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Newlyn Bailiffs RE: Council Tax

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  • #46
    Re: Newlyn Bailiffs RE: Council Tax

    Originally posted by CleverClogs View Post
    They may think they are and, due to the way the Form 4 process has been twisted and broken, they may actually be immune.

    But Coventry Council isn't - and they are vicariously liable for the misdeeds of the buggers they appointed.
    But how do you bring them to book?
    The bailiffs will have a boom industry with the welfare reforms, same as they did with maggies poll tax. If you or me tried to obtain money by the methods used by these so called legal companies, with be shut down , assests frozen and be in front of the beak, but when you in the council's money train, then you have Camerons immunity

    Comment


    • #47
      Re: Newlyn Bailiffs RE: Council Tax

      Originally posted by cornish pasty View Post
      But how do you bring them to book?
      Essentially, you don't!

      The first step is to make a formal complaint to the Head of Revenues and/or the CEO of the council, stating that the bailiff(s) from Newlyn plc have
      1. sought payment for a levy of distress that seems not to have occurred,
      2. sought payment for "attendance with a van" to remove goods that had not been levied or seized
      3. made a threat to remove goods in your absence, presumably by breaking into your house, which threat grossly exaggerated the lawful powers of a bailiff.

      Enclose the reply from Newlyn plc and the threat to "remove goods in your absence". Suggest that an appropriate remedy would be to tell Newlyn plc to cease any and all enforcement action and to waive all their fees.

      Add that if the matter is dismissed out of hand or if the response is to uphold the fees improperly demanded, you will take the matter to the Local Government Ombudsman. (link)

      Comment


      • #48
        Re: Newlyn Bailiffs RE: Council Tax

        The letter they have sent you is not complete and could therefore be construed as mis-leading. They have not listed any dates on which the charges have been applied. You made a simple request for the Bailiff's name & Certificating Court as you need to check his Certificate was current at the time the charges were applied. It is not good enough they dismiss this as vexatious. They are obviously hoping they have provided enough to satisfy you you and you will simply go away.

        As I find the whole letter obstructive I would refuse to deal with the Bailiffs anymore & as others have said drop this firmly back into the Councils lap for them to sort. They will most likely end up backing the Bailiff as that is the norm & this then gives you the opportunity to take it further. Unfortunately none of this is an overnight solution and is probably designed to wear you down but with perseverance you should get what you want.

        Comment


        • #49
          Re: Newlyn Bailiffs RE: Council Tax

          Thanks everybody, I will get on to the council again

          Comment


          • #50
            Re: Newlyn Bailiffs RE: Council Tax

            Get your local Councillor(s) involved, best done initially by phone and also lead them to this website.

            Comment


            • #51
              Re: Newlyn Bailiffs RE: Council Tax

              Make sure you copy the local councillor and your MP into the Formal Compklaint.

              Comment


              • #52
                Re: Newlyn Bailiffs RE: Council Tax

                Another letter from Newlyns this morning threatening to remove goods in my absence again
                The amount they are chasing seems to be just their charges now, the balance paid to the council has been deducted.
                Sent the complaints off cc to all involved but no replies as yet.
                How should I proceed with this latest letter?


                I've removed the attachment as it had your name on it.
                Last edited by labman; 8th June 2013, 12:56:PM.

                Comment


                • #53
                  Re: Newlyn Bailiffs RE: Council Tax

                  As that letter or notice grossly overstates the lawful powers of a bailiff - or at least appears to do so - you could try reporting the buggers to the plods.

                  Comment


                  • #54
                    Re: Newlyn Bailiffs RE: Council Tax

                    Originally posted by CleverClogs View Post
                    As that letter or notice grossly overstates the lawful powers of a bailiff - or at least appears to do so - you could try reporting the buggers to the plods.
                    Who will say it's a civil matter.

                    Comment


                    • #55
                      Re: Newlyn Bailiffs RE: Council Tax

                      Originally posted by labman View Post
                      Who will say it's a civil matter.
                      Doubtless they would, until one asked them if blackmail or burglary had been decriminalised.

                      Comment


                      • #56
                        Re: Newlyn Bailiffs RE: Council Tax

                        I've removed the attachment as it had your name on it.
                        But not before it had been saved. :grin:

                        Comment


                        • #57
                          Re: Newlyn Bailiffs RE: Council Tax

                          Originally posted by CleverClogs View Post
                          But not before it had been saved. :grin:
                          Thanks for that, any chance you could take the name out and post it back here incase others with to see it?

                          Should I just ignore them if they visit and wait to see what reply they give to my complaint, I am worried if I ignore them they will and another £100+ for coming out again.

                          Comment


                          • #58
                            Re: Newlyn Bailiffs RE: Council Tax

                            I have edited it

                            Sorry - removed again as account number left in. I've edited it for you and replaced the attachment. The original has been deleted from my computer.
                            Attached Files
                            Last edited by labman; 8th June 2013, 16:48:PM.

                            Comment


                            • #59
                              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?

                              Comment


                              • #60
                                Re: Newlyn Bailiffs RE: Council Tax

                                Originally posted by labman View Post
                                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?
                                It doesn't look quite right, perhaps Newlyn knocked it up on Word, like marstons do with theirs sometimes?

                                Comment

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