Can a debt which is being paid on time be 'reviewed' when they please???

[misscutandstick]

Bit upset at the moment, had a bit of a row with the man on the phone, could really do with some advice if anyone could help...

The original debt was over a year ago. I rang and offered a certain amount permonth which meant it would take about 18mths to clear, which they accepted and bank details were exchanged.

I have paid the agreed amount on time every month since.

Just recently they have asked for more money, i explained that i couldnt afford more and sent a statement of means. After many letters and phonecalls, they squeezed a little money more out of me. Now this morning they have sent another letter saying that they accept the new amount... BUT will be sending a bailiff out to 'secure' the debt???

Are they legally allowed to keep 'reviewing' whenever they please? Im worried about this bailiff thing, i dont want to have things removed when im paying exactly what they requested. Is this all legal???

Please help.

Go to CAB asap, I don't think they can assuming it was formally agreed and you've kept to the agreement. To send a bailiff requires a court order and they'd have to show they have considered all reasonable offers of repayment. Are they a reputable lender ?

apparently they are 'certified bailiffs'

but claim that they havent bought the debt, but are acting on behalf of the local council.

oh, just to mention there is no 'jugement' issued on this debt either.

so who is the debt owed to ?

sheffield city council. many years ago when i was a struggling single mum.

I kept paying the very little i could (which again was an accepted amount by the council) then i met my present husband, and we moved out into our own home.

the debt (from rent arrears all those years ago) was either passed on or bought by "JACOBS CERTIFICATED BAILIFFS", I made an arrangement to pay them and was agreed on both sides...

but for the last fornight since its been 'reviewed' letters have arrived after each phonecall, and they are getting worse and worse ive already made an offer of increase in payment, and now they are threatening to send in a bailiff.

the man on the phone said that "because its a debt that goes over a 12 mth period it needs to be 'secured' on goods. and since im paying then why do i need to worry?" well TBQH they havent exactly been honest with me about procedures, when i first phoned on the very original letter to organise payment no mention was made about 'review' and it certainly did not mention that in the letter that they sent accepting the offer - which obviously went over a longer period than 12mths, and the lady on the phone at the time never mentioned reviews or bailiffs either. The latest man on the phone said that its 'company policy'... so why wasnt it mentioned all that time ago?

to sum up: reviews and bailiffs werent mentioned on the original letter accepting my offer, and it further reviews arent mentioned on the latest letter either - but he says that they can at any point they want... but surely if im paying what they ask, are they REALLY allowed to do what they are doing?

sounds dodgy tbh - I think you should contact the council direct to clairfy if they are acting for them and speak to CAB re the legal position. Debts can be unsecured afaik, regardless of payment period.

you could also look on www.consumeractiongroup.com as I had some great advice from them re medical bills (granted a lot different but they were extremely helpful and supportive).
CAB also as already suggested but it's worth a look on the above site.

Have you spoken to the council? You really should if you haven't as they can intervene on your behalf and pull the bailiffs back into line; they are not allowed to pressure you like this but unfortunately they do try?you only have to look on consumeraction to see this.

I hope you get some good advice soon but please do get in touch with the council at least.

sorry LIZS-xposted!

This is just a thought and nothing really to do with my particular account, but-

if "Jacobs" company was struggling because of the recession, then its employees would be looking at losing their jobs. Certainly by harrassing everyone on their books then getting in the money would secure their jobs, perhaps thats why they are being so underhanded?

Like i say, nothing to do with my circumstances at all, think im trying to de-personalise this really upsetting predicament.

will get in touch with council on monday - but as we are no longer tennants, and i rather suspect that Jacobs BOUGHT the debt, as opposed to working on their behalf, i think they will do nothing, claim ignorance, and fob me off.

just googled and while they look legit I suspect their tactics could be less than honourable as you describe.

Me and dh had a similar problem with a debt owed to a council. We agreed to pay £60 a month which they agreed only to be told several months later that they had involved the baliffs and they wanted us to pay more. In the end we got a personal loan just to get the baliffs off our backs. Now a debt that we could have cleared in 2yrs has had to be spread over 5yrs because obviously with a loan theres interest. councils seem to make the rules up as they go imo.

It's not clear who the original agreement was with? The baliffs or the Council?

You need to phone the Council and explain that the Baliffs are changing the agreed terms and conditions and that you have kept up the payments.

I had a problem with Baliffs a few years aho when I was in full time education. I shouldn't have had to pay Council Tax, but the Council didn't realize.

Anyway, I was totally broke, and buried my head in the sand and couldn't face opening mail.

A friend of mine finally forced me to open each and every letter and deal with it!

Anyway, I called the Baliffs and said there had been a mistake. They were quite used to hearing all sorts of excuses, but they said that they only act on the Council's instructions when there is a debt to collect.

So, I called the Council and they accepted that I shouldn't have had the debt in the first place, and called the dogs off

The Baliffs, like you say, are a business. Personally, I would call their bluff and say, 'hmm, let's just take this to court because I absolutely cannot afford anymore and think we need a judge's opinion on this...'

Tossers.