Newlyn Bailiffs RE: Council Tax

[CleverClogs]

Re: Newlyn Bailiffs RE: Council Tax

Is it me, or does this look like a 'home grown' liability order? I don't think this is from the Magistrates, Court, nor am I sure it actually mentions everything it should. Any thoughts folks?

I would say that, regardless of the mention of Council Tax, it looks like a demand for money reinforced by the menace of breaking into the house of the alleged debtor and removing his goods and chattels.

The Council Tax has been paid to the council. The only debt alleged to remain is for the bailiffs' lawful fee(s) and their apparently bogus fees - a levy that had not been made and "attendance to remove" unspecified goods that had not been levied.

Add to that the (not insignificant) detail that - especially when no goods have been levied - it would be unlawful for any bailiff to force entry or break into residential property to remove goods in the absence of the householder.

Have those numpties ever heard of the CIVEA "Code of Conduct" - link - or do they just think it doesn't apply to them?

[Inca]

Re: Newlyn Bailiffs RE: Council Tax

It doesn't look like any of the myriad of LO's that used to fly through my letterbox Labs.
It looks 'home made'.

[bizzybob]

Re: Newlyn Bailiffs RE: Council Tax

OP should attack the council with a Formal complaint with a copy of the LO attached reminding them they are 100% liable for anything Newlyn does

[ploddertom]

Re: Newlyn Bailiffs RE: Council Tax

Is it me, or does this look like a 'home grown' liability order? I don't think this is from the Magistrates, Court, nor am I sure it actually mentions everything it should. Any thoughts folks?

Liability Order? Unless I've missed something that says Removal Notice.

[CleverClogs]

Re: Newlyn Bailiffs RE: Council Tax

Liability Order? Unless I've missed something that says Removal Notice.

Exactly.

Just what are they legally permitted to remove in the absence of the householder, given that no goods have been seized?

[cornish pasty]

Re: Newlyn Bailiffs RE: Council Tax

Thats for all the help guys.

I sent the letters of complaint as advised with all parties cc in there and offered the £42.50 to Newlyn, which is what you advised is all they can legally claim.

They won't likely reply for another 10+ days though. I won't answer the door though (never do) and we have secured the side gate since they threatened to come last time so they won't even be able to get around the back without using force, which you say they cannot use.

Will have to play the waiting game now to see who replies first, newlyns or the council.

I have no problem paying their legitimate fees, but I am not being ripped off.

[labman]

Re: Newlyn Bailiffs RE: Council Tax

Personally I'd pay the £42.50 to the council stating they are the legitimate fees and let Newlyn or the council come back to you. Your debt is cleared then. Don't offer it, pay it, but to the council to pass on.

[cornish pasty]

Re: Newlyn Bailiffs RE: Council Tax

Today I had replies from both the council and newlyn's after making the formal complaint to both.

Basically the council say its all legal and they have passed the complaint to newlyns and newlyns say its all legal you own £200+

So no futher on.

[bizzybob]

Re: Newlyn Bailiffs RE: Council Tax

With regard to the ATR and levy fee, what do the bailiffs claim to have a levy on, and did they leave a Notice of Seizure listing goods at te time? If not they are chancing it.

[cornish pasty]

Re: Newlyn Bailiffs RE: Council Tax

With regardd to the ASTR and levy fee, what do the bailiffs claim to have a levy on, and did they leave a Notice of Seizure listing goods at te time? If not they are chancing it.

I have no idea, they have left nothing other than what has been attached to this thread since it was started

[labman]

Re: Newlyn Bailiffs RE: Council Tax

It may also be worth phoning 0845 4085302 between 10am and 4pm stating you've checked the online certificated bailiff register after receiving a Removal Notice, but the name Reg (I assume Reginald) Austin does not appear on there. If they don't have a record of his certification, then go back to Newlyns and ask at which court he was certificated. If they are using un-certificated bailiffs they are in trouble!

Firstly, did you do the above - if not, you need to.

Secondly, the explanation from Newlyns is totally unsatisfactory. You have had no Notice of Seizure which much be left if they carry out a levy.

As no levy has taken place, there is nothing to remove, so no other fees other than the first two visits. Technically, if they didn't leave paperwork for that, you are not liable for those fees either, but personally, I'd give them the benefit of the doubt there.

You need now to pursue Newlyn's complaints procedure which you will almost certainly lose. You then escalate to the council.

Once you have a copy of their procedure, let us know what it says, and we can help you follow it correctly.

Don't forget to follow up the bailiff certification issue - it could prove very important.

[ploddertom]

Re: Newlyn Bailiffs RE: Council Tax

Today I had replies from both the council and newlyn's after making the formal complaint to both.

Basically the council say its all legal and they have passed the complaint to newlyns and newlyns say its all legal you own £200+

So no futher on.

What you have is what I would have expected & imagine the Council letter was written by Newlyn anyway, strange how they always say the same. In my view they have played into your hand and may have a problem extricating themselves from the hole they have dug. I'm pushed for time at the minute so may be a couple of days before I can devote the time to a comprehensive answer, but for now will follow with interest.

[bluebottle]

Re: Newlyn Bailiffs RE: Council Tax

If I may make an observation, if Newlyns do not have any right in law to make the demands they are making, using the threats they have as a means of enforcing the demand, whoever was responsible for sending the Removal Notice could be in very serious trouble indeed. It is a criminal offence to make an unwarranted demand and, at the time of doing so, using menaces (threats) as a means of enforcing the demand. It carries a substantial custodial sentence on conviction. The demand may also be fraudulent, so you may have offences of Fraud by False Misrepresentation and Making An Article for Use In Connection with Fraud, also. The management of Newlyns as well as the company could be in trouble as well. If a Local Government Officer has stated, in writing, that Newlyns have done nothing wrong, they, too, could be in trouble, as it could be argued they are aiding and abetting an offence or, at the very least, are an accessory to an offence or offences.

[bizzybob]

Re: Newlyn Bailiffs RE: Council Tax

If the council are backing newlyn and the fees are dodgy, therefore fraudulent then as BB says they could be for the big house, if plod can be bothered to investigate the crime.

[cornish pasty]

Re: Newlyn Bailiffs RE: Council Tax

What you have is what I would have expected & imagine the Council letter was written by Newlyn anyway, strange how they always say the same. In my view they have played into your hand and may have a problem extricating themselves from the hole they have dug. I'm pushed for time at the minute so may be a couple of days before I can devote the time to a comprehensive answer, but for now will follow with interest.

Thanks for your reply, I hope you can find time at some point to assisst. Much appreciated as is all the responses received.