Council tax and Newlyn

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Hello, looking for some advice about dealing with the above.
This is on behalf of my daughter. She does owe council tax from last year and a few weeks ago received a letter from Newlyns asking her to contact them. There was no discussion just 5 days to pay £294. She repeatedly told them she didn't have it.

.Yesterday a bailiff from Newlyns called. My daughter was at work hence my involvement. He was demanding payment of £859.17 of which £218 are his charges.

There was no negotiation just threats, 'if not paid in full I will have her arrested and taken to court' 'I have taken pregnant women to court'.


Anyway he had to go as I said if she couldn't pay the first amount sh e cant pay this. Need to just clarify she does want to pay but by instalments.

Somtime later I found a note had ben pushed through the door Notice of Distress inventory of goods to be seized, a car registration. The thing is this car has nothing to do with my daughter, it is parked in the private car park for residents to the flats, of which she is one.

I texted the bailiff who said it would be verified by DVLA and for me not to tell him what he could or could not do.

Please can you tell me what to do now. Also my daughter does have a car, still financed, can he take it

Thank you for your time

[outlawlgo]

Re: Council tax and Newlyn

From what you've explained, the bailiff has no valid levy and any fees associated with that will be void. Those fees are likely to be the levy fee and an attendance with a vehicle with the view to removing goods.

Without a valid levy, the bailiff's fees are limited to a maximum of £42.50 comprising a first visit (£24.50) and second visit (£18).

The important thing is not to deal with the bailiff and make any payments to the council direct. Be careful payments are allocated to the account you intend them to be made. You need to make sure the vehicle is not available for the bailiff to levy, this is his only practical opportunity for him to seize goods – his last attempt failed.

Others I'm sure will make further suggestions.

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Re: Council tax and Newlyn

[QUOTE=outlawlgo;374559]From what you've explained, the bailiff has no valid levy and any fees associated with that will be void. Those fees are likely to be the levy fee and an attendance with a vehicle with the view to removing goods.

Without a valid levy, the bailiff's fees are limited to a maximum of £42.50 comprising a first visit (£24.50) and second visit (£18).

The important thing is not to deal with the bailiff and make any payments to the council direct. Be careful payments are allocated to the account you intend them to be made. You need to make sure the vehicle is not available for the bailiff to levy, this is his only practical opportunity for him to seize goods – his last attempt failed.

Others I'm sure will make further suggestions.

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Re: Council tax and Newlyn

Thank you.I was thinking
should I write to Newlyns and ask for a breakdown of this £200 or should I just ignore them.
I thought if a car had finance they couldn't take it.
Does anybody know/understand why he would not accept a payment plan.
Thank you again

[CleverClogs]

Re: Council tax and Newlyn

.Yesterday a bailiff from Newlyns called. My daughter was at work hence my involvement. He was demanding payment of £859.17 of which £218 are his charges.

There was no negotiation just threats, 'if not paid in full I will have her arrested and taken to court' 'I have taken pregnant women to court'.

Is it Coventry Council?

[CleverClogs]

Re: Council tax and Newlyn

Does anybody know/understand why he would not accept a payment plan.

Greed.

[ploddertom]

Re: Council tax and Newlyn

Thank you.I was thinking
should I write to Newlyns and ask for a breakdown of this £200 or should I just ignore them. Use Letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters best sent initially by email followed by a copy in the post.
I thought if a car had finance they couldn't take it. He's not likely to know that but have a copy of the agreement handy in case it is needed.
Does anybody know/understand why he would not accept a payment plan. Think Clever Clogs has answered that and he will not be far away from the truth.
Thank you again

You need to speak to someone at the Council and ask the following questions:
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
8 - the dates & amounts of any payments

You also need to inform the Council in writing that they have levied on a car that does not belong to you - owner unknown and they are refusing to remove the levy fee and associated costs.

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Re: Council tax and Newlyn

thank you for your replies. Its Chesham, Buckinghamshire from what my daughter says some of the most unapproachable council tax staff. Also does anybody know of a council tax office that is open to accomodate the workers in this country.

[bluebottle]

Re: Council tax and Newlyn

Hello, looking for some advice about dealing with the above.
This is on behalf of my daughter. She does owe council tax from last year and a few weeks ago received a letter from Newlyns asking her to contact them. There was no discussion just 5 days to pay £294. She repeatedly told them she didn't have it.

.Yesterday a bailiff from Newlyns called. My daughter was at work hence my involvement. He was demanding payment of £859.17 of which £218 are his charges. He needs to prove the fees are lawful.

There was no negotiation just threats, 'if not paid in full I will have her arrested and taken to court' 'I have taken pregnant women to court'. Sounds like Misrepresentation of Powers.

Anyway he had to go as I said if she couldn't pay the first amount sh e cant pay this. Need to just clarify she does want to pay but by instalments.

Somtime later I found a note had ben pushed through the door Notice of Distress inventory of goods to be seized, a car registration. The thing is this car has nothing to do with my daughter, it is parked in the private car park for residents to the flats, of which she is one. Common ploy and not restricted to just Newlyns.

I texted the bailiff who said it would be verified by DVLA and for me not to tell him what he could or could not do. Let him hang himself.

Please can you tell me what to do now. Also my daughter does have a car, still financed, can he take it. If he seizes or takes or attempts to seize or take a vehicle belonging to a finance company, he will be in serious trouble. Don't believe any claims he may make that he can seize and sell a vehicle on finance and pay any residual amount to the finance company. Your daughter needs to speak to the finance company and see what their stance is on bailiffs seizing vehicles subject to finance. They could prove to be a valuable ally.

Thank you for your time

BB
BB

[labman]

Re: Council tax and Newlyn

You definitely need to get the information from post 7.

In addition I would write to the bailiffs using Letter 1 from here:

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

When you get a reply, post it up. Just remember you are under no obligation to deal with the bailiffs, and as long as they don't get a valid levy, they can only charge £42.50 in fees. Cars are a good target, as you've discovered, so park yours a few streets away. Also remember they can walk through an unlocked door and climb through an open window, so keep them locked and shut. :beagle:

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Re: Council tax and Newlyn

Hello and thank you for advice so far. An email was sent to the council listing the questions as per plodderton, thank you. She recieved a reply basically just saying how much is owed, and not really answering questions about enforcement etc.

However much detail has been given about the bailiff fees. First and second dates listed but I was there on the second date and nobody called. We actually think this is because they may have gone to her old address why we dont know because the council knows where she is. The third visit included a van an attendance for £105 strangely enough to the correct address. It was me the bailiff spoke to. He was on his own and I can only assume the van was hidden somewhere because I never saw one.

Two other things there is a levy fee of £24.50. This must be for the car that does not belong to my daughter. Also something called a Schedule5 Part H fee. Does anyone know what this is and why we are paying for an unlawful levy.

Oh yes my daughter asked for a meeting and the Revenues and Benefits Admin Manager has agreed so he can explain all the charges.

Labman, thank you. The letter you pointed out has been sent to the Bailiffs with 14 days to respond.

Can I ask I am sure I have read on one of your threads that a bailiff is supposed to start by agreeing a payment plan and at this point a levy is made against her property. I can assure you she doesn't have anywhere near this amount. Only if she does not stick to the plan do the bailiffs then come with a van. So what has happened here.

As the Bailiffs have said they will return and force entry my daughter is now very frightened to be in her flat on her own.

Any comments, suggestions would be very much appreciated
Thank you

[ploddertom]

Re: Council tax and Newlyn

You are finding out the hard way the collusion between Council & Bailiffs. Obviously the Revenues Manager must believe the Bailiffs to be whiter than white - otherwise why would he suggest a meeting to explain the charges. In particular ask him to verify the charge on a vehicle that does not belong to the debtor.

In the meantime I suggest the Council are paid direct via online banking, Council website or automated phone. Payments should be made on the same day of the week and at a rate that is affordable but should be no less than £5 per week. Regardless of what the Council may tell you there is no law that says you have to deal with or even speak to the Bailiff. He has already been caught out charging fees which do not apply therefore your argument is that he cannot be trusted.

[CleverClogs]

Re: Council tax and Newlyn

I can only assume the van was hidden somewhere because I never saw one.

It may have been a Matchbox toy in the bailiff's pocket. msl:

Two other things there is a levy fee of £24.50. This must be for the car that does not belong to my daughter.

And which would only be appropriate if the total debt - debt owed to the council plus legitimate bailiff fees - came to £100 or less.

The silly jerk cannot even garner fees correctly. msl:

Also something called a Schedule5 Part H fee. Does anyone know what this is and why we are paying for an unlawful levy.

It is the so-called "Redemption Fee", where a levy has been lawfully made but the debt has been repaid. Needless to say, it should not be applied at the same time as a levy fee but, equally, one need hardly add that such abuse is commonplace among bailiffs.

Oh yes my daughter asked for a meeting and the Revenues and Benefits Admin Manager has agreed so he can explain all the charges.

That is a pity, as it would have been far better to get his untruths in writing.

As the Bailiffs have said they will return and force entry my daughter is now very frightened to be in her flat on her own.

Unless they have previously gained "peaceable entry" - and can prove that by means of a valid and lawful levy or form of seizure - they have no right whatsoever to force entry.

Did the oaf tell her that balderdash over the electric telephone or was it expressed in writing?

[bizzybob]

Re: Council tax and Newlyn

The council are sailing full ahead to the iceberg, time to appraise the Revenue Dude of the council's absolute liability for their agent the bailiffs unlawful levy and all associated fees, adding a Sch 5 Head h at the same time is a no no, in any case that only applies to a lawful levy where goods have been actually removed

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Re: Council tax and Newlyn

Hello, just wanted to keep you updated. Newlyns have replied saying they will provide the info requested within the next 10 days!
Can I just say my daughter wants to arrange a payment plan to repay this, neither her nor I are in a position to clear it in one go, however I do believe the bailiff here has not followed the procedure. I was reading another thread where Data Protection was pointed out which made me realise this bailiff, when I told him my daughter was at work then went on to provide full details of his visit to me a third party. This makes me think ,just on this that I should make a formal complaint to County Court, Northampton. This together with a levy put on a neighbours car and making a charge for it.

So she is going to arrange an appt with council tax man and given the councils responsibility for bailiffs carrying out these duties should she mention the complaints or indeed am I right in thinking this bailiff has well and truely over-stepped the mark.

I really do appreciate your comments and your time
Thank you