Tweet
Re: Newlyn Bailiffs RE: Council Tax
Try this - submitted for others to correct or improve:
Dear Sirs,
Thank you for your rather less than helpful letter of 12 July 2013.
It was interesting to learn that your allegedly certificated bailiff, whom you aver was working "as instructed by [your] office", had sought to levy distress on two vehicles which I do not own. I do understand that DVLA checks may take some days to produce results, but I told you some weeks ago that I do not own a vehicle and that consequently the levy was invalid.
Your reliance on the case of Observer Limited v Gordon (1983) is hardly wise, as subsequent judgements have modified that ruling. Moreover, I would wish to remind you of the report by the Local Government Ombudsman from July 2012, concerning the actions of a bailiff from another company who levied distress on two vehicles that did not belong to the debtor when attempting to enforce debts owed to Blaby District Council. The LGO stated that when the ownership of a vehicle is disputed or when the debtor is not present, then the bailiff should check ownership with the DVLA.
As you suggested, I have checked the Central Bailiff Certification Register but can find no trace whatever of Mr Reg Austin. I have enclosed a print-out of the relevant page of the Register and once more request that you tell me at which Court his certificate was issued and when this was done. Indeed, I really must insist upon this, as it would otherwise appear that despite your assurances to the contrary, he does not seem to hold a current General Certificate.
Finally, I require you to provide me with an itemised breakdown of the fees and any other monies you claim I owe, listed with times of visits and reason that such fees were incurred.
Yours Faithfully,
Cornish Pasty
Try this - submitted for others to correct or improve:
Dear Sirs,
Thank you for your rather less than helpful letter of 12 July 2013.
It was interesting to learn that your allegedly certificated bailiff, whom you aver was working "as instructed by [your] office", had sought to levy distress on two vehicles which I do not own. I do understand that DVLA checks may take some days to produce results, but I told you some weeks ago that I do not own a vehicle and that consequently the levy was invalid.
Your reliance on the case of Observer Limited v Gordon (1983) is hardly wise, as subsequent judgements have modified that ruling. Moreover, I would wish to remind you of the report by the Local Government Ombudsman from July 2012, concerning the actions of a bailiff from another company who levied distress on two vehicles that did not belong to the debtor when attempting to enforce debts owed to Blaby District Council. The LGO stated that when the ownership of a vehicle is disputed or when the debtor is not present, then the bailiff should check ownership with the DVLA.
As you suggested, I have checked the Central Bailiff Certification Register but can find no trace whatever of Mr Reg Austin. I have enclosed a print-out of the relevant page of the Register and once more request that you tell me at which Court his certificate was issued and when this was done. Indeed, I really must insist upon this, as it would otherwise appear that despite your assurances to the contrary, he does not seem to hold a current General Certificate.
Finally, I require you to provide me with an itemised breakdown of the fees and any other monies you claim I owe, listed with times of visits and reason that such fees were incurred.
Yours Faithfully,
Cornish Pasty
Comment