Newlyn Bailiffs & Council Tax Help?

[yartez]

Hi, Im new here and hoping someone could give me some advice.

A newlyn bailiff called at my mother's house this morning regarding council tax owed to liverpool city council.

The amount was council tax of £190, then a £120 charge for him calling out to the house in a van!!

She had recieved a letter from liverpooll council in june, stating that the debt of £190 had been passed to a bailiff but the letter did not give details of who the bailiff was.
She had not recieved any letters from newlyns, and then the bailiff today turns up with a removal notice.

My mother had let him into the house, and when I arrived he was sat there saying he would accept £50 per month.

I paid him £50, and asked him to leave and told him I would be disputing the outrageous charge of £120 for him to call out.

He left, leaving a receipt for the £50 and a copy of the removal notice, which states..
I have today attended your premises with the intention of levying and removing goods to the auction value etc.

It then states ...I will be reattending and goods may be removed in your absence.

Are they allowed to do this?

Many Thanks

[Amy]

Re: Newlyn Bailiffs & Council Tax Help?

The first visit from a bailiff should not be to levy on goods, a first visit should be made in an attempt to gain payment.

Unfortunately, your mother allowed the bailiff access to her property, but the charge is still way too high. What goods has he levied?

Have a read here Bailiff Guide - Legal Beagles Consumer Forum and consider sending the SAR.

[yartez]

Re: Newlyn Bailiffs & Council Tax Help?

Thanks Amy.

He didn't levy any goods or indicate that he had, and nothing was signed by my mother.

When I arrived, I asked him for a breakdown of the arrears and he told me £190 council tax and £120 charge for his visit in a van.

He said he was willing to come to an arrangement, and I disputed the high charge for his visit.

I paid him £50, and told him I would be writing to newlyn and the council to complain about the charges.

I would have been quite happy to have paid the arrears for my mother, and an administration charge but not £120!

Any advice on what to do next?

Many Thanks

[Amy]

Re: Newlyn Bailiffs & Council Tax Help?

Well, if you can pay the arrears off for her then that would be the best course of action. I would not pay that fee though, I would demand in writing, that he tell you how he arrived at that figure and point our the legitimate fees that apply to council tax.

Have you checked he is certificated (link in the bailiff guide)?

[yartez]

Re: Newlyn Bailiffs & Council Tax Help?

Hi Amy, hope you're having a good day.

Just checked the bailiff register and came back with nothing for his name.
I will pay the arrears off, and according to liverpool council, I still have to pay this to newlyn.

Any idea what legitimate fees they could apply, as there has been no correspondence and just his visit today.

Many Thanks

[Amy]

Re: Newlyn Bailiffs & Council Tax Help?

Just checked the bailiff register and came back with nothing for his name.
I will pay the arrears off, and according to liverpool council, I still have to pay this to newlyn.

Call the number to check because if he is not certificated all the bailiff charges are null and void. You do not have to pay the bailiffs at all and I would suggest that you do not. Pay the council direct, they cannot refuse your payment or force you to deal with a bailiff.

Any idea what legitimate fees they could apply, as there has been no correspondence and just his visit today.

Information Thread - Legal Beagles Consumer Forum see post #3 for further information.

[yartez]

Re: Newlyn Bailiffs & Council Tax Help?

Thanks Amy,
Will call and check to see if he is registered tomorrow.
Many thanks for your advice

[Amy]

Re: Newlyn Bailiffs & Council Tax Help?

You're welcome x

[yartez]

Re: Newlyn Bailiffs & Council Tax Help?

Hello everyone, and thanks for your help.

I called the bailiff register this morning, and they do not have any record of the bailiff.
They informed me that it was possible the county court had not submitted his details, and I should contact watford cc as the majority of newlyn bailiffs are registered there.

I have telephoned and emailed, and had no response.
Is it a good idea to phone the bailiff, and ask him where he is registered?

Also as my mother unknowingly allowed him access to the house, he just stated he was here to discuss her council tax bill and not that he was a bailiff, does he now have the right to access her home?

Again, the council tax bill was for £190 arrears but newlyn had applied a charge of £120 on top of that!

She has had no letters from newlyns before his visit yesterday.

Many Thanks

[Amy]

Re: Newlyn Bailiffs & Council Tax Help?

I still think you need to write to them, as per post #4, but include in this letter the fact that you cannot find his certification details and that you require proof that he is certificated before you will consider paying any fees.

You also need to write a letter of complaint to your local council about this. They are vicariously liable for the actions of these bailiffs whether they like it or not and the fact of the matter is that a bailiff's first contact with a debtor is not to levy goods - it is to collect payment. Ask the council what they propose to do about this to prevent it happening again.

[yartez]

Re: Newlyn Bailiffs & Council Tax Help?

Thanks Amy.

I've been informed this morning by hmcs bailiff register that the 'bailiff' has an application lodged at liverpool county court. They found this out by contacting newlyns by email.
I am now going to call enforcement dept. at liverpool cc, and ask them to check on this. I will then draft a letter to newlyns, liverpool city council to complain.

Any thoughts or advice appreciated.

Thanks Again