Newlyn Bailiffs RE: Council Tax

[CleverClogs]

Re: Newlyn Bailiffs RE: Council Tax

The actions of Newlyns are fraudulent per se. If it were me, I would send Newlyns' senior management a copy of Sections 2 and 12, Fraud Act 2006 and a copy to the local authority. Condoning unlawful/illegal behaviour (consent) or knowing its is going on but doing nothing to stop it (connivance) is an offence under the Criminal Law. Any lgo who is condoning unlawful/illegal behaviour may well be committing the offence of Misconduct in Public Office or Misfeasance in Public Office, which carries a custodial sentence, as well as any criminal offence that can be proven against them.

Have you taken your pills today?

[bluebottle]

Re: Newlyn Bailiffs RE: Council Tax

No, it would be better to exhaust all possible chances to get the council to see sense.

If the complaint was simply about a levy that was improper, invalid or which never took place, the LGO might consider it would be more appropriate to challenge the levy under Rule 11 (link) of the The Distress for Rent Rules 1988.

Unless I am mistaken, CC, scrutiny of bailiff fees by the Registrar of a County Court is not cheap. The OP needs to enquire with their local County Court as to the cost before going down that route.

[cornish pasty]

Re: Newlyn Bailiffs RE: Council Tax

No, it would be better to exhaust all possible chances to get the council to see sense.

If the complaint was simply about a levy that was improper, invalid or which never took place, the LGO might consider it would be more appropriate to challenge the levy under Rule 11 (link) of the The Distress for Rent Rules 1988.

Thanks, but I am getting more and more confused as to who and what to complain about now

[CleverClogs]

Re: Newlyn Bailiffs RE: Council Tax

Unless I am mistaken, CC, scrutiny of bailiff fees by the Registrar of a County Court is not cheap. The OP needs to enquire with their local County Court as to the cost before going down that route.

I did not suggest it was inexpensive or that it would really be appropriate. I meant to shew that it would be as well to involve other forms of maladministration (such as poor complaint handling) so that the complaint could not be rejected by an overworked Local Government Ombudswallah.

[bluebottle]

Re: Newlyn Bailiffs RE: Council Tax

I did not suggest it was inexpensive or that it would really be appropriate. I meant to shew that it would be as well to involve other forms of maladministration (such as poor complaint handling) so that the complaint could not be rejected by an overworked Local Government Ombudswallah.

Agreed, CC. Public exposure, i.e. name and shame, seems to have a very desirable effect and cause those on the receiving end to suffer a sudden alimentary evacuation.

[CleverClogs]

Re: Newlyn Bailiffs RE: Council Tax

Thanks, but I am getting more and more confused as to who and what to complain about now

See above.

Your complaint is with the council, who are vicariously responsible for the antics of the bailiffs, bailiff companies and any other numpties they appointed. Rather than merely making the complaint about the levy allegedly made on a motor-car on Monday, 25/03/13 at around noon, the complaint should also concern the egregiously negligent way in which your complaint was handled by the council.

[cornish pasty]

Re: Newlyn Bailiffs RE: Council Tax

Have looked around the internet for complaints about Newlyns I came accross a reply they sent to a debtor ( council tax) regarding levy on a non owner vehicle

How can you win with companies like this that just bend and flawt the law to profit from the mis-informed

[CleverClogs]

Re: Newlyn Bailiffs RE: Council Tax

Have looked around the internet for complaints about Newlyns I came accross a reply they sent to a debtor ( council tax) regarding levy on a non owner vehicle

How can you win with companies like this that just bend and flawt the law to profit from the mis-informed

Well, indeed - how might one retain copies of any receipts for goods one has not bought?

certe, capita sunt eorum asinis

It seems that Newlyn plc does not care that its lack of DVLA checks will land its council clients in the mire.

[ploddertom]

Re: Newlyn Bailiffs RE: Council Tax

Have looked around the internet for complaints about Newlyns I came accross a reply they sent to a debtor ( council tax) regarding levy on a non owner vehicle

How can you win with companies like this that just bend and flawt the law to profit from the mis-informed

Of course here are a few things they neglect to tell you about Observer v Gordon. Gordon repaired piano's and if memory serves me right the Observer sued him for non-payment of advertising which went unpaid. Next thing a HCEO attends Gordon's premises and effects entry and removes certain pianos to cover all that is owing. However the pianos were all customers property but Gordon failed to produce any evidence of this - seeing as he had died he may have found it difficult to do so.

[cornish pasty]

Re: Newlyn Bailiffs RE: Council Tax

Just a thought here, as the outstanding CT balance has been paid direst to the council, Will Newlyns not have to go through the whole collection process again from the start as it is just their charges the are claiming and not CT?

[bizzybob]

Re: Newlyn Bailiffs RE: Council Tax

Just a thought here, as the outstanding CT balance has been paid direst to the council, Will Newlyns not have to go through the whole collection process again from the start as it is just their charges the are claiming and not CT?

Did you add a first and second visit fee a total of £42.50 to the payment? as that is all you will owe after the third party levy fees are removed? As to reliance on Observer V Gordon, they are up the creek, as any complaint to LGO would likely get them told that Observer V Gordon is not indicative of the reality, that the Regulations preclude a third party levy period and further on the ground that it is unreasonable and nigh on impossible for the third party to provide vehicle ownership details for a car they don't own if it is a random car they have levied. Obviously paperwork can be provided for a vehicle hired leased or on HP in the debtors name, and the levy would fail in that circumstance also.

[cornish pasty]

Re: Newlyn Bailiffs RE: Council Tax

Right, have checked the online bailiff register and phoned the 0845 number as advised.
NO RECORD of Reg (Reginald) Austin on file or with Newlyns, hence Newlyns reluctance to divulge the court he was registered at as it appears he isn't registered.

I take it this now puts a whole new fish in the pie?

[CleverClogs]

Re: Newlyn Bailiffs RE: Council Tax

I take it this now puts a whole new fish in the pie?

Yes - and it's not Alaska Pollock (link)

It is still possible he may be certificated, as the register is known not to be accurate.

For example, it still includes Melanie Boswell.:tinysmile_cry_t:

[cornish pasty]

Re: Newlyn Bailiffs RE: Council Tax

Yes - and it's not Alaska Pollock (link)

It is still possible he may be certificated, as the register is known not to be accurate.

For example, it still includes Melanie Boswell.:tinysmile_cry_t:

The girl on the phone did say he may be newly registered, but even if he is, he was probably un-licenced when he visited.
So is it worth mentioning this in the formal complaint or just stick to the levy on a vehicle I don't own and the councils lack of interest in the previous complaints?

[CleverClogs]

Re: Newlyn Bailiffs RE: Council Tax

Did they ever tell you the registration "number" of the car they levied or leave a Notice of Seizure?