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Waltham Forest & Newlyn Plc

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  • Waltham Forest & Newlyn Plc

    Hi am after a bit of advice after Newlyn Plc doorstepped me yesterday. Hubby incurred a traffic violation in May last year for a no left turn on Blackhorse Road E17, we appealled, lost despite what we thought were good points made & we sent a cheque for half, as that's all we could afford to pay in one go, the remainder would be sent when we received acknowledgement & I had had monies owing paid to me. This was all explained in appeal & letter accompanying cheque in which we reiterated we were under financial hardship as at the time I was undergoing treatment for thyroid cancer therefore unable to work, hubby had recently had to take a pay cut & would be selling the car to make payment as we were behind on mortgage as well with that debt coming first, we included an SAE for a receipt & never heard back from Waltham Forest council.

    As far as I am aware the cheque was cashed (have asked bank for paper statement from that period as online only goes back 12 months) & nothing more was heard until hubby received a letter from Newlyn Plc dated 31/7/17 stating that their van was in the area & would be looking to recover goods to pay the debt & the fine had gone up to an eye watering £448! I wrote back stating it had been over a year since making part payment which their letter made no mention of, no accounting for where the extra money had come from & no detail of any court documents/reference numbers etc. I stated in the letter as such due process appears not to have been followed their action was invalid & to refer it back to Waltham Forest as I had no wish to deal with Newlyn who we did not recognise.

    Received a reply dated 3/8/17 saying thank you for communication & while it's points were investigated the account would be placed on hold & that they woud write to us within 10 days to make their case & if they could not they would write to us explaining why. Needless to say this letter has never been received.

    Yesterday 23/8/17 an unmarked van was parked outside my house as I returned from errands didn't think anything of it as a few of our neighbours are having work done & most of them drove unmarked vans, 10 minutes after getting in I received a knock at the door asking for my husband stating he was from Newlyn Plc & was looking to recover a fine on behalf of Waltham Forest council. I told him I did not wish to discuss such matters on my doorstep to which he asked if he could come in & I promptly put both the chains on the door & asked him to leave. He handed me a letter addressed to my husband & went & sat in his van making phonecalls no doubt checking the ownership of the car parked outside my house. I know for a fact they cannot clamp/seize either car despite them being in clear view on street parking as one is in my name & his new one is on HP plus he requires it to do his job & we can only exercise right to buy with final payment in about 3 years time. The letter states FINAL NOTICE OF REMOVAL with contact details & the car registration hand written on the letter, it also stated if my husband did not ring him that day he would be back between 6-9pm to seize the car &/or goods. The car in question (as in incurred the penalty in) was sold shortly after we lost the appeal.

    He did not return & nor did i see a van parked nearby & nothing has been left on the cars since, I am sick with worry keeping any eye out for them as have no idea when or if they will come back, don't know how to tell hubby, he knew about initial fine & appeal etc but knows nothing about Newlyn. As mentioned earlier we no longer own the car that hubby was driving at the time of incurring the fine yet Newlyn's letters have the make, model & registration all on them & this is despite telling both them & the council we no longer own it.

    Questions I have are what can they do if they can't find said car at our property? Am more than happy to tell them who we sold it to although they might not be, given it has been over 12 months since sending cheque & hearing from Newlyn the first time (although they claim numerous letters had been sent prior to 31/7/17 none of which were received) & not hearing from Waltham Forest do we have any grounds to refuse/appeal/anything? 2nd letter received from Newlyn said account would be on hold yet they doorstepped me with no notice & didn't even bother to check who I was? When had an issue with a parking fine in past as soon as we pointed out the length of time between 1st contact & debt collector plus not following due process it was dropped like a hot rock but this is for a different violation so do same rules apply or is it different? Are Newlyn debt collectors or bailiffs? their website says debt collection but everything i find on them in forums says they are bailiffs, paperwork from them doesn't state either way

    Help please
    Tags: None

  • #2
    Re: Waltham Forest & Newlyn Plc

    Hi bambibunny, welcome to LB.

    I'll give [MENTION=9189]bizzybob[/MENTION] & [MENTION=26498]ploddertom[/MENTION] a nudge for you.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Waltham Forest & Newlyn Plc

      Newlyn are Bailiffs and will have charged fees on this - £75 Compliance & £235 Enforcement = £310 - this is on top of how much the ticket is for. They can charge no more unless they are able to Take Control of Goods and remove them for sale. I have to say it does look as if you do owe this. Not having the car the offence was committed is irrelevant - unless of course they take it from the new owner which is another argument. The quickest way to find out if part payment was made is to speak to the Council concerned.

      There are some things you need to know:
      1 - when did Newlyn send the Notice of Enforcement & to what address including Post Code
      2 - what date is on the Warrant of Control that Newlyn have

      Comment


      • #4
        Re: Waltham Forest & Newlyn Plc

        Originally posted by ploddertom View Post
        Newlyn are Bailiffs and will have charged fees on this - £75 Compliance & £235 Enforcement = £310 - this is on top of how much the ticket is for. They can charge no more unless they are able to Take Control of Goods and remove them for sale. I have to say it does look as if you do owe this. Not having the car the offence was committed is irrelevant - unless of course they take it from the new owner which is another argument. The quickest way to find out if part payment was made is to speak to the Council concerned.

        There are some things you need to know:
        1 - when did Newlyn send the Notice of Enforcement & to what address including Post Code
        2 - what date is on the Warrant of Control that Newlyn have

        Thanks for getting back to me, I am fully aware we owe this as stated we paid half the £135 i.e. £65 due to financial hardship which was stated in our appeal & in a letter sent with the cheque. After sending this cheque which I know was received as was signed for & including an SAE for a receipt we never heard back from Waltham Forest. When we lost the appeal all that was received was a letter stating appeal had been rejected & reasons why plus a copy of the original pcn. Cheque was dated 2/6/16.

        First communication received from Newlyn was the letter dated 31/7/17 (13 months after cheque was sent) & simply stated that their van was in the area & would be looking to recover the monies-£448, it was this letter that I sent my reply to stating that it did not state how they arrived at that amount, no mention of previous cheque sent or of any court documents etc. Letter received dated 3/8/17 said that the account would be on hold while the points in my letter would be investigated & they would write to me-to date they haven't nor have they given reasons why they haven't. If the account is on hold why are they turning up at my house when action should be suspended?

        On Weds 23/8/17 a representative of theirs doorstepped me unannounced asking for my husband & when I refused to give him any information or let him in he handed me a letter & left. This was the one that said he would be back that evening to seize the car (with registration hand written on it). Up till now (fri night) they have not been back, yet.

        I or my husband have not received a Notice of Enforcement from Newlyn nor have we seen/received a Warrant of Control I would have thought it would be included on correspondance already sent or in relation to their "investigations", we have not moved we have not attempted to hide our address or mislead. First we knew that Newlyn were involved was when we received the letter dated 31/7/17
        Last edited by bambibunny; 25th August 2017, 23:33:PM.

        Comment


        • #5
          Re: Waltham Forest & Newlyn Plc

          noone?

          Comment


          • #6
            Re: Waltham Forest & Newlyn Plc

            I'll tag [MENTION=26498]ploddertom[/MENTION] for you again xx
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
            But please include a link to your thread so I know who you are.

            Specialist advice can be sought via our sister site JustBeagle

            Comment


            • #7
              Re: Waltham Forest & Newlyn Plc

              I'm not quite sure what you are after as under your own admission you only part paid therefore leaving yourself exposed to enforcement.

              Comment


              • #8
                Re: Waltham Forest & Newlyn Plc

                Originally Posted by ploddertom
                Newlyn are Bailiffs and will have charged fees on this - £75 Compliance & £235 Enforcement = £310 - this is on top of how much the ticket is for. They can charge no more unless they are able to Take Control of Goods and remove them for sale. I have to say it does look as if you do owe this. Not having the car the offence was committed is irrelevant - unless of course they take it from the new owner which is another argument. The quickest way to find out if part payment was made is to speak to the Council concerned.

                There are some things you need to know:
                1 - when did Newlyn send the Notice of Enforcement & to what address including Post Code
                2 - what date is on the Warrant of Control that Newlyn have

                Thanks for getting back to me, I am fully aware we owe this as stated we paid half the £135 i.e. £65 due to financial hardship which was stated in our appeal & in a letter sent with the cheque. After sending this cheque which I know was received as was signed for & including an SAE for a receipt we never heard back from Waltham Forest. When we lost the appeal all that was received was a letter stating appeal had been rejected & reasons why plus a copy of the original pcn. Cheque was dated 2/6/16.

                First communication received from Newlyn was the letter dated 31/7/17 (13 months after cheque was sent) & simply stated that their van was in the area & would be looking to recover the monies-£448, it was this letter that I sent my reply to stating that it did not state how they arrived at that amount, no mention of previous cheque sent or of any court documents etc. Letter received dated 3/8/17 said that the account would be on hold while the points in my letter would be investigated & they would write to me-to date they haven't nor have they given reasons why they haven't. If the account is on hold why are they turning up at my house when action should be suspended?

                On Weds 23/8/17 a representative of theirs doorstepped me unannounced asking for my husband & when I refused to give him any information or let him in he handed me a letter & left. This was the one that said he would be back that evening to seize the car (with registration hand written on it). Up till now (fri night) they have not been back, yet.

                I or my husband have not received a Notice of Enforcement from Newlyn nor have we seen/received a Warrant of Control I would have thought it would be included on correspondance already sent or in relation to their "investigations", we have not moved we have not attempted to hide our address or mislead. First we knew that Newlyn were involved was when we received the letter dated 31/7/17
                Last edited by bambibunny; 25th August 2017 at 23:33:PM.


                you asked when & what address newlyn sent the NoE to, I said I don't know as have never seen/received it this was pointed out to Newlyn when I wrote to them before account was supposedly put on hold, to date have not received any answer to that nor an explanation as to why as stated in their letter dated 3/8/17. Is there anything I do about that?

                you also asked what date is on the warrant of control again I don't know as have never seen/received it & again pointed out to newlyn when I replied to their letter of 31/7/17 to date have not received a reply same as previous point.

                I also asked given it has been over 13 months between getting the rejection letter from Waltham Forest & receiving the first letter from Newlyn which was the van is in your area letter is there any time limit to anything?

                given the account was supposedly put on hold therefore stopping any action & have not received anything to any effect of this being any different was the fact they doorstepped me unannounced last week legal? Letter handed to me at the time said they'd be back same night to seize car but never turned up & nothing over weekened was this just an idle threat or will they turn up whenever they feel like it?

                Comment


                • #9
                  Re: Waltham Forest & Newlyn Plc

                  Originally posted by bambibunny View Post


                  First communication received from Newlyn was the letter dated 31/7/17 (13 months after cheque was sent) & simply stated that their van was in the area & would be looking to recover the monies-£448, it was this letter that I sent my reply to stating that it did not state how they arrived at that amount, no mention of previous cheque sent or of any court documents etc. Letter received dated 3/8/17 said that the account would be on hold while the points in my letter would be investigated & they would write to me-to date they haven't nor have they given reasons why they haven't. If the account is on hold why are they turning up at my house when action should be suspended? - Have you chased them up over this? The cheque & part payment has nothing to do with them.

                  On Weds 23/8/17 a representative of theirs doorstepped me unannounced asking for my husband & when I refused to give him any information or let him in he handed me a letter & left. This was the one that said he would be back that evening to seize the car (with registration hand written on it). Up till now (fri night) they have not been back, yet. - Never believe anything a Bailiff says when he tells you he is coming as he then loses the element of surprise when he turns up out of the blue

                  I or my husband have not received a Notice of Enforcement from Newlyn nor have we seen/received a Warrant of Control I would have thought it would be included on correspondance already sent or in relation to their "investigations", we have not moved we have not attempted to hide our address or mislead. First we knew that Newlyn were involved was when we received the letter dated 31/7/17 - have you asked. They will say it was sent and unfortunately the onus is then on you to prove it was not delivered. Ask for a copy of it.
                  Last edited by bambibunny; 25th August 2017 at 23:33:PM.


                  you asked when & what address newlyn sent the NoE to, I said I don't know as have never seen/received it this was pointed out to Newlyn when I wrote to them before account was supposedly put on hold, to date have not received any answer to that nor an explanation as to why as stated in their letter dated 3/8/17. Is there anything I do about that? - see above

                  you also asked what date is on the warrant of control again I don't know as have never seen/received it & again pointed out to newlyn when I replied to their letter of 31/7/17 to date have not received a reply same as previous point. - you must chase this up, alternatively contact the Traffic Enforcement Centre for the info.

                  I also asked given it has been over 13 months between getting the rejection letter from Waltham Forest & receiving the first letter from Newlyn which was the van is in your area letter is there any time limit to anything? No

                  given the account was supposedly put on hold therefore stopping any action & have not received anything to any effect of this being any different was the fact they doorstepped me unannounced last week legal? Letter handed to me at the time said they'd be back same night to seize car but never turned up & nothing over weekened was this just an idle threat or will they turn up whenever they feel like it? - see above
                  Unfortunately the onus is on you to chase them up over this. You may need to try to find something wrong with their Enforcement which at present there is not.

                  Comment

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