Newlyn letter retrieved last week

[Charlieh87]

Hi all,am new to this so not sure if I'm posting in the correct place,apologies if not!ill try and keep this as brief and simple as possible!

I recieved a notice of seizure letter from newlyn dated 01/12/2011 sent to my old address (I have been registered at a new address for approx 8 months now) only managed to get hold of it as was passing and decided to ask if there was any post!this was the Only letter there!it was for a contravention dated 19/3/2011 which was originally issued by harrow council!i knew about the fine but sent a stat dec as it was for £187 and I had not recieved the original letter stating the original fine,harrow council replied with an out of time form which I filled out and sent back,I then never heard anything else and tbh what with moving completely forgot!my car was sold in November and have the paperwork to prove this!i immediately rang newlyn stating they had the incorrect address but I was willing to pay the £200.14 (£187 penalty charge and £13.44 fees) they then proceeded to tell me the fine was now £607.24,I was shocked as it was not my fault it was sent to incorrect address!i paid £50 there and then and after much deliberation was told I had to pay the rest in 2 instalments!i then asked them to send me a breakdown of the fees they were charging me,which consisted of

Council debt £187.00
First letter £11.20
Enforcement fee £145.00
Visit fee 1 £56.00
Visit 2 £67.00
Visit 3 £71.00
Card payment £1.46
Vat £70.33
Total £608.99
Paid £51.75
Outstanding balance £557.24

I have told them I cannot afford the payments they are requesting but they would not budge on a payment plan! There have been absolutely no other letters of when they apparently visited on 3 deprecate occasions nor has the current occupier seen or spoke to any bailiff!i am wondering where I stand as I haven't been registered at this address for so long and neither has my car (sold and name transferred in November,original and only letter ever recieved from newlyn was dated December)

I apologies if I have rambled on and not made any sense just wanted to get everything down!

I would greatly appreciate any help or feedback!
Also posted in newbie section!

[labman]

Re: Newlyn letter retrieved last week

When you say 'contravention' what exactly was it? Was it a Penalty Charge Notice or what?

[Lord_Alcohol]

Re: Newlyn letter retrieved last week

I think the 'enforcement fee' is the charge that can only be made when the bailiff SUCCESSFULLY removes cash or goods - it can't be charged when that doesn't happen.

http://www.bailiffadviceonline.co.uk..._examplect.htm

So if they have charged you this amount (£145) but haven't successfully taken anything then they are attempting to obtain expenses without having incurred them, which is illegal.

The visit fees are all wrong as well, unless they are doubling up with a previous CT debt.

This should give you some ammo if you complain to the bailiff and/or the council.

LA

[labman]

Re: Newlyn letter retrieved last week

We need to know what the contravention was first though. The post suggests a PCN, not a CT bill. We just need clarification, as the fees are totally different for the various offences.

[Charlieh87]

Re: Newlyn letter retrieved last week

It was for a pcn sorry for confusion!and no goods have been taken,they have never even been to the Correct address,as for my old address there have never been any letters or notes to say they have been,not has the current occupant ever seen or spoke to a bailiff!

Thanks for ur posts I really appreciate all the help I can get!

[labman]

Re: Newlyn letter retrieved last week

Hi,

Thanks for the clarification.

I'm not 100% sure as you have already had to fill one in, but I'd try filling in another Statutory Declaration, Out of Time (Phone 08457 045007 for the form). Keep a copy and show it to the bailiff as evidence. This should stop further enforcement action for the moment. The TEC will then notify the Local Authority who will have 19 days to accept or reject the application. If accepted, the court order will be revoked and it goes back to the LA to decide what further action they wish to take. If rejected, it goes to a Court Officer at the TEC for an impartial decision.

Your grounds are pretty clear:

1. Communications being sent to incorrect address.

2. Refusal of bailiff company to accept you had moved and this was relevant to the amount of the fine.

3. What is the Enforcement Fee of £145 and where in the regulations does it say this can be charged?

4. No letter received so fee of £11.20 is unlawful.

5. Visit 2 and visit 3 fees incorrectly calculated.

6. VAT incorrect due to the above.

7. Points 3 - 6 make all bailiff fees unlawful and invalid.

plus anything else you can think of.

Any developments, post up! :beagle:

[Charlieh87]

Re: Newlyn letter retrieved last week

Thank u for ur reply,I already have statutory declaration out of time form so I will fill it out and send it to the TEC (keeping a copy for my records)

I also asked newlyn for the name and certification number of the bailiff who allegedly visited the wrong property on the 3 occasions along with the times and dates,they refused and said I had to put it in writing and send it to them,is this what the SAR form/ template is,or shall I simply write my own? I am also wondering how I would back up my claim that the amounts for visits 2 and 3 are incorrectly calculated? And that an enforcement fee is not stated in the regulations?i have yet to find any guidelines on fees for certificates bailiffs in the case of a PCN!

I apologise again for all the questions and long post but am very greatful of your help.

[labman]

Re: Newlyn letter retrieved last week

This letter may help:



From:
My Name
My Address

To:
Acme Bailiff Co
Bailiff House

Ref: Account No: 123456

Dear Sir

With reference to the above account, Can you please provide me with a breakdown of the charges.

This includes:
a - the time & date of any Bailiff action that incurred a Fee.
b - the reason for the fee.
c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.
e - the date of the Certification.

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.




For fees on a PCN they are allowed to charge 28% on the first £200 (minimum charge £28)


5.5% on any sum over £200


£11.20 for sending one letter


They can charge for a maximum of three visits (obviously with the fine increasing the 28% of the fine will increase)


See:


The Traffic Management Act 2004


The Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993
Updated by:
The Enforcement of Road Traffic Debts (Certificated Bailiffs) (Amendment) Regulations 2003

[Charlieh87]

Re: Newlyn letter retrieved last week

Thank you so much for your help,I will send the letter today and take it from there!
I will post with a response or if I require more help (I'm sure I will)

Thanx again

[Charlieh87]

Re: Newlyn letter retrieved last week

Hi again,been a while since I last posted but after sending the letter advised above I recieved 2 letters saying they were dealing with matter and would respond in due course. I have finally recieved a letter today basically saying that they awaiting confirmation from London borough of Harrow to confirm the correct address,they are also saying because they have already provided a breakdown of fees on 9th March and as no further fees have been added they will not send another one! I also asked for times,dates,names and cert numbers of the baillif (s) who apparently visited the property to which they have replied by saying 'we conducted three bailiff visits to this property leaving letters at the time of the visits.....we are unwilling to provide the bailiffs name and court details at this time as we believe this request to be vexatious and unnecessary'
All they have provided me with in correspondence to my letter is a brief explanation of charges saying

First letter : for preparing and sending a letter advising the debtor that a warrant is with the bailiff and requesting the total sum due

Visit fee: charge for a visit to your property

Enforcement fee: this is the charge for our bailiffs to attend your property or to locate your vehicle in order to enforce the debt. This is agreed upon and contracted with our clients as to how much is charged and when it can be applied.

I apologise if this is a little confusing,I just need some help as to where I stand now. I am assuming that the council will confirm that infact they had the incorrect address and therefore the fees to be removed and the process to start again but I have no trust in either organisation so any help would be greatly appreciated!

Thank you

[labman]

Re: Newlyn letter retrieved last week

Wait and see what the council say for the moment. The bailiffs are being unnecessarily unhelpful, but that's bailiffs, we can sort them out later if the council response is equally unhelpful. :beagle:

[Charlieh87]

Re: Newlyn letter retrieved last week

Ok will do,thanx again for your help.