Newlyn Bailiffs RE: Council Tax

[labman]

Re: Newlyn Bailiffs RE: Council Tax

Any response to post 14?

[cornish pasty]

Re: Newlyn Bailiffs RE: Council Tax

Any response to post 14?

Hi sorry,

No missed or late payments

[labman]

Re: Newlyn Bailiffs RE: Council Tax

You are under absolutely no obligation to deal with the bailiffs over Council Tax, as long as they have not gained a successful levy on anything inside, or outside your property as appears to be the case.

Alongside the formal complaint mentioned very early on by Pepsie, please also send the letter I linked to in post 14 so you can see where they think they got these charges from.

Finally, phone the council tomorrow and ask:

1. How many Liability Orders they have against you?
2. The dates they were obtained?
3. The addresses they were for?
4. The period of time each covers?
5. How much each one was for?
6. How much is still outstanding?
7. The dates they were passed on for enforcement?

In the meantime heed this advice:

http://www.legalbeagles.info/forums/...The-First-Time

[cornish pasty]

Re: Newlyn Bailiffs RE: Council Tax

I am going to pay the £79 outstanding in full to the council (if they will accept payment) when I get paid at the end of the month. Hopefully once the debt is cleared with the council, I can tell Newlys I don't owe the council anything and they will bugger off

[CleverClogs]

Re: Newlyn Bailiffs RE: Council Tax

I can tell Newlyns I don't owe the council anything and they will bugger off

They won't.

They'll still demand their "fees", despite not having even bothered to visit once.

[labman]

Re: Newlyn Bailiffs RE: Council Tax

I am going to pay the £79 outstanding in full to the council (if they will accept payment) when I get paid at the end of the month. Hopefully once the debt is cleared with the council, I can tell Newlys I don't owe the council anything and they will bugger off

In theory a sound idea, but beware. Before money goes to the council, the bailiff fees are paid, so it is quite possible the council will pass some of the money to the bailiff company, thus leaving you owing money still. This is why the breakdown is important.

In terms of the council possibly not accepting the money, pay online or via their automated telephone system.

[bizzybob]

Re: Newlyn Bailiffs RE: Council Tax

I am going to pay the £79 outstanding in full to the council (if they will accept payment) when I get paid at the end of the month. Hopefully once the debt is cleared with the council, I can tell Newlys I don't owe the council anything and they will bugger off

If the council refuse your payment at the counter which should include a first visit fee of £24.50, UNLESS the newlyn letter was in a Royal mail stamped envelope, ask the drone at the desk to sign and date a slip you have prepared earlier stating they cannot accept payment as it is with bailiffs etc. that refusal is unlawful as they cannot refuse a tendered payment by law, and will bite them on the bum later during any complaints lodged. pay the council online using the automated payment system, and print off a receipt.

[CleverClogs]

Re: Newlyn Bailiffs RE: Council Tax

Re-reading this thread made me wonder once more about the "fees" Newlyns claim are "owed".
Three possibilities may spring to mind:

1. A bailiff did visit and levied distress - but at the wrong address!
2. A bailiff made a "drive by" levy, in which he remained in his car and just noted down a registration number; as this is obviously invalid, he may have completed a Notice of Seizure but not bothered to serve it.
3. Newlyn has been contracted not merely to act as bailiffs but also as CT collectors too, as a sort of "poor man's Crapita"

[cornish pasty]

Re: Newlyn Bailiffs RE: Council Tax

Hey again

Bailiff (or rather guy in a white van) turned up this morning. Didn't answer the door (as I was in bed) but he posted the following letter through the door. Been to see the Council this morning to get answers. Though I did notice that this letter states that the Liability Order was issued in December last year but first we heard of it was Newlyn's letter last month.


Been in to the Council this morning. He spoke to a Dona Chippendale and asked the questions you said to ask. These are the answers given:
1. How many Liability Orders they have against you? 1
2. The dates they were obtained? Dec 5th 2012
3. The addresses they were for? Current (79 ??????)
4. The period of time each covers? 2012-2013
5. How much each one was for? £79
6. How much is still outstanding? £79
7. The dates they were passed on for enforcement? Jan 14th 2013
She also said there had been multiple calls to the house by Newlyn (according to their system) since January but this simply isn't true. There have been no visits, no calling cards, no letters or anything apart from the two we now have. The Council have said they will accept a payment of £79 to them at the end of next week and said they would notify Newlyn of this fact once it had cleared and provide us with a clear receipt. But they said we would then still be "in debt" to Newlyn for their charges.

Have sent the letter to Newlyns suggested about how the charges have occured, but how can we prove that these visits apart from the one today didn't happen, we are just being charges for events that never happened.

I also noticed that the first letter was addressed to me solely, whereas the one this morning was addressed to the three people that lived here at the time of the arrears.

I have no problem paying the arrears off as they were only incurred due to a mental health issue which prevented me from working for a long period, I have since recovered, returned to work and can afford to clear the arrears, but I am damed if I am paying inflated bailiff charges for thing that never occured.

Any further help would be much appreciated

CP

[labman]

Re: Newlyn Bailiffs RE: Council Tax

I'd accept that and pay Newlyns £42.50 which is what they can legitimately charge for their two visits (they can only charge for two). It's all done, dusted and behind you then.

Make sure you get receipts from both council and bailiffs.

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!

[CleverClogs]

Re: Newlyn Bailiffs RE: Council Tax

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!

More than they are by trying to charge £203.86 in "fees" or leaving a "Removal Notice" that, by saying "goods may be removed even in your absence", falsely implies that they have the right to enter by force?

[bizzybob]

Re: Newlyn Bailiffs RE: Council Tax

More than they are by trying to charge £203.86 in "fees" or leaving a "Removal Notice" that, by saying "goods may be removed even in your absence", falsely implies that they have the right to enter by force?

Bear in mind that that is not strictly true in all circumstances, if debtor has expensive garden furniture lying about like a patio set and one of those gas barbecues, a patio heater open wooden shed with petrol mower, he can remove those, or levy them, as he would not have to force entry to access them.

[CleverClogs]

Re: Newlyn Bailiffs RE: Council Tax

Bear in mind that that is not strictly true in all circumstances, if debtor has expensive garden furniture lying about like a patio set and one of those gas barbecues, a patio heater open wooden shed with petrol mower, he can remove those, or levy them, as he would not have to force entry to access them.

True but, to have levied distress upon such items, he would have needed to list them on a Notice of Seizure which he seems not to have done.

[CleverClogs]

Re: Newlyn Bailiffs RE: Council Tax

Dona Chippendale

With bona lallies?

[bizzybob]

Re: Newlyn Bailiffs RE: Council Tax

True but, to have levied distress upon such items, he would have needed to list them on a Notice of Seizure which he seems not to have done.

Yes he would have to list them and leave a notice at the premises, they usually forget to do this and later claim a levy.