Newlyn fees

[Ashzbie]

I found a letter in a communal area of my flat on Wednesday morning saying that my car had been seized for not paying my council tax and I had 5 days to pay or it would be sold. I don't owe a car, and the letter was dated May 3rd with the council passing my information to them in October.

I went to the council drives who confirmed that I owed nothing on my council tax. I had set up a payment plan in October due to being off work due to sickness with full payments finalised in April. They called Newlyn and confirmed that I owed them nothing. It appears that my non payment information has been passed on in error by the council.

Newlyn are trying to charge me £219.19 for 2 visits (which I knew nothing about - I have had no correspondence from this company before this week where I found this letter on the floor by the communal front door), and for a visit with a van to remove my property. The council are saying this is my issue to deal with from here and I should "probably pay it just to get it gone".

I then went to the CAB who have confirmed with the council my patent plan and when the full balance was paid off. It appears that I was 1 week mate in Feb with a payment and they have passed my information onto Newlyns and that they take no responsibility for action that they take.

i'm a bit lost as to where I go from here. The CAB have requested a breakdown of the fees so we can see what they are trying to charge me for.

From what I understand from reading some threads - I can't be charged for a levy on a car that's not mine and without prior notice?
I've been visited (apparently) on a Sunday.
I've had no information from the council, courts, or Newlyns that any action was being taken against me!

i suffer from terrible anxiety and I've not slept since Wednesday. I've been physically sick with worry about this whole situation. The cab asked Newlyns to halt any further action until we had the breakdown of fees and they said they'd do no such thing and came two times yesterday! Once in the afternoon and once in the evening.

I think I just want some reassurance that I won't have to pay these fees because the whole situation is ridiculous. I can understand that I might have to pay for a visit because I breached the verbal agreement I made by being a week late, but surely I should have had some information sent to me from the council?

[wales01man]

Re: Newlyn fees

Why should anyone pay a fee levied on a car they dont own?

[Ashzbie]

Re: Newlyn fees

Well exactly. Apparently, I'm to prove it's not my car. "Can't just take your word for it haha". I told them they can do what they want with it, and they backtracked and said they used the car as an example of what they would take.

The whole thing is ridiculous.

[wales01man]

Re: Newlyn fees

You need to wait on here for some excellent advice from other LBers who know bailiffs and their games inside out

[bizzybob]

Re: Newlyn fees

One put Newlyn AND the council on strict proof of what is on the levy, the bailiff should check with DVLA the detauils of a vehicle they are seizing, if indeed the numpties removed it and the owner reported it stolen, it would not look good on them, As the vehicle is not yours the levy and all associated fees MUST be removed. All they are entitled to is a first visit fee of £24.50. Send in a Formal complaint to the council Head of Revenues and CEO, reminding them they are vicariously liable for the unlawful levy of their agent Newlyn, and that the LGO found Blaby Council and their bailiff Rossendales to have acted unlawfully on this very thing.

[Ashzbie]

Re: Newlyn fees

I've had two letters from newlyn over the weekend.

One to confirm the original debt is removed and one to state I owe them £219.60 in fees.

The breakdown they have given me is as follows;

24.50 visit fee 1
18.00 visit fee 2
24.50 sch 5 head h (I have no idea what this is?)
120.00 attendance to remove (a car that's not mine)
32.60 levy fee (as above)

I've been taking everything I have received to the cab to add to my case. Am I best continuing to do so?
More should I start my own correspondence?

[CleverClogs]

Re: Newlyn fees

I've had two letters from newlyn over the weekend.

One to confirm the original debt is removed and one to state I owe them £219.60 in fees.

Nonsense - you do not owe them anything, as the stupid turnip-heads employed by the council sent your details for enforcement when it was already being collected.

I've attached a file to explain what fees they may charge, but you're not really liable even to pay for the visit fees. The "head h" fee was meant to be a sort of "wasted time" fee but, as none of your goods had ever been seized, that's invalid. Likewise, the levy fee is invalid, as is the "attendance to remove", which latter is also fatuous as the vehicle used by the bailiff could only be used to remove the motor car if the bailiff had used a Shrinking Ray Gun from the planet Kwacko.

[bizzybob]

Re: Newlyn fees

None of the fees are valid, at most £24.50 for a visit fee, but even that may be void.

[labman]

Re: Newlyn fees

My first action would be to write to the Head of Revenues of your Council, with a copy to the CEO, asking them to cease all enforcement action on the account with immediate effect, and state that you are paying an agreed repayment plan.

As I assume all exchanges so far have been via telephone, I would ask them to confirm in writing that you have an agreed repayment plan in place, and ask why they felt minded to pass the account on for enforcement when you were already repaying the debt.

I would not get involved in any exchanges with the bailiffs at this point, short of writing and telling them to put all action on hold as you are disputing this with the council. Do not talk to them, and certainly do not let them into your property under any circumstances.

The council really ought to withdraw this from the bailiffs if you missed just one payment to them. If they don't, please post up again with a redacted version of their response.

Letter 4 here:

http://www.legalbeagles.info/forums/...Useful-Letters

should give you a good start for your letter. With a little adaptation it would be fine.

Personally I believe all fees to be invalid as the council should not have passed the debt on to the council. I would assume it was erroneous.

[CleverClogs]

Re: Newlyn fees

My first action would be to write to the Head of Revenues of your Council, with a copy to the CEO, asking them to cease all enforcement action on the account with immediate effect, and state that you are paying an agreed repayment plan.

The OP has paid off their CT - the payment in February was just a week late and, for that, the turnip-heads in the tax collection department sent it out for enforcement when it was still being paid off, and have since tried to deny any responsibility.

Not surprisingly, the Newlyn website contains the untruth that the right to pay the council was lost when the matter went to court. Please see the attached file.

[labman]

Re: Newlyn fees

Apologies - my mistake!

In that case, as long as there is no valid levy in place and the debt has been repaid you should have to pay nothing. You have no obligation to deal with bailiffs over Council Tax, and as long as they never levied anything of yours, then all you should have to pay are the first and second visit fees (£42.50) - that's it. Even then, they have to leave 'a calling card' so you know they've attended.

I'd still be inclined to write to the Head of Revenues asking him to confirm the fees are correct as per the letter linked above. If he confirms they are, then you can drop him / her right in it with the CEO of the council reminding him of their vicarious liability.

[bizzybob]

Re: Newlyn fees

The OP has paid off their CT - the payment in February was just a week late and, for that, the turnip-heads in the tax collection department sent it out for enforcement when it was still being paid off, and have since tried to deny any responsibility.

Not surprisingly, the Newlyn website contains the untruth that the right to pay the council was lost when the matter went to court. Please see the attached file.

What about this gem at the bottom of the page you showed?

"I am too scared/embarrassed to speak to Newlyn bailiffs.
Don’t be scared, we are a professional company and remember you can pay your debt in full on line Click Here."

What if debtor can't afford to pay you and your possibly dodgy fees then, will you be nice to the debtor??????

[Ashzbie]

Re: Newlyn fees

I've had another letter today.

This time addressed to "the occupier" and marked as private and confidential. The letter asks for information about how long I've lived at the address, council tax reference information, and previous tennants forwarding address!

The cab have told me not to write a letter yet, and to let them deal with the process? I'm just a bit concerned that it's been nearly a week since this has "exploded" and I don't want it to snowball anymore.

[labman]

Re: Newlyn fees

Perhaps you ought to contact the CAB and ask what they've done.

[CleverClogs]

Re: Newlyn fees

Perhaps you ought to contact the CAB and ask what they've done.

One must hope they've not put OMF on the case.