Bailiff Fees paid - but insufficient information from Newlyn to substantiate fees

[Radha]

Re: Bailiff Fees paid - but insufficient information from Newlyn to substantiate fees

Correct.
- The property was empty
- The council were sending demands to an old business address as that is the address that my letting agent used on the tenancy agreement.
- I had no idea that the demands were coming.
- No letters from the council or the bailiffs were received.
- A letter from the court announcing judgement was forwarded to me weeks after the judgement.
- When I rang the council they told me to call Newlyn.
- I got scared and payed the full amount Newlyn asked as I was didn't want to mess around with the council and ramp up more fees.

[bluebottle]

Re: Bailiff Fees paid - but insufficient information from Newlyn to substantiate fees

Did you instruct the letting agent to attend to CT payments? If you did and the letting agent failed to comply with your instructions, then this might shed some light on the matter and give some direction as to whom to seek redress from.

[Radha]

Re: Bailiff Fees paid - but insufficient information from Newlyn to substantiate fees

Did you instruct the letting agent to attend to CT payments? If you did and the letting agent failed to comply with your instructions, then this might shed some light on the matter and give some direction as to whom to seek redress from.

Ive tried that route and also gained all communication from the council with a SARS request to prove that the letting agent failed me also. That is a longer battle as the letting agent is not accepting responsibility.

I know that I have something with Newlyns, so I would like to pursue that also.

[labman]

Re: Bailiff Fees paid - but insufficient information from Newlyn to substantiate fees

So are you saying the letting agent should have dealt with the CT?

[Radha]

Re: Bailiff Fees paid - but insufficient information from Newlyn to substantiate fees

Yes, he was advised by the council and as my agent he didn't act on my interests. However the ultimate responsibility for the payment of the tax falls on me - which I accept.

Having paid the bill, I realise that I am being wrongly charged.

[bluebottle]

Re: Bailiff Fees paid - but insufficient information from Newlyn to substantiate fees

So are you saying the letting agent should have dealt with the CT?

If the property was empty and the OP instructed the letting agent to attend to CT payments and the letting agent failed to make those payments, as instructed, then, IMHO, the letting agent is liable to the OP for any costs, expenses, fines, etc., the OP has incurred as a result of the letting agent's failure to comply with the OP's instructions.

The OP needs to confirm the following -

1. Did the OP instruct the letting agent to attend to CT payments in their absence or did the letting agent include attendance to CT payments as part of their service?
2. Has the local authority confirmed non-receipt of CT payments, in writing, and provided copies of correspondence relating to non-receipt of CT payments?

Whilst the letting agent may, at present, be denying responsibility, if the local authority has confirmed non-receipt of payments and the letting agent was under instructions to make such payments on behalf of the OP and failed to make such payments, the letting agent is, IMHO, only putting off the inevitable and that is reimbursing the OP's losses and redressing the OP's loss of reputation.

[labman]

Re: Bailiff Fees paid - but insufficient information from Newlyn to substantiate fees

As long as there is a written contract in place stating liability, I'd agree with you BB. :beagle:

[bizzybob]

Re: Bailiff Fees paid - but insufficient information from Newlyn to substantiate fees

Radha, check the small print in your contract with the letting agent, you could also complain to CEO and council leader regarding the dodgy levy and the associated fees, as £42.50 is all the numpties at Newlyn are entitled to imho, whather it is you or the letting agent who should have paid. That point does not mitigate any fraudulent action by Newlyn, that remains a crime whatever .

[Radha]

Re: Bailiff Fees paid - but insufficient information from Newlyn to substantiate fees

The contract with letting agent is unclear. I will look into that further.

So I will now send letter to CEO and council asking for a refund as I have been overcharged. Do i start a formal complaints procedure with Newlyns as well as many here have suggested that I have been charged fraudulently. Or do I simply go to small claims to get my money back as is outlined here

Many many thanks for your help everyone, much appreciated.

[bizzybob]

Re: Bailiff Fees paid - but insufficient information from Newlyn to substantiate fees

The contract with letting agent is unclear. I will look into that further.

So I will now send letter to CEO and council asking for a refund as I have been overcharged. Do i start a formal complaints procedure with Newlyns as well as many here have suggested that I have been charged fraudulently. Or do I simply go to small claims to get my money back as is outlined here

Many many thanks for your help everyone, much appreciated.

Start the Formal Complaint with the council, send to Head of Revenues, copy to CEO, elected Leader, your local councillor, MP, and a copy to Newlyn.

[labman]

Re: Bailiff Fees paid - but insufficient information from Newlyn to substantiate fees

Letter 5 from the link below will provide a useful starting point. It will need editing though.

http://www.legalbeagles.info/forums/...Useful-Letters

:beagle: