Newlyn Charges

[Mrs H]

Hi guys sorry if this question has already been asked but I need your help, as follows. I had 3 liability orders for Council Tax, which were passed to Newlyns. I have now paid them off direct to the council about 4 months ago and the only thing outstanding is the bailiff fees.

After many many letters, I have finally got a breakdown from Newlyn of their charges and here is the problem.

1. They have charged me 3 x levies of £41 each on a vehicle that does belong to me, all on the same date
2. They have charged me an Attendance Fee in addition, for a visit on the same date that they charged me the levies.
3. Every time I receive a letter from them in reply to mine, the numbers change. So I am not actually sure what amount I owe.
4. They won't give me the name of the Baliff, as in their words, they think I would be using it for "mischief".

Can anyone suggest my next steps or, give me advice on how to deal please.

Thanks

[CleverClogs]

Re: Newlyn Charges

Hi guys sorry if this question has already been asked but I need your help, as follows. I had 3 liability orders for Council Tax, which were passed to Newlyns. I have now paid them off direct to the council about 4 months ago and the only thing outstanding is the bailiff fees.

After many many letters, I have finally got a breakdown from Newlyn of their charges and here is the problem.

1. They have charged me 3 x levies of £41 each on a vehicle that does belong to me, all on the same date
2. They have charged me an Attendance Fee in addition, for a visit on the same date that they charged me the levies.

That seems to be a bit naughty. I believe it may be unlawful for them to do that.

3. Every time I receive a letter from them in reply to mine, the numbers change. So I am not actually sure what amount I owe.

It rather suggests that they don't know, either.

I am not even sure that you actually owe them anything other than, perhaps, your undying gratitude for an object lesson in the rapacity of their variety of Untermensch.

4. They won't give me the name of the Baliff, as in their words, they think I would be using it for "mischief".

Rather than them seeking to conceal it to cover up his mischief?

Does his name not appear on the walking possession agreement(s), for which they are trying to claim £123?

If it does not, the levy may have been invalid.

Can anyone suggest my next steps or, give me advice on how to deal please.

Write to the CEO of your local council and to the revenue officer, with copies sent to your local councillor and your local MP, advising them of Newlyn's antics and reminding them that the council may be held to be vicariously liable for the actions of the agents and companies it engages or instructs.

[Mrs H]

Re: Newlyn Charges

There is no walking possession agreement - not one that I have seen or signed anyway. Every time I receive a letter from them it's a new name. I really believe they do not know what they are doing.

Thanks I will write the council.

[WendyB]

Re: Newlyn Charges

Have a read of The Bailiff Guide in the stickies at the top if this forum. Sorry I can't do a link at the moment.

[Caspar]

Re: Newlyn Charges

CC - I usually play this slightly differently. I'd write to the Head of Revenues first asking if he condones the fees. Often he says yes as they're keen to be seen to be backing the bailiffs. Next write to the CEO apologising, but explaining that the Head of Revenues is laying the council open to litigation under their vicarious laibility and clearly does not understand the law.

Same horse, different jockey. Just digs a hole for the Head of Revenues to fall in then dumps the soil into the hole on top of him.

OP Schedule Five of the Council Tax (Administration and Enforcement) Regulations 1992 set out the basis for the law. There have been updates for fees (see thread Information under bailiffs tab for up to date link - if you live in Wales, these are slightly wrong)

[WendyB]

Re: Newlyn Charges

It doesn't matter if the CEO condones the fees or not - the bailiff can only charge (and expect to recover) those fees which are lawful as set out in schedule 5. Write to the bailiffs disputing any unlawful fees, and only pay the legitimate ones. Newlyns cannot refuse to give you the name of the bailiff, by law he should carry ID at all times and produce it when asked. They must also give you his/her name so that you can check whether or not the bailiff is certificated.
Now that you have the breakdown of fees sort out which ones are legitimate, then write to Newlyns disputing the others. Copy this letter to the council and remind them of their vicarious liability.

Here is the link I mentioned earlier Bailiff Guide - Legal Beagles Consumer Forum

[Caspar]

Re: Newlyn Charges

I've known a few cases where if the Head of REvenues condones the figures and you then write to the CEO, they pay the bailiffs' charges on your behalf in order to avoid litigation. That's why I suggested that.

You are absolutely right that only lawful charges can be recovered anyway.

[Amy]

Re: Newlyn Charges

What you need to do is have a read of my guide Bailiff Guide - Legal Beagles Consumer Forum and send the Subject Access Request letter contained within it.

Whilst it is commendable to ask nicely, you'd be better off doing it formally by way of a SAR.

Furthermore, when a request is made for the name of the attending bailiff, they cannot refuse to provide this information.

[ExBailiff31]

Re: Newlyn Charges

You state that they have levied a car that is not yours, do you know who's car it is or is it just a blag to try and get you to pay (which I have to say sounds the more likely) They can charge x3 levy fees and x3 walking possession fees but cannot charge for the visit that they were on at the time that they levied, and can you tell me if on the levy form the break down of charges includes the fine owing to the council or not?
if it doesn't then i would suggest that the Bailiff is trying to recover fees from a case that has been discharged if this turns out to be the case DON'T PAY IT as you're not liable you would only be liable if he levied PROPERLY before you paid the council direct.
if the car turns out to be your partners for example they cannot remove it for your debt provided the debt is in your name only as Bailiffs can only remove property belonging to the debtor and if its just a random vehicle then don't worry anyway

[Mrs H]

Re: Newlyn Charges

Thanks for your advices.

The car is my next door neighbours. Nothing to do with us. The breakdown does state the council tax amounts but one of these keeps changing depending on the letter, as I said before. Are you saying that they cannot charge for an attendance fee and levy if they came on the same day??

[CleverClogs]

Re: Newlyn Charges

Newlyns cannot refuse to give you the name of the bailiff, by law he should carry ID at all times and produce it when asked. They must also give you his/her name so that you can check whether or not the bailiff is certificated.

Furthermore, when a request is made for the name of the attending bailiff, they cannot refuse to provide this information.

Regardless of what the company "cannot" do or, more pedantically, should not do...

... they have done it.

It's not the first time a bailiff company has taken to playing this variation of Silly Buggers and, until the Ministry of Injustice finds its official, finger removing implement and jumps all over a bailiff company for playing at Silly Buggers (or the European version, les Bougres Folles) one might expect other companies to do likewise.

[CleverClogs]

Re: Newlyn Charges

The car is my next door neighbours. Nothing to do with us.

Where was the motor-car parked when the daft numpty tried to levy on it?

At some risk of adding to my notoriety for the use of this (unreported) precedent, one might wish to refer Newlyns to the celebrated retort in the 1971 case of Arkell v. Pressdram ----> link

[The Debt Star]

Re: Newlyn Charges

PMSL CC. Thanks for that.

[Mrs H]

Re: Newlyn Charges

Not sure where it was, I don't have a drive so I can only assume it was parked on the road either outside my house or in the vicinity.

[ploddertom]

Re: Newlyn Charges

Thanks for your advices.

The car is my next door neighbours. Nothing to do with us. The breakdown does state the council tax amounts but one of these keeps changing depending on the letter, as I said before. Are you saying that they cannot charge for an attendance fee and levy if they came on the same day??

Have you told them the car is not yours & that therefore any Levy Fee & all associated charges should be removed? The chances are they will reply and insist you prove you don't own the vehicle in question.

There are 2 ways round this:
1 - depends on how well you get on with your neighbour - tell him what has happened & ask he puts in a 3rd party claim. They will probably make him go through hoops.
2 - ask them nicely to remove the fees as said above but make sure you send a copy of the letter to the Council asking it be put on your file. When they then refuse you write to the Council giving them 7 days to sort it or you will file a regulation 46 Complaint in the Magistrates Court where the Council will be named as Defendandant.

Light blue touch paper and retire.

PT