Newlyn Bailiffs

[MrsH]

I have recieved a Baliff notice for £1,230 for a liability order dated July 2008. As far as i can see i had paid this amount based on letter and correspondence with the council. However the council is saying that the payments i had made went to previous arrears and therefore this amount is still outstanding. I advised that the letters i had from them at the time, stated the liability order of July 2008. To cut a long story short, the council are sending me a statement showing all my payments, in order to verify.

In the meantime, Newlyns have advised that they will continue the visits until I pay up or the council says i have paid, there will be no hold on the visits, whilst i dispute with the council. They have also advised that they want payment in full and not by instalments - there is no way i can afford this in one go.

My dilemma is this - if the council is correct, can i pay the council direct or do i have to pay Newlyn's (who have added charges). do i have to pay in one go or, can i do it in instalments?

I dont mind paying if I do owe but am having a problem with it, if I am disputing. Your help would be greatly appreciated.

[Amy]

Re: Newlyn Baliffs

This is the problem with not stating, in writing, which year you are making the payments towards. Presumably, you are not disputing the fact that you do owe more council tax?

If the bailiff has not been into your house (for this particular liability order) then you do not have to deal with the bailiffs at all. You can make your payments to the council direct, but as above, you must state in writing which liability order they are being made against.

Do you know the fees that have been applied for these accounts? If not, you need to find out and reclaim them.

Have a read here for further information Bailiff Guide - Legal Beagles Consumer Forum

[MrsH]

Re: Newlyn Baliffs

Thanks Amy, correct I did not state when making the payments what year they were for but correspondence from the council stating what I owed noted the liability order, which I believed I was paying for. Indeed the Baliffs letter mentions the same liability order.

No the Baliffs have not been into my house and I do not intend for them to.

Are you talking about the fees for the baliffs? I haven't paid for them yet but I do know the difference between what they are asking for and what the council says i owe. If I pay the
council direct, will I still have to pay the baliffs?

I want to call them by tomorrow morning, but would appreciate your response so that i know what i am doing. Thank you.

[Amy]

Re: Newlyn Baliffs

You will have to pay them for the actual work they have carried out, yes.

Do you know what actual work they have carried out?

[Swingletree]

Re: Newlyn Baliffs

Hi, have a look here The Collection Enforcement Recovery of Council Tax - Legal Beagles Consumer Forum

How many Liability Orders (LO) are in place. I have experience that Councils seem to be 'piggy backing' on to existing orders and that is not allowed. Their computer system seem to be one step away from being useless and as the Council are desperately trying to increase their revenue, this sort of action is going to increase in the future.

If the bailiffs take action (ie get into your house) on one LO then then they cannot use the previous LO in order to enter your property to collect another Debt.

DO NOT pay the Bailiffs, it is the Council who mangers the debt. The Bailiffs work as an agency of the Council and therefore all payments should be made back to Council. Nothing in the Regulations allows the Council to 'sell' the Debt to the Bailiffs

Hope this helps

[MrsH]

Re: Newlyn Baliffs

You will have to pay them for the actual work they have carried out, yes.

Do you know what actual work they have carried out?

The only work they have "carried" out is turning up to my home and putting a letter through the door!! They havent gained access.

[Amy]

Re: Newlyn Baliffs

Good, ok, then they can charge for this visit and one other (maximum) if they have made another one.

I would seriously consider sending the SAR from the link I gave you to find out exactly what has been added, because it won't be just two visit fees.

[MrsH]

Re: Newlyn Baliffs

Hi, have a look here The Collection Enforcement Recovery of Council Tax - Legal Beagles Consumer Forum

How many Liability Orders (LO) are in place. I have experience that Councils seem to be 'piggy backing' on to existing orders and that is not allowed. Their computer system seem to be one step away from being useless and as the Council are desperately trying to increase their revenue, this sort of action is going to increase in the future.

If the bailiffs take action (ie get into your house) on one LO then then they cannot use the previous LO in order to enter your property to collect another Debt.

DO NOT pay the Bailiffs, it is the Council who mangers the debt. The Bailiffs work as an agency of the Council and therefore all payments should be made back to Council. Nothing in the Regulations allows the Council to 'sell' the Debt to the Bailiffs

Hope this helps

Thank you this has been extremely helpful. However one last question and then I think I am clear. On the other LO (£554) that I agree I owe, I advised the Baliffs on the phone that I will pay in full next week. However, after speaking to the council, it appears that the amount owed to the council is actually £327. Should I tell the Baliffs that I am now paying the council direct for this amount, instead of them or, will I have to pay the extra £227to the Baliffs because I agreed to pay them?
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Good, ok, then they can charge for this visit and one other (maximum) if they have made another one.

I would seriously consider sending the SAR from the link I gave you to find out exactly what has been added, because it won't be just two visit fees.

ok thanks I will.

[Swingletree]

Re: Newlyn Baliffs

Thank you this has been extremely helpful. However one last question and then I think I am clear. On the other LO (£554) that I agree I owe, I advised the Baliffs on the phone that I will pay in full next week. However, after speaking to the council, it appears that the amount owed to the council is actually £327. Should I tell the Baliffs that I am now paying the council direct for this amount, instead of them or, will I have to pay the extra £227to the Baliffs because I agreed to pay them?
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ok thanks I will.

WRITE to the bailiffs if you want to but if it was me I would try to forget that approach and ONLY deal with the Council, it is Council 'debt', it is nothing to do with Bailiffs as such. Your 'business' is with the Council

Notice the word 'Write', far far better than telephone contact