invisible bailiffs !!!!!!!!!!!!!!!!

[Geeta Gordon]

seriously, do they actually exsist??????????? well not the ones that have been to my address...

i had an outstanding concil tax bill, that i honestly forgot to pay. I'll make the events as short as possible:

• letter arrived 15/3/12 from Newlyn Plc asking me to contact them immediately. rang 'em and was told it was council tax £376.44.
• Rang council to confirm. was informed that the debt was for £136.44 and had been passed to 'em on the 31st of January
• Called 'em back, was told the addidtional charges was for bailiff visits, and a levy. 22/2 knocked and left a letter, 6/3 knocked and left a letter, 14/3 did the Levy
• truth be know i have not received any letters and i have been at home, unemployed at the moment
• arrangment set in april, £53.00 to be paid 18/5, i broke it
• phoned them to make payment on wednesday 23/5 and was informed an additional £140 has been added as a bailiff had come back out to my property that day. i was at home, no one came
• i have cleared the £136.44 that i owed for council tax, but am not paying the outstanding £385 to 'em
• have written to 'em asking for a breakdown of costs, evidence of these invisible bailiffs that attended my property and understand the steps to follow, was just wondering if anyone else has experienced this company. am aware that the director was taken to court for misconduct
• i am not one to let things slip by when they are clearly unfair, and NO, they will not be stepping foot into my home, im considering contact watchdog about this company if the council do not resolve this

[cards down]

Re: invisible bailiffs !!!!!!!!!!!!!!!!

Unfortunately Bailiffs struggle telling the truth, I'm no psychologist but I'm guessing most are sad loners, who fabricate the stories just to keep their mono brain cell from rotting away. The last time I had contact with the said morons I swear I could hear one mumbling under his breath...... breath in...... breathe out...... breathe in....... breathe out. The good news is help is at hand and not to far away.

[bluebottle]

Re: invisible bailiffs !!!!!!!!!!!!!!!!

Unfortunately, most certificated bailiffs are trained by the Brothers Grimm of fairytale fame. A lot of what certificated bailiffs come out with would put them in the running for the Booker Prize for Fiction.

When you say the "director was taken to court for misconduct", was this misconduct whilst acting as a bailiff or as a company director? If the latter, do you know what the outcome of the hearing was, please?

Newlyns aren't exactly known for being above reproach. If anything, they are scumbags of the First Order. Try and get some straight answers out of them - highly unlikely - and definitely press them for evidence of their phantom visits. If you could answer the questions in the preceding paragraph, please, it would give an indication as to whether Watchdog is a viable option or whether regulatory or law enforcement agencies would be better.

[pepsie]

Re: invisible bailiffs !!!!!!!!!!!!!!!!

Sadly the scumbag tactic of hit and run seems to be spreading....Earlier this year a client of mine received through the post complete with royal mail frank stamp a Form 55 making the claim the seizure of his goods had taken place that day by a visiting field officer carrying out enforcement for the High Court.....at least he was visible, happy, smiling, chatty and ready to pick up and deliver presciptions to his customers in the outlying villages so lets have more of this type of HCEO...oh buggar it was the postman silly me...

Pepsie

Pepsie

[bluebottle]

Re: invisible bailiffs !!!!!!!!!!!!!!!!

In that particular case, was this HCEO's dishonesty brought to the attention of the High Court?

[pepsie]

Re: invisible bailiffs !!!!!!!!!!!!!!!!

No... but is was brought to the attention of the creditor who dealt with the matter by calling the Writ back and then made arrangements with the debtor to settle the matter in a way they both were happy with.

I must confess this gave me a chuckle, for a few days earlier I was reading an article by John Kruse and among the contributors to the article was Claire Sandbrook of Sherforce expressing disgust that enforcement companies employ people who do not follow the rules...it was a Sherforce Officer...... who had sent the writ I mention by post!!!!


Pepsie

[Geeta Gordon]

Re: invisible bailiffs !!!!!!!!!!!!!!!!

hey

he was acting as a bailff and the judge deemed him not fit & proper, his certificate was to be declared null & void.
received another letter today - Noitce Prior to Removal of Goods

[bluebottle]

Re: invisible bailiffs !!!!!!!!!!!!!!!!

Ask the council to provide you with documentary evidence (print out of email will suffice for now) that you have satisfied the CT debt. That puts the bailiffs in a much weaker position. As to what fees they can charge, these are set out in the Council Tax (Administration & Enforcement) Regulations 1992, Schedule 5, Regulation 45. The fees bailiffs are legitimately permitted to charge are -

1st Visit - £28.50
2nd Visit - £18.00
Walking Possession Fee - £12.00
Admin Fee Head - £24.50
Van - Reasonable Costs only

These fees are set by law. Bailiffs are not allowed to vary them as they see fit or slot in any others of their own. And they must be able to prove they have made any visits they claim they have made. It is all very well a bailiff writing in a file that he has made visits, as if evidence is subsequently furnished that proves otherwise, he and, potentially, the bailiff company and its management team are looking at charges of Fraud by False Misrepresentation (Section 2(1), Fraud Act 2006) and, possibly, False Accounting (Section 17, Theft Act 1968), also.

You might like to send Newlyns and, in particular, the Phantom Bailiff, a letter pointing out that you have evidence of non-attendance by them on the dates they claim and no levy. You should list these dates and that you and anyone else who was also at home can confirm non-attendance by the Phantom Bailiff. You also need to point out that claiming fees for visits that were not made and a levy that was not undertaken is an offence under Section 2(1), Fraud Act 2006 and carries a maximum penalty on conviction of up to 10 years' imprisonment. It also needs to be pointed out that both the bailiff and the management team can be proceeded against. You must give them the opportunity to furnish verifiable evidence of the alleged visits and levy. You must also include a provision that, in the event Newlyns and the Phantom Bailiff are unable to furnish verifiable evidence, they risk the matter being escalated to the Magistrates Court.

Escalating instances of bailiff fraud to the Magistrates Court is something I would not recommend unless every other avenue of resolution has been attempted and exhausted. I cannot emphasise enough that it is the very last resort when all else has failed and should never be taken lightly.

Unless the Phantom Bailiff and Newlyns management team are totally devoid of any commonsense and sense of probity, they should back away or at least start backing away when they receive the letter I have suggested. It's a type of "Stop It or Else" letter.

[Geeta Gordon]

Re: invisible bailiffs !!!!!!!!!!!!!!!!

Hi

I wrote a letter to Newlyns and sent it on the 24/5/12 as follows :


DearSir/Madam

Ioriginally wrote to you on the 16^th of April 2012. In this letter Ioutlined my concerns on how my debt, that had been passed to your company fromthe London Borough of Harrow had been dealt with. I called your companyyesterday to make a payment, to check the progress of my complaint and was toldthat there is a 28 day turn around on mail received, it has been over 28 daysthat my letter was sent and was then informed it will take another 5 days for aresponse to be made. So, I am writing again as I feel that my original letterhas been over looked.

Fromspeaking with the council and yourselves, the debt was passed over to you onthe 31^st of January 2012. I have had no correspondences from thistime up until a letter I received from your company dated the 15^thMarch 2012. I immediately contacted youand was met with a rather rude and abrupt Customer Services Representative, whowent on to say that while I made a phone call to the council to confirm thedebt with them, that she could not prevent bailiffs from attending my property.I found this a very unthoughtful approach. After speaking with the council, whoconfirmed that I owed them £136.44, I spoke back with your company. I was toldthat the total outstanding amount owed was for £376.44. Interesting,considering the amount owed to the council was for £136.44. I was told thatthis would be looked into and I would get a response within a week. I receiveda text on the 12^th of April asking me to contact you as you had newinformation. I called and was then informed that the additional charge of£240.00 was for your services to recover the debt. This was made up of apparentvisits from bailiffs on the following dates: Wednesday 22^ndFebruary, where a letter was posted, Tuesday 6th March, where another letterwas posted and Wednesday 14^th March, where a Levy report was taken.At no point did a bailiff ring my doorbell/knock, or leave a letter on any ofthe dates in question. Had they of done this I would’ve contacted youimmediately as I did when I actually received your letter dated the 15^thMarch, which was posted by Royal Mail. Surly a letter should’ve been sent to meinforming me that Newlyn PLC will be taking over the debt from the council inJanuary. I called yesterday to make a payment and to follow up on my letterdated the 16^th of April and was informed that a bailiff had attendedmy property that morning and the total outstanding amount was £385.00. I washome, my son was at home, and yet again nobody attended my home. I feel thatthe people that you are employing to make visits are not and are lying not onlyto me but to yourselves too.

Inmy letter dated the 16^th of April I have asked for evidence tosupport the bailiffs claims of attending my property on the 3 dates, where theyleft a letter and made a Levy report and now I want evidence that they actuallyattended my home yesterday, Wednesday 23^rd May 2012. I believe yourrepresentatives/bailiffs are claiming that they have made visits when infactthey have not. I want times that they apparently arrived to my address and allevidence that they have taken to support their claims. I have also written tothe council to inform them of how you are dealing with residents.
Ihave been in contact with the Office of Fair Trading and have been advised tosend copies of this letter to the London Borough of Harrow and The LocalGovernment Ombudsmen, which I am also doing.

Pleasehave this looked into immediately as it is very distressing for me.
Kindregards
Geeta Gordon

28/05 i received a letter as follows:

Date: 28/05/2012


(2121289)


-TOTAt OUTSTANDIN
*'⁹-"'*-^ANOTICE PRIOR TOREMOVAL OF GOODS

ARREARS OF:Council Tax DUE TO L B of Harrow

Removal Contractors and Bailiffshave now been booked and will be working in HAS 5JT

within the next seven days. As aresult of this action a minimum charge of £95.00 will be incurred.
Full payment of £385.00 is dueimmediately, payments can be made by cheque, postal order,credit or debit card or at the post office using transcash reference 1553518.
Telephone 01604 633001 TODAY to suspend bailiffaction and further bailiff charges.
Yours faithfully


NEWLYN PLC


PLEASE SEE REVERSE


TELEPHONE: 01604 633001IMMEDIATELY TO DISCUSS PAYMENT

Monday to FridaySam - 9pm & Saturdays Sam - 4pm

Newlyn PLC, PO Box 933,Northampton, NN1 9DX • Telephone: 01604 633001 Fax: 01604 621096

I phoned and was told to speak to a ben adams - the bailiff. My husband contacted him and we heard nothing until 15/08. A text message saying that Newlyn removal team booked due to broken arrangement to stop action contact ben adams. I phoned Newlyn 16/08 questiong where my reply to my letter was and what this text was about. They apologised, said that they will send one out and that I needed to contact the bailiff directly. My husband phoned him again.

I received the following letter yesterday:


Without Prejudice
MrsGeeta Gordon
NewlynRef: 2121289 Council Ref: 5353591
Dear Mrs GGordon



Friday 17^th August 2012



RE: London Borough of Harrow - Council Tax Debt

Thank you for recent correspondence, the contents ofwhich have been noted. We would like to apologise for the delay in issuing youwith a response.

We would advise you that NewlynPLC is working under the instructions of our client, London Borough of Harrowwho have issued a Liability Order on the 24^th August 2011 for non payment ofCouncil Tax. As Certificated Bailiffs we have been instructed to enforce the LiabilityOrder and can make charge for the administration and enforcement of theLiability Order as per The Council Tax (Administration and Enforcement)Regulations 1992 -Regulation 45 (As Amended).
Upon receiving instructions fromour client, a bailiff attended your property on 22^nd February 2012, 6^thMarch 2012 and 14^th March 2012. On each of the bailiff visits, noresponse was gained and letters were left each time asking you to contact usimmediately. The bailiff reports for each of these visits have been verifiedand authenticated as we have no reason to believe that they did not takeplace, however you need to supply us with substantial evidence that thevisits did not take place and we shall investigate this further.
It was on the 19^thMarch 2012 that you made contact with us regarding your outstanding debt and we thenliaised with our client regarding your debt and was advised that the balance owing was dueto you not being awarded council tax benefit for the full amount and the balance wasdue for which you are liable to pay. We advised you of this outcome when you called us on 30^thMarch 2012. Our call centre negotiator was correct in advising you that whilst youwere disputing this with our client, your file would remain live and bailiffaction will commence. Unless we are instructed to place a hold on your filefrom our client, enforcement action continues. The debt amount is for £136.44but you lost the right not to incur fees when our client, London Borough ofHarrow issued a Liability Order at Magistrates Court for non payment ofcouncil tax.

An arrangementwas set place for you on 10^th April 2012 for you to pay £53.77 every31 days starting on the 18^thApril 2012. We received your first payment on time but as we did not receive your May payment on time, your arrangementdefaulted and a bailiff re attended your property on 23^rd May2012 and it was following this visit that you made a payment of £83.67. You have been charged accordingly for the actionsthat have been taken to try and recover the monies owed for this outstanding Debt. We would also like to confirmthat we have received no previous correspondence dated 16^thApril 2012 from you as you have stated in your letter. This is the only letter we have ever received from you.I would urge you to contact the bailiff Mr Ben Adams on 07412307007 ashe is now dealing with your file.Failure to do so will result in further bailiff enforcement.I trust this clarifies all matters.
Yours sincerely

Holly Giles Administration Assistant Newlvn PLC

I spoke with the council today, regarding a final notice letter that i nvere received, they fobbed me off saying that the outstanding amount was sent out in a bill to me last year.
Also Ben Adams is certified at Liverpool Civil and family Court, I live in Middlesex.

I know I have to send another letter, can you help please?

[pepsie]

Re: invisible bailiffs !!!!!!!!!!!!!!!!

What goods did they list as having been levied upon? they have charged you for this but there is no evidence to the work being carried out!!!

Pepsie

[Geeta Gordon]

Re: invisible bailiffs !!!!!!!!!!!!!!!!

my point exactly. In my letter i asked for the levy report but they havent supplied one. I can pen a letter together but not sure if i will word it correctly

[pepsie]

Re: invisible bailiffs !!!!!!!!!!!!!!!!

do you have a copy of the letter you sent 16th April? have you written to the Council yet? would you like help to put the letter(s) together ?

Pepsie

[Geeta Gordon]

Re: invisible bailiffs !!!!!!!!!!!!!!!!

i have copied my letter and their letter above. yes i would like help please and no i havent written to the council, just spoke to them on the phone where they said that the amount outstanding £136.44 has been paid in full

[ploddertom]

Re: invisible bailiffs !!!!!!!!!!!!!!!!

The onus is on the Bailiffs to prove they visited and not for you to disprove. As they have failed to provide anything but a list of alleged dates and what they did I would turn to the Council as they are ultimately responsible for the any actions & charges their contractor may make. What you are looking for is a screenshot of your account for the relevant dates & copies of the paperwork they say they left. If they are alleging they have carried out a levy on your goods then it is a legal requirement they also leave a Notice of Seizure. It doesn't matter where the bailiffs Certificate was granted as it gives him the power to work anywhere within England & Wales.

[Geeta Gordon]

Re: invisible bailiffs !!!!!!!!!!!!!!!!

i will put a letter together and copy it here, could you have a look over it to see if i have missed anything?