Council tax and Newlyn

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Re: Council tax and Newlyn

Thank you both ploddertom and labman for your comments, you have given me much to think about. The most important thing at the meeting is to get this council tax sorted and a payment plan in place.

Secondly is the bailiff and their charges. Its interesting that since the complaint about the bailiff was raised it has not been mentioned by the council and I think he has been advised not to put anything else in writing. I do know about how councils operate and am sure he is already taking advice on this.

In terms of the DPA I will not let him minimise it because it is the law, and thats like saying we have a law for say theft but it doesn't really matter.Certainly the ICO was very clear that I get back in touch with the councils response.

From reading posts on this site it seems bailiffs have this belief they can operate above the law and I do wonder who monitors the way they carry out their duties. Maybe we should collectively start challenging this behaviour and hold them to account.

Thank you again and wish me luck for our meeting

[labman]

Re: Council tax and Newlyn

Secondly is the bailiff and their charges. Its interesting that since the complaint about the bailiff was raised it has not been mentioned by the council and I think he has been advised not to put anything else in writing. I do know about how councils operate and am sure he is already taking advice on this.

They have to put things in writing. It is your right to have a breakdown of fees and compare them with the law.

In terms of the DPA I will not let him minimise it because it is the law, and thats like saying we have a law for say theft but it doesn't really matter.Certainly the ICO was very clear that I get back in touch with the councils response.

All I'm saying is will not be seen as a major breach. Using your example of theft, it would be more like taking the pen you use at the counter in the bank than breaking into the bank and stealing £500000. The former is theft, but is 'de minimis'. I think that's how the DPA breach will be seen - they might say sorry, but it won't be worth pursuing IMO.

From reading posts on this site it seems bailiffs have this belief they can operate above the law and I do wonder who monitors the way they carry out their duties. Maybe we should collectively start challenging this behaviour and hold them to account.

I love this last bit. That is exactly what we are trying to do on here, day in, day out - empower people with the knowledge to stick up for what is their right. It sounds like we have another long term campaigner with us - welcome aboard!

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Re: Council tax and Newlyn

Hello labman can I just sight has been a huge support to me and one that I find really interesting. I'm sorry and with much respect I cant agree with you about DPA its there for a purpose and unfortunately for them they will be told because they aren't above the law either. Nobody has the right to give this sort of info to another.

I am a bit like a dog with a bone over this, together with working in the criminal justice system and a huge sense of justice/injustice [been told this is one of my faults]

Anyway once again thank you for your time and suggestions.

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Re: Council tax and Newlyn

hello, well meeting took place and just wanted to update. Typical council meeting but must give credit as he did meet with us.

He had an agenda and payments agreed. Theres a lot more but the important thing is to get it sorted.

Also he is taking the account back from the bailiffs and all fees removed. Thank you

Now when it came to the bailiffs as he was aware of complaints re Data Protection, fees and no other way to say this but lies, he said let me tell you I will stand 100% by the bailiffs. I said ok so when the ICO says nobody is above DPA I will include this council in the complaint. Also levy on somebody elses' car he says that bailiff can levy on any car if they have reasonable grounds to believe the car is owned by the 'debtor'. Also at the moment there is a case going through court about this. Again told him no reasonable grounds in this case.

He has taken a copy of the letter from Newlyns and has now agreed to ask Newlyns for a full report. My daughter when asked what she wanted said for bailiffs to act within the law and for this not to happen to other people. We agreed not to contact ICO local councillor, MP and even E.Pickles until we have his response. Made sure he understood this is not going away and I hope he now realises he made a committment to bailiffs a bit too quick!!

Once again many thanks for your advice and support.

[bluebottle]

Re: Council tax and Newlyn

hello, well meeting took place and just wanted to update. Typical council meeting but must give credit as he did meet with us.

He had an agenda and payments agreed. Theres a lot more but the important thing is to get it sorted.

Also he is taking the account back from the bailiffs and all fees removed. Thank you

Now when it came to the bailiffs as he was aware of complaints re Data Protection, fees and no other way to say this but lies, he said let me tell you I will stand 100% by the bailiffs. I said ok so when the ICO says nobody is above DPA I will include this council in the complaint. Also levy on somebody elses' car he says that bailiff can levy on any car if they have reasonable grounds to believe the car is owned by the 'debtor'. Also at the moment there is a case going through court about this. Again told him no reasonable grounds in this case.

He has taken a copy of the letter from Newlyns and has now agreed to ask Newlyns for a full report. My daughter when asked what she wanted said for bailiffs to act within the law and for this not to happen to other people. We agreed not to contact ICO local councillor, MP and even E.Pickles until we have his response. Made sure he understood this is not going away and I hope he now realises he made a committment to bailiffs a bit too quick!!

Once again many thanks for your advice and support.

Call me a cynical ex-copper, but I always get suspicious when public servants ask peeps not to contact law enforcement and regulatory agencies. Keep this council official on a short leash. If it seems clearly-evident that the council is dragging its heels, I would be inclined to open the trapdoor from under them, contact the ICO, Ward Councillor, MP and Eric Pickles, and let the council and Newlyns swing.

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Re: Council tax and Newlyn

Hello Bluebottle, sorry obviously misled you the public servant hasn't asked me not to contact ICO etc. He started off by saying he will support the bailiffs 100% and has ended up requesting from Newlyns a full report. He said he knew a complaint could be put to all these different bodies and was left in no doubt with comments like that about bailiffs his council would also be brought into the complaint. I just wanted to be seen as being co-operative.

Coming on this site and being pointed in the right direction certainly gave me the confidence to tell him his future!

[ploddertom]

Re: Council tax and Newlyn

He is correct in saying that if the Bailiff has grounds to belive you may own an item - in this case a car - then he may make a formal seizure of it. However as was pointed out to him it was not the property of the debtor he should have made more enquiries, once confirmed the item is not the property of the debtor then the Levy Fee and ALL associated charges must be removed and replaced where permitted a Visit Fee. In this case they have tried to pressure the debtor into paying regardless of the outcome.

[bluebottle]

Re: Council tax and Newlyn

He is correct in saying that if the Bailiff has grounds to belive you may own an item - in this case a car - then he may make a formal seizure of it. However as was pointed out to him it was not the property of the debtor he should have made more enquiries, once confirmed the item is not the property of the debtor then the Levy Fee and ALL associated charges must be removed and replaced where permitted a Visit Fee. In this case they have tried to pressure the debtor into paying regardless of the outcome.

Which is illegal in more ways than one.

From what I have read on LB lately about Newlyns' antics, it is pretty clear they are long overdue for and seriously begging to be subject to a formal investigation into their business practices.

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Re: Council tax and Newlyn

hello and again thank you for your comments. The more I think about this meeting the more annoyed I'm becoming. Yes councils are told to collect council tax and I have no doubt targets have been set to achieve a certain percentage. However it seems to me that in colluding with bailiffs councils now see themselves as above the law. So I think I have to continue with my little campaign and start writing complaints

I was also reading other comments about bailiffs and the need to collect such complaints so if you need any help please let me know, its no use complaining if not doing anything about it.