Newlyn & Council Tax advice needed

[jay1012002]

Morning all,

This is my first post and I’m looking for some advice on a council tax bill I owed for last year which was a total of £40.96 but I will start from the beginning.

I received a letter though my door on 17/07/2012 hand delivered from Newlyn PLC which was a Notice Of Distress for £223.96 and saying it was going to seize my car but the car written on the form was not mine so I did a bit of searching and from what I found out this notice was invalid and I should write to Newlyn informing them of the this.

I sent them 3 letters by recorded post of which they received on the 19^th of July 2012.

Letter 1 asked for a breakdown of charges and gave them 14 days to reply.
Letter 2 was informing them that I had never owned the car they are going to seize.
Letter 3 was to inform them that I was going to pay £40.96 + £24.50 (65.46 Total) for the debt & first visit direct to the council on the 28/07/12 (which I did and have a receipt for)

I have never had a reply from Newlyn.

I also sent a recorded letter to the council asking them for any liability orders against me etc. and informing them I would be paying the account in full on the 28^th.
The council did reply and gave me the details I asked for and the £40.96 is the only monies owing Ect.

Then on the Wednesday 08/08/12 I received a phone call from a bailiff at work asking me to pay the £183 I owed on my council tax bill “I told him that I did not owe the money as I paid the bill on the 28/07/12 and I wrote to Newlyn informing them of this and not to ring me again” at which point he got a bit shirty so I hung up.
Then yesterday I received a removal of goods notice in the post (dated 06/08/12) telling me they will be round in the next 7 days.

I have copies of all letter sent and received if you need to see them.

Sorry for the long post but my question is how do I get Newlyn off my back as I have now paid the debt?

Any help is appreciated.

Thank you

Jay1012002

[bluebottle]

Re: Newlyn & Council Tax advice needed

Hi Jay and welcome to Legal Beagles.

Once you have discharged all monies owing on a CT Liability Order, the Liability Order ceases to have any effect in law whatsoever as it is then deemed to have been satisfied. It is the same with a CCJ, i.e. once satisfied, it is struck from the record and no enforcement action can be taken.

My gut-feeling is that Newlyns are trying it on and the local authority involved needs to kick them into touch pdq. First thing tomorrow morning, contact the local authority, inform them of Newlyns threats and ask them to put a stop to it as they, the local authority, are 100% vicariously-liable for Newlyns' actions as their agents.

As for Newlyns, send them copies of the letter from the local authority confirming your actual liability and the receipt from the local authority confirming payment of the outstanding sum, including the 1st Visit Fee. I would be inclined to write to them as follows -

"Chief Executive
Newylns PLC
XXXXXXXXXX
XXXXXXXXXX
XXXXXXXXXX

Dear Sirs,

Re.: XXXXXXXXXXXXXX

I refer to previous correspondence in respect of the above matter and your company's Removal of Goods Notice dated 6 August 2012.

The Council Tax liability of £40.96 in favour of XXXXXXXXXXXXX Council was discharged by me on [date] at which time a First Visit Fee of £24.50, payable under the Council Tax (Administration and Enforcement) Regulations 1992 (as amended), was also paid. I enclose a copy of a letter from XXXXXXXXXXXX Council dated [date] showing actual liability and a receipt from them dated [date].

You were advised, in my letter to your company, dated [date] that I do not own the car bearing the vehicle registration mark [Registration Mark of Car] that your bailiff, Mr/Mrs/Miss/Ms [Name of Bailiff] included on a Notice of Seizure and which you have been informed was and is invalid as a result. Newlyn PLC is, therefore, not entitled to any fees of any description whatsoever, other than the 1st Visit Fee which has been paid to XXXXXXXXX Council and to whom your company should apply for payment.

The Removal of Goods Notice your company sent to me is, as a result of the foregoing, invalid and the threats contained therein are unwarranted. Your company is put on notice that it is a criminal offence under Section 21, Theft Act 1968, to make an unwarranted demand and, at the time of doing, using menaces, i.e. threats, as a means of enforcing such a demand.

I have requested XXXXXXXXXX Council to prevent your company from taking any further action in this matter and I shall take any necessary legal action against your company and its employees should this become necessary.

You have 48 hours from your receipt of this letter in which to withdraw the Removal of Goods Notice.

Yours faithfully,

Jay"

I have checked the OFT Credit Register and it appears that Newlyns' Category F Debt Collection Licence lapsed on 22 February 2012. I would advise you to contact OFT Credit Fitness Team on enquiries@oft.gsi.gov.uk or 08457 224499 tomorrow and ask what you should do as regards submitting a complaint to the Credit Fitness Team against Newlyns.

BB

[miliitant]

Re: Newlyn & Council Tax advice needed

just sticking my nose in on this one

under the council tax enforcement regulations, i believe that once a liability order has been granted and passed to a baliff, the baliff is allowed to deduct his fees first from any payments made, the balance then goes to the council.

if you have paid the council direct

AND HAVE RECEIVED NO FIRST OR SECOND LETTER OF ATTENDANCE

from the balif company, then their are no fees due to the baliff company

[jay1012002]

Re: Newlyn & Council Tax advice needed

Thank for your reply bluebottle will do this first thing tomorrow.

enquiries@oft.gsi.gov.uk[/EMAIL] or 08457 224499 tomorrow and ask what you should do as regards submitting a complaint to the Credit Fitness Team against Newlyns.

No really sure what this means would you mind explaining?

Jay1012002

[jay1012002]

Re: Newlyn & Council Tax advice needed

Hi Miliitant

Thanks for your input, yes i paid the council direct and the only times i have heard from Newlyn are as follows:

1) 17/07/12 - Notice of distress
2) 08/08/12 - Phonecall from bailiff
3) 11/08/12 - Letter for removal of goods (Dated 06/08/12)

Jay1012002

[bluebottle]

Re: Newlyn & Council Tax advice needed

just sticking my nose in on this one

under the council tax enforcement regulations, i believe that once a liability order has been granted and passed to a baliff, the baliff is allowed to deduct his fees first from any payments made, the balance then goes to the council.

if you have paid the council direct

AND HAVE RECEIVED NO FIRST OR SECOND LETTER OF ATTENDANCE

from the balif company, then their are no fees due to the baliff company

From what I can see, Miliitant, the only fee they're entitled to is a 1st Visit Fee. The other fees are, as far as I can see, invalid/unlawful.

[bluebottle]

Re: Newlyn & Council Tax advice needed

Thank for your reply bluebottle will do this first thing tomorrow.



No really sure what this means would you mind explaining?

Jay1012002

Newlyns have allowed their Category F Debt Collection Licence to lapse, which means their current licence is no longer valid. However, they may be late paying their maintenance fee for the licence. You should check with OFT Credit Fitness Team to establish whether you should make a complaint to them or the Ministry of Justice's Bailiff Department. If you have to complain to the MoJ, send the email to cbregister@hmcts.gsi.gov.uk and insert BAILIFF COMPANY COMPLAINT in the subject box. Hope this clarifies matters.

[CleverClogs]

Re: Newlyn & Council Tax advice needed

Newlyns have allowed their Category F Debt Collection Licence to lapse, which means their current licence is no longer valid. However, they may be late paying their maintenance fee for the licence.

I do not believe that to be what happened.

On 7 February 2012, an application was received by the Office of Faffing and Twaddling to remove "Newlyn Plc" from their credit licence and, instead, to add "Newlyn Debt Collection Limited". However, on 17 February 2012, that application was withdrawn. On 22 February 2012, the Consumer Credit Act Licence of Newlyn plc was allowed to lapse.

Newlyn Debt Collection Limited does not seem to have any Consumer Credit Act Licence whatever.

[CleverClogs]

Re: Newlyn & Council Tax advice needed

I received a letter though my door on 17/07/2012 hand delivered from Newlyn PLC which was a Notice Of Distress for £223.96 and saying it was going to seize my car but the car written on the form was not mine

As a matter of curiosity, whose motor-car is it?

[jay1012002]

Re: Newlyn & Council Tax advice needed

Bluebottle - Thanks for your reply that has cleared things up will get on to the OFT today and let you know the outcome also would like to thank you for the template letter you wrote for me.

Cleverclogs - Thank you for your extra input it has been most valuable. As for the car we don’t know who's it is they seemed to pick a random one that was park outside the flats we live in.

Again thank you to everyone's time and input i will keep you all informed of the outcome.

Jay1012002

[CleverClogs]

Re: Newlyn & Council Tax advice needed

As for the car we don’t know who's it is they seemed to pick a random one that was park outside the flats we live in.

Have you checked with the DVLA - link - that it even exists?

I'd not put it past them to have invented the details (or to have written down the details of their own vehicle) just so they could claim an extra fee.

[jay1012002]

Re: Newlyn & Council Tax advice needed

Hi Cleverclogs thanks for the link didn't even think to check it was a real car but it is, although I’ve not seen it parked in the area since but my partner has she believes it to belong to a couple that live in the block of flats we live in.

Quick update - I have written and sent recorded letters to Newlyn and the council and i am waiting on a reply from the OFT in regards to complaining although because of the high volumes of complaints against debt companies this can take upto 10 working days.

Will keep you all posted.

jay1012002

[CleverClogs]

Re: Newlyn & Council Tax advice needed

As Newlyns cannot prove that your neighbour's motor-car belongs to you, the levy on it is invalid and no fees could lawfully be exacted for it.

I almost hope the ba:censored:rds clamp it or take it away.

[jay1012002]

Re: Newlyn & Council Tax advice needed

Would be nice but im sure my neighbour would feel the same.

[CleverClogs]

Re: Newlyn & Council Tax advice needed

Would be nice but im sure my neighbour would feel the same.

Not sure, surely?