Jacobs and Fees

[adam1311]

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

[zeke]

The first question, regulation 7 of the Taking Control of Goods (Fees) Regulations 2014 states:

7.5% of the sum to be recovered exceeding £1500.

That means a debt of £1558 attracts a 7.5% charge on £58, because £58 is the sum exceeding £1500.

The second question, the regulations states it is 7.5% on the sum to be recovered exceeding £1500.

Regulation 2 of the Taking Control of Goods (Fees) Regulations 2014 states:

"sum to be recovered" means the amount of the debt which remains unpaid.

Therefore the sum to be recovered does not include the fees.

The third question, it does not get paid any quicker, but the bailiff may not charge another £235 enforcement stage fee. Regulation 11 of the 2014 fees regs states the enforcement stage fee only applies once when recovering more than one enforcement power against the same debtor.

[adam1311]

Hi zeke,

Thank you for responding.

Regarding the final point, I may not have been clear with regards to the Multiple accounts, the account that I think they have added too much in fees, this account was paid off in full prior to my current debt with them, so the fees weren't added at the same time if that makes sense.

So as far as I can understand they should have charged me the standard enforcement fee of £235 as opposed to the £308, the £75 was obviously the compliance side so I can't argue that.

Is my understanding correct?

Thanks again for your response

[zeke]

ask the bailiff company for a statement of account, and post it here.

[adam1311]

Will do, requested this yesterday, just waiting for them to send it

[adam1311]

brief update, chased Jacobs on statement, apparently they can only send in the post, so waiting for it coming in.

Thanks again for assistance

[adam1311]

Screenshot_20210411_155936_com.facebook.orca.jpg

Statement from jacobs

Thanks again for any assistance

[adam1311]

Fees

Screenshot_20210411_160450.jpg

[zeke]

The Enforcement stage fee is incorrect.

The law says it is £235 plus 7.5% over £1000. (£18.61) making an enforcement stage fee of £253.62

I cant seem to figure out where they get £306 from.

The dates are 2018, which indicated the Notice of Enforcement is lapsed. It is only valid for 12 months following the date of issue printed on it.

The bailiff cannot take control of goods after that date, and consequently, cannot charge any fees at all. Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014.

You have a right to apply for a detailed assessment under Civil Procedure Rule 84.16, and the bailiffs pays your costs, so you may as well have a solicitor do it for you.

It costs you nothing and it calls for suspension of the enforcement.

[adam1311]

Thanks Zeke,

This account has already been paid off in full now, i did think they had charged too much on the enforcement side, I have another account that I am currently paying off (3 payments to go), so if i paid too much on the older account I want the repayment to be paid off the account that is still live with them if that makes sense.

Thanks for clarifying what I wanted to know, very much appreciated.