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Newlyn Visit

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  • Newlyn Visit

    So we a shop over 10 years ago with a flat upstairs. The flat was sub let. We then this year received an enforcement notice from Newlyn. This was last March. Then COVID-19 happened my husband got made redundant I forgot all about it. The in September time we got a knock on the door from a very obnoxious bailiff saying you have to pay £1600 now. I said well I havenít got that an was about to take my children to school. He the said is that tour car I said no my husbands he said I have a debt for him too for this house. Absolute nonsense then he got on his iPad and tried to find a debt for my husband. Then he clamped the car and said he would take £700. He got no where and went away whilst shouting that I was being filmed. My husband then called him and said you have 1 hour to remove the clamp as I will remove it. He never came back. I have had a couple of text messages and one letter since. Today I had another visitor I was upstairs so I just didnít open the door. He shouted through the letter box that he had seen me inside and have filmed me. He left a note to advise he will be back after 24hrs. I have called the council about this who basically said the debt was approx £300 and they didnít want to money after all these years. Considering we are also in lockdown what should I do??
    Tags: None

  • #2
    What is the debt for?

    Comment


    • #3
      It is for 6 weeks of council tax 11 years ago

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      • #4
        Have the Council provided a copy of the Liability Order that was obtained + the date + the amount at that time. Do you still live in the same area? If so why has it taken them so long to progress this? You say the flat was sublet, why are they chasing you and not the tenant at the time - I assume you knew who was resident?

        As for Newlyn - you say they attended approx a year ago and you had received a Notice of Enforcement - do you still have that & if so can you post a copy having redacted all personal info? Do you know how much they are seeking now and how much their charges are?

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        • #5
          I do not have a copy of the litigation order and donít recall having one. The first visit was around sept last year and he told me they had an enforcement order from March last year but did not give me a copy. We no longer live in the area I have spoken to the council involved and let them know but I do not have the tenancy agreement from 11 years ago. I did offer Tommy the council the £300 but they said it was from too long ago and they were not really interested. I do not have any other paper work to hand the current letter says £1600 then he has hand written in brackets I will accept £700 to avoid enforcement.

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          • #6
            For this to be enforced there must be a Liability Order which should have been granted within 6 years of the Council Tax being due. To have got to this stage the Council must have furnished several notices/demands for payment. Provided the Council obtained the LO in the correct manner then the monies can be demanded at any time, otherwise you could claim it is Statute Barred.. For the Council to have passed it on for Enforcement they must have passed the correct paperwork to the Enforcement Co. Now that the Council have taken a step towards enforcement they leave themselves open to being vicariously liable for the actions & charges of their agents - in this case Newlyn.

            If the Council are now saying they are not really interested any more then you should be asking they write the debt off as it would have been the tenant at the time who would have been liable for the charge in the first place. You should also be asking that enforcement is put on hold until such time as the correct paperwork can be supplied. Next step is to write to Newlyn asking them for a Subject Access Request to include a list of charges and the dates they were made - this can be done via email with a back up copy being put in the post.

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            • #7
              Thank you I will start this process today

              Comment

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