threats.

They do not have the right of entry UNLESS you let them in, or leave your door/window open.

Bailiffs are likely to initially contact you by telephone or letter. There is a protocol which they should follow that they do this. If you do not respond they will eventually call at your home. If they do so, it would be unusual for them to immediately seize goods, and they will most probably agree to what is known as walking possession. This means that unless you keep to the arrangement to pay, they have the right to return to your premises at any time to remove the goods and sell them at public auction. Once they have taken walking possession you cannot legally dispose of the goods seized until the warrant is withdrawn.

The important question is what right of entry do Bailiffs and Sheriffs Officers have. In essence nobody, including bailiffs has the right to enter premises against the wishes of the occupier for the purpose of collection of debt or any other purpose without a warrant. Once however the bailiff or sheriff has been allowed entry then he is entitled to stay and to return if he leaves goods uncollected. This means, that if a bailiff is once allowed entry to your premises, then he may return at any time, and on his return enter without your consent.

The law says that there is an implied invitation to enter property when the entrance gate is not locked or barred. This will usually extend to knocking at the door of a property. Bailiffs will rely upon not being told immediately to leave and not return. Often they will encourage you to invite them into the house. This is a big mistake If allowed in, they may and will return at any time, and will then have a right of entry without consent. If the house is not secure, they will enter of their own will.

The consequence of the law is not to invite a bailiff into your property, and to deny him any implied right of entry onto any part. This would sensibly be done at the first written contact, if a person wishes to sort out a liability without the involvement of bailiffs. If a bailiff does call at your property, it is important not to invite him into your home, and best to order him off your property and carry out any discussion on the street outside

 http://www.insolvencyhelpline.co.uk/identify_problem/bailiff_problems.htm#bg14

the above link has some useful information, it also expalins how you can hide/move your possesions if you know the bailiffs are coming.