Newlyn Bailiff Complaint

[grimberz]

Hi,

Would like some advise if possible on the best way to complain about the conduct of Newlyn PLC and of one of there bailiffs.

Will try to keep this short:

Got a letter about 3 months ago regarding a fine from LB Tower Hamlets for a road traffic contravention. I accept the fine and I did put in place a repayment with Newlyn for £31 per month. The amount owed at this time was £197.

The following month I defaulted on payment. (honestly, just completely forgot)

Next thing I know I get a text saying that a bailiff will call within 24hours. So I call the bailiff and make arrangement to pay him in full the following friday. Nothing was mentioned amount amounts owed.

I called him yesterday to make payment, only to find out that the new amount was now £430. I refused to pay this and ask for reasons why it had increased, he couldn't give me areason why, but did mention he would remove a van charge (which is odd, as I called him the same day as I got the text, and he said to me 'good, i wont need to come up to *insert town*).

Gave me aload of bull about how he'd get in trouble if he reduced it anymore etc..

I informed him that I would seek legal advise and he informed me that if I was unwilling to pay that he would send the fine back to the court at which point I would be given a CCJ and ordered to pay the new full balance.

I spoke to Debtline who where very helpfull and told me in no uncertain terms to call his bluff.

My only concern now is that this was all conducted over the phone, so my word against his regarding conversation.

Wondered what the advise on here would be for next steps...

(Sorry for going on a bit)

[Amy]

Re: Newlyn Bailiff Compliant

What kind of road traffic contravention was the fine for?

Have you ever been visited by this bailiff? Has he levied on any of your goods?

If I were you, I'd send the bailiff company a Subject Access Request letter (contained within the following link) and have a read of this Bailiff Guide - Legal Beagles

[grimberz]

Re: Newlyn Bailiff Compliant

Thanks for the reply,

It was for parking in an unauthorised area and caught on cctv.

Never visited by the bailiff as stated, and obviously no levy.

Would it be worth sending them an SAR as he's informed me he's going to return the debt to the court on the grounds I have refused payment.

Which is untrue, i agreed to pay the original amount, not the inflated amount that he could give no reason for.

I don't quite understand how the can have the nerve to demand payment without even being able to say what the charges are for

[Amy]

Re: Newlyn Bailiff Compliant

I don't quite understand how the can have the nerve to demand payment without even being able to say what the charges are for

He cannot. It is impossible for him to tell you what the extra charges are for because he made them up and hoped you would pay.

Send the SAR and let him explain them to you formally.

[grimberz]

Re: Newlyn Bailiff Compliant

Should I still do this even though he claims it is to be sent to the court or would I be better just waiting to see what happens?

Also, with him falsely claiming I would get a CCJ and trying to scare me into paying who could I complain to?

Thanks again

[Amy]

Re: Newlyn Bailiff Compliant

Given that he added £200 odd to your fine for seemingly no reason other than he felt like it, do you think it's wise to "see what happens?"

[grimberz]

Re: Newlyn Bailiff Compliant

Point taken, will send an SAR tomorrow. Am I assuming correctly that this goes to the company, not the bailiff?

Do you think a complaint about his conduct would be worthwhile?

[Amy]

Re: Newlyn Bailiff Compliant

Point taken, will send an SAR tomorrow. Am I assuming correctly that this goes to the company, not the bailiff?

Yes, this is correct.

Do you think a complaint about his conduct would be worthwhile?

Yes I do, but I would be inclined to wait until they reply to your SAR, that way you can hit them with everything all at once.

[grimberz]

Re: Newlyn Bailiff Complaint

Thanks for your advise

[Amy]

Re: Newlyn Bailiff Complaint

You're welcome.

[adaobi75]

Re: Newlyn Bailiff Complaint

Hi I have just registerd with this site and I am having problems with Newlyns PLC.
The original debt was a PCN which my husband forgot to pay. The account escalated to Newlyn and I have been paying them since then. I was charged £345.55 and have paid a total of £289.24 to date.
I missed one payment last week, because I tried to pay on their website, but must have had insufficcient funds, the payment looked to me like it went through, nothing informed me that it did not. I was then supposed to pay them on wednesday, but had no money to. I got the money today (friday) and called them to make a payment only then did I learn that the previous payment had not gone through, and they had reffered me to the bailliffs and added a further £117 to my account.
They claimed that they had made a call to my house, and left a hand written note. They did not as I had not received any hand written note through my door, and it was just pure coincidence that I had called them today. I was then told that if I did not make any payments by £1.30pm ( I was being told this at 1PM in effect giving me just half an hour to pay)today, they would call again and levy more charges on me. The borough was very unhelpful when I called them to complain.
What I need to know, is.. are they behaving in the right manner? It is my word against theirs about the attendance. I also want to know what to do about removing those charges and paying the final £56 outstanding by next week.
I will be very grateful for any advice I receive asap.

Thank you.

[Amy]

Re: Newlyn Bailiff Complaint

You need to have a read of the bailiff guide, link at the beginning of this thread and you also need to search this forum, but essentially bailiffs lie and they are lying to you.

[jjjones]

Re: Newlyn Bailiff Complaint

I too have an issue with Newlyns, I couldn't find my debit card, so was unable to make the payment, i paid it on a friday 6th as I found my bankcard and on Monday 9th i received a text saying a bailiff would be visiting my house. i called an explained what happened they were rude and said that the charges would stand and also had the cheek to ask why i didn't ring and let them know i said that i had tried to do that on a previous occasion and they said that if i didn't pay on time that occasion they would charge me so i didn't want to call because the workers are quite rude. anyway when i called them to ask them what they sent me the text for they explained that i now owed my last payment of £81.20 plus charges of £123.00. they said some one came to my house on saturday7th, but i received the text saying a bailiff was attending on the monday 9th. i then paid the last instalment from my original debt and told them i am not paying the charges because no one came to my house, my sister was in all day and i was in for most of it, no letter was found and they said one had been left, but not enveloped. i made sure of what they charged me for and they said it was for the bailiff visit and i asked for the report and they said to get the report i would have to pay £10 admin charge, they also said they didn't have to prove they came round to my house. what should i do?

[Amy]

Re: Newlyn Bailiff Complaint

Other than the charges of £123, what else have they charged you that you have paid?

If you have already been charged two visits, then that is all they can charge no matter how many times they visit you.

Have you read the bailiff guide yet Bailiff Guide - Legal Beagles Consumer Forum

You could also send a Subject Access Request, which carries a fee of £10, which is not an Admin Charge. This letter should provide you with a comprehensive list of what charges have been applied.

[jjjones]

Re: Newlyn Bailiff Complaint

i'm not sure how many times they have visited but i have a take formal notice and a bailiff removal letter from them, plus a letter relating to the payment plan.

who does the SAR money go to?

I set up a payment plan of £81.20 a month for 6 months, just paid off the last instalment on thursday. but i said i am not paying the charges, i asked explicitly what they were for and the woman on the phone said it was for the bailiff visit. and i know they didn't come.