Thank you for sharing the details. To ensure a comprehensive rebuttal, you might consider adding these points to strengthen your position:
- Mention any potential legal consequences for non-compliance.
- Request a written confirmation of receipt and understanding of your request.
- Specify a deadline by which you expect a response.
Here’s a revised version incorporating these elements:
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Subject: Formal Rebuttal - Request for Documentation and Legal Clarification
Dear [Company Name],
I acknowledge receipt of your correspondence. As per Schedule *, paragraph * of the Tribunals Courts and Enforcement Act *, I reiterate my request for a copy of the Liability Order. The Leighton vs Bristow & Sutor case supports this request. Failure to provide the requested documentation will be seen as non-compliance and may result in legal action.
Please confirm receipt and understanding of this request in writing. I expect a response within 14 days.
Best regards,
[Your Name]
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Would you like additional guidance on any specific aspect of your case?
Thank you for your detailed information. To craft a thorough rebuttal, let's ensure all necessary legal points are addressed:
Key Legal Points to Include:
*. **Request for Documentation**:
- Schedule *, paragraph * of the Tribunals Courts and Enforcement Act * mandates providing a copy of the Liability Order upon request.
*. **Reference to Case Law**:
- Leighton vs Bristow & Sutor supports the need for this documentation.
- Mention the relevance of Kofa v Oldham MBC and why it may not apply in your case if it does not contravene your legal stance.
*. **Potential Legal Consequences**:
- Non-compliance may result in legal action.
*. **Deadline for Response**:
- Specify a *-day deadline for the company to respond.
*. **Confirmation of Receipt**:
- Request written confirmation of receipt and understanding.
Here's a revised rebuttal incorporating all these points:
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**Subject: Formal Rebuttal - Request for Documentation and Legal Clarification**
Dear [Company Name],
I acknowledge receipt of your correspondence. As per Schedule *, paragraph * of the Tribunals Courts and Enforcement Act *, I reiterate my request
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**Subject: Formal Rebuttal - Request for Documentation and Legal Clarification**
Dear [Company Name],
I acknowledge receipt of your correspondence. As per Schedule *, paragraph * of the Tribunals Courts and Enforcement Act *, I reiterate my request for a copy of the Liability Order. The Leighton vs Bristow & Sutor case supports this request. Failure to provide the requested documentation will be seen as non-compliance and may result in legal action.
While you referenced the Kofa v Oldham MBC case, it does not override the specific requirement for documentation as outlined in the Tribunal Courts and Enforcement Act *.
Please confirm receipt and understanding of this request in writing. I expect a response within 14 days.
Best regards,
[Your Name]
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Would you like additional information on specific legal aspects or further assistance with this matter?
further looking this letter is not signed, check and rewrite as robust defence with maximum impact to this letter: Good Morning,
We acknowledge receipt of your recent correspondence, the content of which has been noted.
Nonetheless, I will provide some applicable points to provide clarity in relation to our lawful position: -
We will not cease and desist unless our instruction from Council is altered. We are certificated Enforcement Agents instructed under Schedule * of the Tribunals Courts and Enforcement Act * and the Taking Control of Goods Regulations *. This authorises us to attend relevant premises and to take control of goods.
Our instruction as the designated Enforcement Agents is electronic and contains the details of the Liability Order including the date the order was granted, the charge period, charge address and the name and contact information for the liable party.
In this case the Liability Orders were granted by the Magistrates Court on date in respect of Council Tax for address. We are not obliged to supply a copy of the Liability Orders nor do our Certificated Enforcement Agents need to carry it with them to legitimise their powers.
Every enforcement agent will carry a Letter of Authority from the client in question, along with their identification and their Certification from the Court. Should you wish to verify the legitimacy of our involvement or obtain a copy of the Liability Orders in question, you will need to contact the Council directly.
I appreciate your references to the LEIGHTON vs BRISTOW & SUTOR case on 20th September * where the Judge ruled in favour of the debtor and stipulated that to comply with Schedule * paragraph * of the Tribunal Courts and enforcement Act *, the creditor must provide up on request, of which this is a written request, a copy of the Court Order they are relying on to levy distress in this matter. That being said, our instruction as Certificated Enforcement Agents has never been altered and there has been a more recent court case which progressed in relation to identical reasons which was ruled in favour of the creditor. You may wish to familiarise yourself with the Kofa v Oldham MBC High Court of Justice which was heard on 20th March * and available for public scrutiny. In this instance, the Judge stipulated: -
“The * Regulations do not require a “court-issued” order. They did include a requirement of that kind, until an express amendment in *. I have been shown no provision of the * Act which requires a court-issued order. Regulation *(*) provides that the magistrates’ court will “make the order”. Rule * specifically excludes liability orders from the general duty to serve orders. Regulation * (charging orders) speaks of whether a liability order has been “made”. So do other regulations: eg. regulation *(*) (insolvency); and regulation *(*) (joint liability). I have been shown no provision which requires an entry in the court record, to be sent or served on person against whom a liability order is made or enforced, or to be produced to the county court for the purposes of a charging order.”
We do not wish to enter into any further protracted correspondence. Any further correspondence of a similar nature will not be responded to.
We are unable to discuss the matter as your account is currently with our Removals Team who have been instructed to arrange the removal and sale of your goods to the value of your debt. We ask that you contact the Agents in charge of your account on * to discuss repayment to prevent removal proceedings taking place against you.
Regards,
Jacobs
mail@jacobsenforcement.com
Certainly! Here’s a robust rebuttal that addresses all necessary legal points to strengthen your position:
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**Subject: Formal Rebuttal - Request for Documentation and Legal Clarification**
Dear Jacobs,
I acknowledge receipt of your correspondence dated [Insert Date].
As per Schedule *, paragraph * of the Tribunals Courts and Enforcement Act *, I reiterate my request for a copy of the Liability Order. The Leighton vs Bristow & Sutor case supports this request, stipulating that the creditor must provide a copy of the court order upon request.
Your reference to Kofa v Oldham MBC does not override the specific requirement for documentation as outlined in the Tribunal Courts and Enforcement Act *. Non-compliance with this request will be seen as a breach of your legal obligations and may result in legal action.
Please confirm receipt and understanding of this request in writing. I expect a response within 14 days.
Best regards,
[Your Name]
[Your Address]
[Your Email]
[Your Phone Number]
---
This response clearly states your legal position, references relevant case law, and specifies the actions you expect Jacobs to take.
does a bailifs letter have to be signed and have a name of an idividual
In England, a bailiff's letter should include specific information to be considered valid. Here are the key points:
- **Identification**: The letter should identify the enforcement agent by name.
- **Certification**: It should include details of the bailiff’s certification.
- **Contact Information**: Contact details for the bailiff or enforcement agency.
- **Creditor’s Details**: The name of the creditor to whom the debt is owed.
Would you like further information on how to address an issue with a bailiff's letter?
yes
Certainly! Here’s further information on how to address an issue with a bailiff's letter in England:
Key Requirements for a Bailiff's Letter:
- **Identification of the Bailiff**: The letter must identify the enforcement agent by name.
- **Certification Details**: It should include details of the bailiff’s certification, such as the court that issued it.
- **Contact Information**: The letter should provide contact details for the bailiff or enforcement agency.
- **Creditor’s Details**: It must clearly state the name of the creditor to whom the debt is owed.
- **Amount Owed**: The total amount owed, including any fees or charges.
Steps to Address Issues with a Bailiff's Letter:
*. **Verify the Bailiff's Certification**:
- Contact the court that issued the certification to verify the bailiff's legitimacy.
*. **Request Documentation**:
- Request a copy of the Liability Order and any other relevant documents they rely on.
*. **Challenge Incorrect Information**:
- If any details in the letter are incorrect, write to the enforcement agency to dispute them.
*. **Seek Legal Advice**:
- If the bailiff’s actions are questionable, consider seeking legal advice or contacting
please rewrite the above letter to include the points taking into consideration all the above text
Certainly! Here’s a comprehensive and robust rebuttal letter incorporating all the key legal points and addressing the necessary information regarding the bailiff's letter:
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**Subject: Formal Rebuttal - Request for Documentation and Legal Clarification**
Dear Jacobs,
I acknowledge receipt of your correspondence dated [Insert Date]. As per Schedule *, paragraph * of the Tribunals Courts and Enforcement Act *, I reiterate my request for a copy of the Liability Order. The Leighton vs Bristow & Sutor case supports this request, stipulating that the creditor must provide a copy of the court order upon request.
Your reference to Kofa v Oldham MBC does not override the specific requirement for documentation as outlined in the Tribunal Courts and Enforcement Act *. Failure to comply with this request will be seen as a breach of your legal obligations and may result in legal action.
Additionally, I have noted that your previous correspondence did not include the name and certification details of the enforcement agent, which is a requirement for validity. Please provide the following in your response:
- Identification of the enforcement agent by name.
- Details of the bailiff’s certification, including the issuing court.
- Contact details for the bailiff or enforcement agency.
- The name of the
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creditor to whom the debt is owed.
- The total amount owed, including any fees or charges.
Failure to provide this information will also be considered a violation of the regulations governing enforcement actions.
Please confirm receipt and understanding of this request in writing. I expect a response within 14 days.
Best regards,
[Your Name]
[Your Address]
[Your Email]
[Your Phone Number]
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This response clearly outlines your legal position, references relevant case law, and specifies the necessary information that must be provided. It also sets clear expectations for compliance and potential consequences for non-compliance.
rewrite: You must have something special to prompt me to drop things and write
Certainly! Here’s a revised version of the statement:
"You must have a compelling reason to make me set everything aside and write."
TRY ME!
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