Newlyn and outstanding charges

[solidgoldbrass]

Hi all, new to the forums.
I am having issues with Newlyn Bailiffs and I am beginning to think I might be able to tell them to get lost. I was late paying my council tax (I have been late before but always paid up eventually), the council sent in Newlyn Bailiffs. I have paid most of what they asked for but there is £100 or so outstanding which is apparently the bailiffs' own costs. The council are happy that they have all the council tax ( which is the council tax for the year 2011-2012 anyway so the last of it wasn;t even technically overdue).
However Newlyn keep hassling for money. I can't afford to pay them, I am embarking on a DMP at present (which they said they wouldn't accept).

From reading this and other forums I think they are charging me more than they should, or are trying to, and now that the council tax is all paid off, there isn't a lot they can actually do apart from pester.
Any advice gratefully recieved.

[Guest]

Re: Newlyn and outstanding charges

If the council confirms your liability is discharged then you dont owe anything. I wouldnt bother replying to their letters

http://www.legalbeagles.info/forums/...ad.php?t=32484 see point 3

If you are in the mood to making lots of noise about the bailiffs then this template letter clears it up nicely: http://www.dealingwithbailiffs.co.uk/#CTfeereclaim

If thats not enough, then get the bailiff brought to the nick and interviewed under caution:

The Criminal Investigation Department
[NAME OF POLICE AUTHORITY]
[ADDRESS AND POSTCODE]

[DATE]

Dear Sir,

REF: Reporting an offence under the Fraud Act et-al.

I received a visit from a man on [DATE] who said his name was Mr. [NAME OF BAILIFF] and he was a bailiff from [NAME OF COMPANY] collecting unpaid council tax of [AMOUNT] on behalf of [NAME OF COUNCIL].

I paid Mr. [NAME OF BAILIFF] the sum of [AMOUNT OF FINE+AMOUNT FEE AND COSTS] and he said I was liable to pay his fees.

Mr. [NAME OF BAILIFF] over-charged me with his fees and costs that not compliant with council tax enforcement regulations and charged for work he has not done. No costs have been incurred and no costs order has been made against me by a court.

I confirm

i) no goods have been taken (distress) by Mr. [NAME OF BAILIFF]
ii) no goods needed to be collected (redemption) by me
iii) Mr. [NAME OF BAILIFF] charged me a Head H fee
iv) I asked the bailiff company to repay the costs that were not incurred and fees that are not lawfully due but they failed to do so

I therefore bring this complaint as an offence committed under the Fraud Act 2006, where section 2 makes it an offence to obtain a money transfer by making a false representation as to the extent of his entitlement to charge fees and his costs without having a costs order.

I also bring this complaint as it is an offence under Section 40 of the Administration of Justice Act 1970 charge me costs under a pretence he has obtained a costs order, and all offences are arrestable offences under Section 24 of the Police and Criminal Evidence Act 1984.

I wish to make a written statement of complaint on a statement form, please
telephone me on [NUMBER] to arrange an appointment for me to attend the station. I am happy to help you in your enquiries and stand as a prosecution witness at trial.

Yours Sincerely


[YOUR NAME]
Enc. Copy your letter and reply from the council.
Bailiff document making the demand

[solidgoldbrass]

Re: Newlyn and outstanding charges

Thank you. I will send them the first letter, I think. I have suspected for a while that they were trying it on especially as the Web is full of stories of this particular firm's misbehaviours.
Cheers.

[solidgoldbrass]

Re: Newlyn and outstanding charges

Well I emailed Newlyn and asked for a breakdown of their charges. They sent me one, which includes a £43 levy vee and a £105 Attendance/Van fee.

They have not levied my belongings because I have never admitted them to my house. They did attempt to levy a car parked outside but I contacted them to point out that I don't own a car and they would be in trouble if they tried to sieze a car belonging to someone unconnected with me or my debt.

Can they try to charge the van fee? I have no idea whether they ever brought a van round. Or shall I just tell them that I;m not paying their spurious charges and they can either sod off or I will report them for fraud.

[ploddertom]

Re: Newlyn and outstanding charges

You will need to write to them again reminding them of their error and you expect all the associated charges will be removed forthwith, and replaced where relevant with any Visit fee - unless of course they have already charged these in which case they can charge no more.

[labman]

Re: Newlyn and outstanding charges

So, assuming they try to charge visit fees for the levy and the attendance fee, you should be looking for a revised bill of:

Visit 1 £24.50

Visit 2 £18.00

Total Owed £42.50

Unless you live in Wales, in which case say, and I'll post the fees up which are slightly less.

[solidgoldbrass]

Re: Newlyn and outstanding charges

Thank you. Actually, it looks like they owe me 22.50 because I have already paid the rest of it.

[seduraed]

Re: Newlyn and outstanding charges

right , are you good at getting blood out of stones? lol