Newlyn PLC attempting to charge for visits they haven't made

[stevieg1972]

Newlyn PLC ane attempting to charge me for 1st & 2nd visits £42.50. I did not receive anything from the bailiff corresponding to the dates that they claim to have visited. I have queried this with them and their reply is as follows: "Please can you forward in your evidence that these visits did not take place as you have stated as soon as possible. Please take note of my point that the legal onus is on you to prove these visits did not take place."

How can I provide evidence that something did not take place? I feel as if I am banging my head against a brick wall, I'm just going round in circles with these people at the moment!

Thanks in advance

Steve G

[Amy]

Re: Newlyn PLC attempting to charge for visits they haven't made

You are quite correct, it is impossible to prove a negative and what is more, the onus is not on you to prove anything.

If Newlyn expect to collect this fee, then it is they who must prove to you that they visited and given that they should leave you some paperwork each and every time a visit incurs a fee, would suggest that they did not visit you and instead are back-peddling at speed.

[Caspar]

Re: Newlyn PLC attempting to charge for visits they haven't made

They should have posted trhough your door to say they had visited. I would say the onus is on them to prove they did visit - they should have made a description of your house , colour of ront door etc...and have a screenshot of the same. I'd send back saying your proof is that you received no paperwork whatsoever, there was somebody in the house all day and nobody knocked the door or rang the bell. Can they please provide evidence they did visit?

Can they provide this (taken from the National Standard for Enforcement Agents):
Enforcement agents will on each and every occasion when a visit is made to a debtor's property which incurs a fee for the debtor, leave a notice detailing the fees charged to date, including the one for that visit, and the fees which will be incurred if further action becomes necessary. If a written request is made an itemised account of fees will be provided.

[Mrs James]

Re: Newlyn PLC attempting to charge for visits they haven't made

Hi Steve,

I'm currently going through the same, being charged for a visit that didn't happen. If there is a warrant I would suggest you ask to see it as they should have put the details of the visit on the Warrant.

The importance of seeing a copy of the warrant:
for Distress Warrants and Financial Arrest Warrants, the relevant contracts provide that where the bailiff has failed to make contact with you on a first visit (which of course attracts a fee!!), he is required to put through your letterbox, a letter with the time and date of his visit. He must also make a note of this letter on the Warrant (which will be in his possession) and to include on the warrant also: “any identifying marks of the address”…such as the “specific colour of the door” as proof that he made the visit!!!! This is most important when checking the bailiff’s fees.

[Amy]

Re: Newlyn PLC attempting to charge for visits they haven't made

If this is, as I suspect, for council tax then a Distress Warrant is not applicable.

[Caspar]

Re: Newlyn PLC attempting to charge for visits they haven't made

The fees would certainly appear to indicate it's a CT issue

[stevieg1972]

Re: Newlyn PLC attempting to charge for visits they haven't made

Thanks for you replies everyone. This is indeed for council tax, which has been fully paid and account is closed, as I have moved from the area. Newlyn are trying to collect their 1st and 2nd letter charges. I have disputed these charges with Newlyn and the Council, as the first I knew about things was a letter from Newlyn hand delivered attempting to charge £270 removal fee on top of the C/Tax. I will let you know how I get on. It took 6 Months to get them to cancel the van removal fee so I'm not expecting this to go any quicker!

[delta33]

Re: Newlyn PLC attempting to charge for visits they haven't made

i have same experience with Newlyn making up fees---seems they do this quite a lot. dont pay, the onus is on them to prove, besides if you have paid the council tax debt, bailiffs aren't allowed o enforce just to get their own fees............

p.s. this petition is against bailiff action for these sorts of offences--if you agree please sign:
http://www.petitiononline.com/dbcc33/petition.html

[Amy]

Re: Newlyn PLC attempting to charge for visits they haven't made

...besides if you have paid the council tax debt, bailiffs aren't allowed o enforce just to get their own fees............

They are actually. This is why the council must be involved from the outset. It is the council who is in charge, therefore, it follows that the council ultimately decide if the fees incurred are genuine or a work of fantasy.

[outlawlgo]

Re: Newlyn PLC attempting to charge for visits they haven't made

This is an excerpt from a formal complaint that highlights council's desperation to win arguments; though in so doing, digs itself in deeper.

What begins as an accusation of "phantom visits" soon becomes, by the Councils own admission, a breech of the Data Protection Act.

Council's response:

The first 2 Bailiff Attendances at your property:

You state in your letter that you did not receive any correspondence regarding these visits and believe that no such visits took place.

In our meeting we discussed the possibilities of the visits taking place and how the correspondence could have been left at your property.

You stated that the removal documentation was left in the hinges of the door as there is no communal post box and the only way to deliver mail would be either to call a neighbour to be let in or there are prescribed times when the door is left unlocked for the postman.

Knowing this about the property it is possible that that the visits did take place and the correspondence was left in much the same way. Although I agreed that this probably was not best practice, given the problems with entering the building it was reasonable to state that if the first 2 Bailiffs left their correspondence the same way then the visits had taken place. (Implying the first two documents had blown away or been picked up by a passer by)

I must remind you that given the security door to the building this was the most reasonable place at the time to leave the letters.

I am unable to uphold this part of your complaint as you are asking me to state that the visits never took place. Given that you had received other post further down the line from a visit it is reasonable to state that the same actions were taken for the first 2 calls.

Complainant's response:

The above is pure speculation and further proves that the Council’s formal complaints procedure is nothing but a sham. However, interpreting these statements give rise to further complications and depending what is believed there can be two possible answers.

i) The bailiff in fact made the alleged visits and was in breach of the Data Protection Act.

ii) The bailiff did not make the visits and attempted to defraud me of their fees.

I believe the bailiff in question also no longer works for Rossendales and is no longer a certificated bailiff from information I obtained from Burnley Combined Court. For this reason I’m sure you will be using this as your excuse to avoid tackling the issue.