JTR Collections

[Esmith]

In 2007 I was made redundant from a well paid job - my husband and I had a 21mth old son and 3 day old baby when it happened. My husband was an apprentice earning hardly anything, and because I had earned over a certain amount already that year we weren't entitled to any benefits. I did get another job a few months later, but we were already in debt by then and couldn't catch up. Then I was diagnosed with severe postnatal depression, and then sacked because I couldn't do my job and was signed off work. I spent the next 2yrs drugged up on anti depressants and could barely function above taking care of the children. I am better than that now but developed severe anxiety, stress related IBS, and still struggle with depression daily. My daughter also has a condition called Neurofibromatosis (which doesn't help my anxiety at all!)


I have been doing my best to sort out our financial situation but everyone wants everything all at the same time. I had an arrangement with Rossendales to repay council tax but their website wasn't working when I was trying to pay one week, they cancelled the arrangement, wouldn't speak to me about it, and bailiffs came knocking again. Eventually I convinced the council to speak to them and they took the debt back in February. The minimum Rossendales would accept was £100 per week whch left us struggling elsewhere. I couldn't keep up with last year's payments due to this amount, so have just made an arrangement to repay that with the council at £40 per week.


In March I emailed someone at the council and asked to set up a payment plan for the previous £4500, I returned the forms requested and heard nothing back. It was taking them a month at a time to reply to each email and said there was a backlog so would get back to me in due course. I should have chased it up obviously but didn't think any more of it.


Yesterday morning someone from the flat above the shop next to our block of flats came and gave me a letter. JTR Collections had visited her flat on Friday while she was at work and left a letter addressed to me & my husband (sort of, my name was spelt wrong!) The shop worker told her that 2 big guys in a van had been into the shop questioning if we were in, shop worker had no idea who the people named (us) were and the bailiffs left after putting the note through the door. Shop worker told my neighbour bailiffs had been when she returned from work, neighbour opened the letter without looking and then realised it had wrong name and address on.


Our flat is in a separate block of 12 flats, with it's own postcode, car park at the front, and a large sign with the name of the block on it - so I fail to see how they went to the wrong address! Notice of enforcement was preprinted with the correct address.


Notice of enforcement states £5101.76 owed with a charge of £469.89 added to the account. There is a number for Mr Sean Gladwell. I can't speak to anyone except my mum and husband on the phone due to my anxiety so I can't call him. I was going to text but wanted some advice first. I start a new part time job in September, but only 15hrs per week as we have a 3yr old too.


It says to contact him to arrange repayment but I don't want to be scared into trying to find £100+ per week again. Also, it turns out that my neighbour and I have a mutual friend, who text me yesterday to ask if I was ok as neighbour had mentioned the letter. And I found out that I will be working at the same school as neighbour in September! Potentially everyone could know my financial situation before I even start work there, just because the bailiff left it at the wrong address.


I don't know what to do, I feel I can't leave the house, my IBS is already causing problems since I received the letter and I can't stop shaking. I need to make sure he doesn't visit neighbour again as she doesn't deserve to be harassed for no reason.

[Esmith]

Re: JTR Collections



Please excuse random shapes to hide personal info, it's the only editing thing I have on here.

[Kati]

Re: JTR Collections

Did you get any letters before the bailiff turned up at your neighbours?? You should have had at least one from JTR prior to him calling out,

Bailiff Law and Regulation from April 2014 state:

Enforcement Agents must now follow a three stage process.
Stage 1 - Compliance (fee £75.00)
Upon receipt of an instruction, the EA shall give the debtor a minimum of seven (7) clear days notice that a visit will take place to take control of goods.
Stage 2 - Enforcement (fee £235.00 + 7.5% of the value of the debt that exceeds £1,500.00)
An EA shall attend the premises to take control of goods and undertake activities necessary prior to the removal of goods.
Stage 3 - Sale (fee £110.00 + 7.5% of the value of the debt that exceeds £1,500.00)
An EA shall attend he premises to either remove goods for sale, or start the preparations for sale if the sale is to take place on he premises. This stage ends when the goods have been sold or disposed of.

These fees are set in stone and cannot now be altered/added to!!

Check the fees added to your account to make sure the bailiff has adhered to these rules.

From what I have read so far, the bailiff does not seem to have given you any notice?! Contact your council and query the using of Enforcement Agents when you have had NO response to your previous requests for payment plans (emails you sent - if saved - can be used as proof of your attempts). They should have told you that they were going for a Liability Order, told you that the debt was being passed on to JTR etc...

I'm sure other Beagles will be along later to add to this.

Kati

[bluebottle]

Re: JTR Collections

Did you get any letters before the bailiff turned up at your neighbours?? You should have had at least one from JTR prior to him calling out,

Bailiff Law and Regulation from April 2014 state:

Enforcement Agents must now follow a three stage process.
Stage 1 - Compliance (fee £75.00)
Upon receipt of an instruction, the EA shall give the debtor a minimum of seven (7) clear days notice that a visit will take place to take control of goods.
Stage 2 - Enforcement (fee £235.00 + 7.5% of the value of the debt that exceeds £1,500.00)
An EA shall attend the premises to take control of goods and undertake activities necessary prior to the removal of goods.
Stage 3 - Sale (fee £110.00 + 7.5% of the value of the debt that exceeds £1,500.00)
An EA shall attend he premises to either remove goods for sale, or start the preparations for sale if the sale is to take place on he premises. This stage ends when the goods have been sold or disposed of.

These fees are set in stone and cannot now be altered/added to!!

Check the fees added to your account to make sure the bailiff has adhered to these rules.

From what I have read so far, the bailiff does not seem to have given you any notice?! Contact your council and query the using of Enforcement Agents when you have had NO response to your previous requests for payment plans (emails you sent - if saved - can be used as proof of your attempts). They should have told you that they were going for a Liability Order, told you that the debt was being passed on to JTR etc...

I'm sure other Beagles will be along later to add to this.

Kati

Absolutely, Kati.

Esmith should have received reminders, a Final Notice, Summons and then a notice of the Liability Order before any civil enforcement company got involved. The two EAs who turned up have, in all probability, breached the Data Protection Act 1998 by their actions. I am also aware of local authorities issuing Liability Orders without going through the legal process prescribed by law. So checks do need to be made with Esmith's local magistrates court.

Esmith,

You are classed as vulnerable due to your own health issues and those of your daughter. I have worked with people with neuro-muscular conditions in the past and have a neurological condition myself. If you do not already have details, there is an organisation called The Neuro Foundation (formerly the Neurofibromatosis Association) http://www.nfauk.org/ which helps those affected by Neurofibromatosis and their families.

[Esmith]

Re: JTR Collections

Thanks everyone. I have not received anything. Our post has been pretty unreliable at points in the past but as far I knew it had been fine recently.

How do I prove that I haven't received anything though?

bluebottle, thank you for that, I am aware of The Neuro Foundation. Their information has been fantastic for finding out more. We have been left to find most of it out by ourselves unfortunately. The past year has been particularly bad as my daughter's eye sight started to deteriorate so an optic glioma was suspected (tumour in her optic nerve) Luckily an MRI showed all was fine. She has had so many tests this year but the latest one showed that her eyes have remained the same for a few months thankfully.

I have emailed the council and got an auto reply saying my email would be replied to in strict date order though. Previously this has taken 3-4 weeks though! I don't want to start my new job known as 'the lady that let the bailiff harass Mrs ....' though. If he came on Friday 17th, when will he return?

[bluebottle]

Re: JTR Collections

Thanks everyone. I have not received anything. Our post has been pretty unreliable at points in the past but as far I knew it had been fine recently.

How do I prove that I haven't received anything though?

bluebottle, thank you for that, I am aware of The Neuro Foundation. Their information has been fantastic for finding out more. We have been left to find most of it out by ourselves unfortunately. The past year has been particularly bad as my daughter's eye sight started to deteriorate so an optic glioma was suspected (tumour in her optic nerve) Luckily an MRI showed all was fine. She has had so many tests this year but the latest one showed that her eyes have remained the same for a few months thankfully.

I have emailed the council and got an auto reply saying my email would be replied to in strict date order though. Previously this has taken 3-4 weeks though! I don't want to start my new job known as 'the lady that let the bailiff harass Mrs ....' though. If he came on Friday 17th, when will he return?

Hi again.

From what you have said, I would contact your ward councillors asap and get them onboard asap. They are accountable to you and for holding council officers to account. Contact details for your ward councillors should be on your local council's website.

Hope this helps.

[Esmith]

Re: JTR Collections

I've just emailed a ward councillor, thanks. I told her the whole story right from how we got into debt in the first place, up to the bailiff going to the wrong address.

Can they actually do anything? I just want a payment plan in place that I can afford, amd that won't get me into more trouble, and not have the constant worry of a bailiff anymore. Would like to wake up without a black cloud over my head for once.

[bluebottle]

Re: JTR Collections

I've just emailed a ward councillor, thanks. I told her the whole story right from how we got into debt in the first place, up to the bailiff going to the wrong address.

Can they actually do anything? I just want a payment plan in place that I can afford, amd that won't get me into more trouble, and not have the constant worry of a bailiff anymore. Would like to wake up without a black cloud over my head for once.

As stated previously, councillors are accountable to you and the council officers are accountable to your councillor as your elected representative. If the legal process has been by-passed or not complied with, the councillor can demand answers. The fact you are deemed vulnerable should tell the council and JTR to approach with caution. The media would be likely to have a field day if they carried on regardless.

[Wombats]

Re: JTR Collections

Esmith - sorry, I've only just read this.

It is critical that you send proof of your vulnerability to BOTH the CEO and Head of Revenues at your LA, and the enforcement company.

You have to do this, as obviously the EA does not have a crystal ball and so does not know you are vulnerable. It therefore falls to you to tell them and send definitive proof!

The enforcement agents should then be called off and you should be able to agree an affordable repayment plan with the LA. It is essential that this plan is sustainable in the long term, as they may not give you another chance, so don't agree to something you cannot afford.

There is plenty of FREE help out there from CAB etc... who will help you with that part if you are not well enough to manage this yourself. Also places like MIND will sometimes provide support for people with mental health issues. They are excellent.

The single main thing to do NOW is send evidence of your vulnerability to the LA and the enforcement company.

Just take one step at a time as with the condition you have, I know that sometimes anything beyond one step is just too much and nothing gets done. If you do nothing else, please send that proof.

[Esmith]

Re: JTR Collections

Thanks Bluebottle and Wombats. I will be calling my doctor in the morning to obtain a letter proving I have the conditions. Trying to see a doctor at our surgery is like trying to get blood out of a stone though so now I am awake worrying that I won't be able to speak to him.

My anxiety is through the roof today, earlier a bee flew in my bedroom window and back out again. I sat for over an hour going through possibilities - what if the bee stung me? What if I have developed a severe allergy to bee stings? What if it made me unable to call an ambulance? What if my children forgot how to dial 999? What if I died in front of them? Would they ever get over it? Would anyone know they were then home alone and upset? Would my husband be ok to look after them? What would they wear to my funeral? Would anyone go to my funeral? Who would pay for it? - apologies for the rambling, my head just works in the most odd ways, hours later I now see the funny side of it, but this afternoon I was on the verge of a panic attack over a bloody bee minding it's own business!

Should I email JTR now and ask them to delay enforcement while I obtain a doctor's letter as proof of vulnerability? I have also not had the 'clear 7 days' to deal with this as the bozo delivered the letter to the wrong address, surely they can give me that?

I am worried that if I point out the fact he went to the wrong address, he will return on Saturday to my actual address, and if I don't point it out I risk him turning up on Saturday and harassing my neighbour/future colleague. My children are off school now too and I really don't want them to see me get worked up and upset. I've hidden it from them so far, I can't let them see me get like that, especially as it's meant to be their 'fun' summer holidays :'( My excitement over getting a job I have wanted for years is pretty much gone too, I'm going to walk in paranoid that everyone will know I'm in debt and being hounded by bailiffs.

[Esmith]

Re: JTR Collections

Plus now I am worrying as I have realised I will have to actually call the doctor's surgery and get through pitbull receptionists. I am not good on the phone at all and have often hung up after being unable to get a single word out of my closed up throat (that's why I was sacked from my job in 2008, couldn't speak to any customers on the phone, and I was meant to provide customer service!!)

[Wombats]

Re: JTR Collections

Hi Esmith,

You're not the only insomniac around! :beagle:Try to get some sleep. It is not essential you see your doctor - maybe you have a repeat prescription you can show them or photograph and email? Do you have visits to a consultant psychiatrist or anything like that? Do you claim DLA for your impairment? Anything recent like the aforementioned things will provide proof, as would a letter from yourself.

Doctors are very good in this circumstance, and if you explain to the receptionist, the doctor may well write a letter stating you have some mental health issues and in their opinion are vulnerable. This can be done without seeing them and you can go to the surgery to collect it.

I would certainly contact the Local Authority to tell them you are gathering evidence to prove you suffer mental health issues and should be deemed vulnerable, send to the CEO and Head of Revenues - ask the to call off the EA's while you get the evidence together to send.

Don't send it to the enforcement company yet as they might just use it as an excuse to come asap before you have the proof. I suspect, from the sound of your illness, that it is likely to be very apparent to an EA if he did knock at your door that you are vulnerable.

You could even photograph the tablets you're taking - they have a label on them with your name and address which provides pretty solid proof of your vulnerability.

Please try to get some sleep - I'm going to now!

If you've done any CBT or Mindfulness, now's the time to put it into practice.

[Esmith]

Re: JTR Collections

Thank you so much Wombats, I did fall asleep eventually, doesn't really feel like it though!

I have just emailed CEO and head of revenues explaining the situation and asking them to call off the EAs. My poor email account doesn't know what's hit it with all of these emails I'm sending! Hopefully I will get some sort of reply from someone today.

Will sort out proof now, do I email this to JTR and the council and put copies in the post as well?

[Esmith]

Re: JTR Collections

My usual doctor is on holiday so I had to speak to a different one. He says a certificate signing me off work sick due to my problems should get them off my back, do you think this will be enough?

The only antidepressant I take a the moment is a fairly low dose, mainly to help my IBS, shall I include a picture of the box of these too?

I wasn't keen on taking anything stronger as when they told me to take Prozac a few years ago I was a total zombie and have no proper memories of the first 2yrs of my daughters life until I came off them. I definitely think I need to up this a bit now as it's clearly not doing the job, but couldn't speak to a different doctor about it as I can't go back and explain everything all over again. Have made an appointment to see my doctor when he is back from his holiday though so I feel a bit better knowing that.

[Wombats]

Re: JTR Collections

I can't answer definitively what will and won't count as vulnerability as they decide based on the evidence. I would way the more you can give them, the more you are likely to be deemed vulnerable. They are not medics, so I don't know how much a difference between 10mg and 60mg of an anti depressant would make to them, but if it were me I would send a copy of the drug you're taking with label. If you take anything else for your illness (maybe Diazepam in case you need it for your anxiety?) then photo those and send as well.