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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 14433
Experience:  Solicitor
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My partner has been given a notice stating 'removal

Customer Question

my partner has been given a notice stating 'removal scheduled' by an agent of jacobs enforcement agents regarding outstanding council tax arrears, she is a vulnerable single mother on DLA and PIP and will be alone in the house with 13 yr old daughter when they intentend to arrive she is petrified as her ex husband was violent and abusive and she is un able to deal with the situation what are her legal rights?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: i have not sought out legal advice yet as she has only recently made me aware of the situation, she lives in plymouth, devon uk, i live in cornwall uk
JA: What steps have you taken so far?
Customer: i have filled in an online request with plymouth city council to try and arrange a payment plan for her, i have also spoken to the agents in jacobs call centre , and messaged the collection agent to see if there is a solution .
JA: Anything else you want the Lawyer to know before I connect you?
Customer: is there any legal requirement for her to enter an arrangement with the ballif and what right does the baliff have to turn up to her propery as she is a vulnerable single mother on disability benefits, thank you
Submitted: 14 days ago.
Category: Law
Expert:  Jamie-Law replied 14 days ago.

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Expert:  Jamie-Law replied 14 days ago.

Does she accept there are arrears?

Customer: replied 14 days ago.
yes she accepts there are arrears, which are considerably higher due to ballif company charges not the orginal council tax arrears
Customer: replied 14 days ago.
no online is fine thank you
Expert:  Jamie-Law replied 14 days ago.

Did she not do a deal with the Council after the liability was made?

Customer: replied 14 days ago.
i not sure to tell you the truth i was only made aware of the issue a few days ago , i have helped her submit an online payment arrangement agreement with plymouth city council but that takes up to 5 working days to be reviewed and they wont say wether or not they can or will recall the debt from the collection agent
Expert:  Jamie-Law replied 14 days ago.

Ok - well there would have been a demand, reminder, court summons etc.

As such bailiff fees are fixed by the Government. What is it you want to know about this?

Customer: replied 14 days ago.
After suffering years of violent physical and mental abuse from her ex husband she is unable to dea with the ballif when he turns up and as she is already on DLA and PIP due to her health and disability what is her legal standing with the baliff
Customer: replied 14 days ago.
are they aloud to enter the propery without consent as she is alone with a minor
Expert:  Jamie-Law replied 14 days ago.

Its a debt enforceable by a Court order. Sadly she will have to come to an arrangement.

They can not break in. So they wont do that.

She needs to come to an arrangement with them.

Either by herself, through Citizens Advice or StepChange.

But they will have an enforceable order.

So an arrangement needs to be made through one of the above channels.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?

Customer: replied 14 days ago.
is she required to pay the full demand amount or do they have to accept terms, there are on line advisors that say not to enter into an agreement with them and is there any truth in the 'right to impied access removal' thing?
Expert:  Jamie-Law replied 14 days ago.

If she has let them in before, they have a right of access.

If she has never let them in they have no right of access.

She, or others on her behalf can do a deal.

Does that clarify?

Customer: replied 14 days ago.
that does make it clearer she has not let them in before, can i advise the baliff that step change or CAB will be taking over for her to stop his visit tomorrow? if he cannot gain access tomorrow what would i need to do going forward?
;
Customer: replied 14 days ago.
he has not specified a time so it is hard for me to be available to help her
Expert:  Jamie-Law replied 14 days ago.

Yes you can do that.

Correct, she MUST NOT let them in.

They can NOT break in

Does that clarify?

Customer: replied 14 days ago.
is he obliged to accept stepchange or CAB over , if he cant gain access tomorrow what would his next required step be , thank you ?
Expert:  Jamie-Law replied 14 days ago.

Just to try and enforce again at some point.

So better to deal with it.

Does that clarify?

Customer: replied 14 days ago.
yes thank you
Expert:  Jamie-Law replied 14 days ago.

Can I assist with anything else tonight?

Customer: replied 14 days ago.
is he rquired to accept stepchange or CAB being involved? and then im finished, thank you for your help
Expert:  Jamie-Law replied 14 days ago.

Yes they are.

Does that assist?

Expert:  Jamie-Law replied 9 days ago.

If this answers your question could I invite you to rate me 3, 4 or 5 stars before you leave today?

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