Newlyn fees

[jewelx]

Cut a long story short I owe £57 on my council tax i rang newlyn today and they told me I had to pay £350 the £300 was their Admin fees. I have only recieved one letter and they have not been to my home when i asked why I was being charged a extra £300 they said because they had my file for 109 days this is because there was a mix up with the council and the council put the file on hold. I also have a email from newlyn telling me the council have put my file on hold so it was through no fault of my own.
I have emailed them today asking for a breakdown of their admin fees but will follow up with a call tomorrow.
They cannot say they called to my house as they had no reason to, due to the council putting a hold on the file. so they cant get out of it this way.

can they charge me for having my file for 109 days?
Do i have to pay these fees as they said if I dont they will have my stuff removed?
Any advice?

[Amy]

Re: Newlyn fees

If you can, try and record this conversation when you call them.

[jewelx]

Re: Newlyn fees

just a update I rang Newly today and asked them what im being charged for they said today they have changed their story im not being charged for them having my file for 109 days?

£203- enforcent libailly order plus admins fees it adds up to about £360
they are also now saying a bailiff attending my property 3 times before the council put my file on hold.
This is a complete lie and when I asked for the bailiffs name they said they didnt have it? but they did give me the dates.
I now have to put in a sar, but in the meantime I have to pay there fees which is really annoying.
I also put in a complaint to the council and rang them and explained they have sent a email to the recovery team who are going to call me back

[Amy]

Re: Newlyn fees

Why do you have to pay their fees?

[jewelx]

Re: Newlyn fees

well if i dont they will say i defaulted on the arrangment and add on more fees the council told me to pay it on the dates agreed until i get it sorted out. I am just on my way to post the SAR as they are still refusing to give me the bailiffs name.
any advice will help

[Amy]

Re: Newlyn fees

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

The maximum they can possibly legally charge you right now, is £42.50 for the two visits, but then only if they left proof that they visited you on the dates they say they did.

[jewelx]

Re: Newlyn fees

yes i read that information and relayed it to them this morning but they are argueing with me. Before i knew they couldnt charge me i agreed to pay £200 on monday and the rest 2 weeks after.

what shall I do now shall i pay the remaining council tax straight to the council to clear the debt?
can the bailiff remove goods for there fees?
please advise me

[Amy]

Re: Newlyn fees

If you are able to pay it all, then yes, you should pay the council direct.

As I said above, the maximum they can charge you is £42.50, they are lying to you and you also complain to your council about this because they allow them to get away with this kind of behaviour.

Did they leave you any letters when they allegedly visited you?

[jewelx]

Re: Newlyn fees

Like I said yesterday they have never visited me, i was shocked when they said they did to be honest.
I told them that it was a lie and asked for the bailiffs name they said they didnt have it, they also asked what proof I had no one visited as there vans have gprs and they can prove they did.

I have never recieved any letters by hand I have only ever had 1 letter that was the original formal notification dated 22 june my file was put on hold on the 23 july. they have gave me 3 dates that they said they attended between these dates.
I am also pretty sure I can prove this is a lie through my neighbours cctv but I wont know till later.

what can they do about the fees ive already gave them £50 towards their fees.

[jewelx]

Re: Newlyn fees

I have posted my sar recorded delivery, I have also emailed them a copy of it.

I have just contacted my mother who works for another council and she has made the payment by debit card for the outstanding council tax so Im now clear with the council tax its just the fees.

What I really really need to know is now the council tax is paid direct to the council what rights do newlyn then have regarding there fees.

can they take my car ect
can they charge me for not paying them direct (defaulting on the arrangement) as I have no intention now of giving them the £200 i agreed to pay.

Please advise

[Amy]

Re: Newlyn fees

They have already relieved you of £50 and it doesn't appear that they have actually carried out any work in order to earn this money - this is fraud.

See this thread, specifically post #3 and the link in the penultimate paragraph for further information Jacobs / Council Tax - Legal Beagles Consumer Forum

I would suggest that you wait for the results of your SAR and then request the return of your money.

Bailiffs do not like you paying the council direct because this means they do not get paid, so you should be prepared for them to step up their action and this might well include them threatening to levy on your car.

[jewelx]

Re: Newlyn fees

Thanks for your help Amy, I have request by email straight to the council tax department that the council look into the fees and withdraw my file as the council tax has been paid and while I wait for my SAR i doubt they will do it but its worth a try.
I feel Ive done all I can, but I am still unclear about Newlyns rights now the council tax bill has been paid.

[jewelx]

Re: Newlyn fees

I have found this is another thread = a bailiff cannot use the liability order to collect his unpaid fees if the liability has been paid to the council direct under arrangement with them. it becomes a civil matter.

But I would like something legal to prove this rather than just my word as I have decided that if they turn up and threaten my car I will call the police.
can someone please direct me where I can download something that will prove what im saying is true.
Thanks

[WendyB]

Re: Newlyn fees

The chances of them turning up are slim, and even if they do, you do not have to let them in. Don't even open the door to them. Don't sign anything, and if you do decide to speak to them do it from an upstairs window. Don't pay them any more money. Have they actually said anything in writing about turning up to remove your goods/levy on your car etc? If you do decide to communicate with them do it in writing only and copy it to your council. If I were you I would also send in a complaint to the council and remind them that they are vicariously liable for Newlyn's behaviour etc as they are the ones who employed Newlyns. Also tell Newlyns that you will not be paying them anything whatsoever until they provide you with a complete breakdown of what their charges consist of, in writing, and under what powers/statutes etc they are charging these fees.

Bailiffs are on the whole, bullies, who will try and exhort money from you because they think you don't know any better. But now you do know better, and when you stand up to them they will more than likely crawl back under their stone. But probably not without a fight so be prepared for more scare tactics and threatograms.

Have a read of the stickies at the top of the forum.

If you want any advice re letters etc, just post them up on here before you send them and we'll give them the once over.

[jewelx]

Re: Newlyn fees

Have they actually said anything in writing about turning up to remove your goods/levy on your car etcYes on a voicemail, on the phone and today in a letter. (I’m now not worried in the slightest as they have no liability order to act do it in writing only and copy it to your council
yes this has been done.
I would also send in a complaint to the council and remind them that they are vicariously liable for Newlyn's behaviour etc
This also has been done the lady in the council tax department told me to email it direct to her.
tell Newlyns that you will not be paying them anything whatsoever
This was done this morning sent recorded delivery I also request that they refund the money they owe to me, I was going to suggest they can pay me in installments, if they are having difficulty paying but maybe that’s going a little too far.
Will update you when I hear anything