Council tax and Newlyn

[bluebottle]

Re: Council tax and Newlyn

Levying on a third-party vehicle is not permitted. Only a debtor's goods may be levied upon. Making or attempting to make a charge for levying on third-party goods is illegal. So, yes, the bailiff has well and truly overstepped the mark.

[bizzybob]

Re: Council tax and Newlyn

Definitely complain to the ICO on Data Protection, and a Formal Complaint in writing marked clearly as such to the Head of Revenues, copied to CEO, Elected Leader, and MP with a copy to the firktards at Newlyn outlining the illegality in extremis of the actions of their Newlyn Bailiff for which they are wholly liable, due to the concept of vicarious and joint and several liabilities with and for the bailiffs actions, viz unlawful levy and fees, and fundamental breach of DPA regarding disclosure of personal informatiuon of a debt to a person otjher than the debtor for starters. Within the letter your daughter should state that she will pay the council direct at £xxx per ??? as she cannot trust Newlyn to deal fairly with her. You can also complain to ICO for the breach.

[ploddertom]

Re: Council tax and Newlyn

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.

Can I just say my daughter wants to arrange a payment plan to repay this,

PTPT

[bracken]

Re: Council tax and Newlyn

Sorry ploddertom what does that mean,

[ploddertom]

Re: Council tax and Newlyn

Sorry ploddertom what does that mean,

You said you want to pay this & I referred back to a post as to how to do it.

[bracken]

Re: Council tax and Newlyn

oh yes I understand that sorry am a bit old for some of this shorthand.
Thank you

[ploddertom]

Re: Council tax and Newlyn

oh yes I understand that sorry am a bit old for some of this shorthand.
Thank you

That's OK, I join the ranks of the elderly this week - daughter says any hassles and she's already got the home sorted!

[labman]

Re: Council tax and Newlyn

Sorry ploddertom what does that mean,

Had he just quoted what had been said previously, the software wouldn't let him post, hence the PTPT. A response has to be at least 4 characters long to be accepted.

It confused me at first too! lol

[bracken]

Re: Council tax and Newlyn

Hello, just wanted to update and ask for your opinion on what am about to do. Spoke to ICO about Data protection and they agree the Bailiff should not have disclosed any information to a third party. Told me to make a complaint which I will do to the CEO/or should i find Head of Revenues. Also to send copies of complaint to local councillors and Newlyns.
She is about to reply suggesting meeting for next week and given the council tax man has listed bailiffs fees has also told him of her complaint to CEO and of advice from CAB. What do you think?

Once again thank you for your time

[bracken]

Re: Council tax and Newlyn

Hello, just to let you know Newlyns replied to the complaint letter. Basically have denied most thing even to point of denying bailiff spoke to me so therefore not breached data protection, claim to have made phone calls and visits. What is not mentioned is the levy on a strangers car. So they are saying there is no complaint!!

Any next steps would be very welcome. We meet with council next week
many thanks

[ploddertom]

Re: Council tax and Newlyn

Think I'd be tempted to see what the Council say first.

[bracken]

Re: Council tax and Newlyn

Hello thank you I will. Should I also delay on the official complaint to council CEO until after this meeting.

[ploddertom]

Re: Council tax and Newlyn

I think I would, that way you can be seen to be reasonable. I don't doubt they will come up with a load of waffle.

[labman]

Re: Council tax and Newlyn

I would not raise your hopes about any meeting with the council, though I hope sincerely I'm proven wrong. I think your way forward will be getting an accurate breakdown of fees, asking the Head of Revenues if they're fair, and then contacting the CEO. Obviously if you have this information before the meeting, it could make a significant difference to the outcome.

The DPA breach will be viewed as 'de minimis' -ie- pretty much irrelevant.

It will get resolved though. It's a shame timescales for getting letter replies and your meeting with the council are quite so tight.:beagle:

[ploddertom]

Re: Council tax and Newlyn

There is guaranteed way to put the cat among the pigeons - record the meeting - of course if there is nothing to hide they should not object.