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council Tax ..Newlyn Plc Major Fees and strange refund from council who deny it!

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  • council Tax ..Newlyn Plc Major Fees and strange refund from council who deny it!

    Hi
    ill explain my story I need some help and advice ...

    I fell behind on council tax due to financial problems. I missed some of my repayments and I received a letter from my council stating my account would be passed to the bailiffs. I had no further correspondence until I received a phone call from a bailiff who told me she had just clamped my car. I had had no warning nor did she even knock the door. I had no opportunity to pay the fees before she had clamped my car.

    I lucky managed to borrow £2040.00 from my father, who promptly came round to mine and paid the bailiff. W\e asked twice if that was my council tax payment up to date on both occasions she said yes it was settled until 2014.

    I had a warning letter form the council demanding i pay £900 in unpaid council tax fees. I was incredibly shocked, upon investigating the council had made a payment directly to my bank account refunding me £482.00. I asked the council why I had received a refund no-one could tell me, they also said it had not come form them. My bank Statement correctly shows the refund coming directly from them. I was then told £520 was taken in bailiff fees. Thus the missing £900 they were asking me for.

    The bailiffs finally sent me a breakdown of fees as follows.

    COUNCIL DEBT: £414.08
    VIST FEE 1: £24.50 ON 21/08/2013
    VISIT FEE 2: £18.00 ON 29/08/2013
    LEVY FEES: £41.41 ON 12/09/2013
    ATTENDANCE TO REMOVE FEES £100 ON 12/09/2013
    ENFORCEMENT FEE £120 ON 12/09/2013
    DEBIT CARD SURCHARGE £0.50
    TOTAL BALANCE £718.49
    PAID £0.00
    BALACE OUTSTANDING £715.49

    COUNCIL DEBT: £722.19
    VIST FEE 1: £24.50 ON 21/08/2013
    VISIT FEE 2: £18.00 ON 29/08/2013
    LEVY FEES: £47.00 ON 12/09/2013
    TOTAL BALANCE £812.31
    PAID £812.31
    BALACE OUTSTANDING £0.00

    COUNCIL DEBT: £683.76
    VIST FEE 1: £24.50 ON 21/08/2013
    VISIT FEE 2: £18.00 ON 29/08/2013
    LEVY FEES: £46.16 ON 12/09/2013
    DEBIT CARD SURCHARGE £0.50
    TOTAL BALANCE £772.92
    PAID £772.92
    BALACE OUTSTANDING £0.00

    These are from three different council tax years please not I owe the bailiff £0.00 although the first account states I owe £715.49. I am assuming there is a typo here.

    I never had any visits prior to the 12/09/13 nor did they leave any documentation if I had been out, that is something I would swear on oath.
    The clamped my car and the whole problem from start to finished was resolved within an hour. These fees seem excessive especially as the only levy was to clamp my car and never gave me the opportunity to pay before hand. I seem to have been charged multiple time for only attending on one day.

    IF someone could please try and help explain what is right and wrong about these fees. I have lost so much sleep over this. I want to make a formal complaint and try to reclaim this money. if anyone can help Id be so grateful!

  • #2
    Re: council Tax ..Newlyn Plc Major Fees and strange refund from council who deny it!

    Hi Silverin12 and welcome to Legal Beagles.

    Which local authority is involved, please? It might be that you need to physically visit the local authority's offices, take the information you refer to with you and discuss the matter with them. You never know, the local authority, as well as yourself, may have been ripped-off by Newlyns.
    Life is a journey on which we all travel, sometimes together, but never alone.

    Comment


    • #3
      Re: council Tax ..Newlyn Plc Major Fees and strange refund from council who deny it!

      I believe, though others will correct me if I am wrong, that they can only charge one visit fee per day even though there are 3 accounts. Similarly with the Levy fees. You only had one car!!

      Comment


      • #4
        Re: council Tax ..Newlyn Plc Major Fees and strange refund from council who deny it!

        Originally posted by ostell View Post
        I believe, though others will correct me if I am wrong, that they can only charge one visit fee per day even though there are 3 accounts. Similarly with the Levy fees. You only had one car!!
        And the LGO sayeth unto Rossendales, "Thou shalt not charge multiple visit fees or levy fees when thou hath more than one Liability Order in thy possession. Otherwise, I shall kick thy butt and that of Blaby Council, so help me great Jehovah."

        The above is a bit of light humour, based on the LGO's damning indictment of Blaby Council and Rossendales when they charged multiple visit and levy fees. The practice was knocked on the head by the LGO, though, as Ostell has rightly highlighted, Newlyns are blissfully unaware of this or hope the OP doesn't know about the LGO's report on Blaby Council.
        Life is a journey on which we all travel, sometimes together, but never alone.

        Comment


        • #5
          Re: council Tax ..Newlyn Plc Major Fees and strange refund from council who deny it!

          Originally posted by Silverin12 View Post
          Hi
          ill explain my story I need some help and advice ...


          I had a warning letter form the council demanding i pay £900 in unpaid council tax fees. I was incredibly shocked, upon investigating the council had made a payment directly to my bank account refunding me £482.00. I asked the council why I had received a refund no-one could tell me, they also said it had not come form them. My bank Statement correctly shows the refund coming directly from them. I was then told £520 was taken in bailiff fees. Thus the missing £900 they were asking me for.
          Sorry, this bit confuses me, it might be because it's late at night! Why are the council demanding £900 from you when you'd paid in full to 2014. Was this part of the £2040 you paid?

          I'm confused before we even get to the incorrect fees - sorry. Can you do 'A Dummies Guide to a Council Demanding £900' please? :beagle:

          Comment


          • #6
            Re: council Tax ..Newlyn Plc Major Fees and strange refund from council who deny it!

            If the three liability orders are from the same Council and issued at the same time the bailiff can only charge fees on the "lead" LO, not on all of them.

            Also, if you were visited only once then the secon visit fee of £18.00 should not appear.

            But yes, your post is somewhat confusing.
            Last edited by Sir Vere Brayne d'Emmidge; 19th November 2013, 05:02:AM. Reason: senile dementia
            The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

            A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

            A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



            It's a dirty job, but someone got to do it!

            My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

            Comment


            • #7
              Re: council Tax ..Newlyn Plc Major Fees and strange refund from council who deny it!

              Whatever the reasons, it would look like Newlyn are at it again with multiple charges. Maybe a Formal Complaint highlighting how thgeir appointed agent Newlyn have transgressed highlighting the LGO report into Blaby Council and Rossendales as the precedent coipied to CEO, Elected Leader with a copy for information to MP would be an option now.

              Comment


              • #8
                Re: council Tax ..Newlyn Plc Major Fees and strange refund from council who deny it!

                Hi it is south cambs district council
                thank you

                Comment


                • #9
                  Re: council Tax ..Newlyn Plc Major Fees and strange refund from council who deny it!

                  Hi it is south cambs district council
                  thank you

                  Comment


                  • #10
                    Re: council Tax ..Newlyn Plc Major Fees and strange refund from council who deny it!

                    Hi firstly thank you for replying

                    I owed £2040 in council tax from 2011- March 2014. The liabily order was for £2040.

                    i paid £2040 to the bailiffs. On the 23/09/13 the money reached the council from Newlyn. On the same day I recived £482 paid into my account directly from the council. I contacted the council and asked many times why I recieved a "refund". No one at the council can tell me why they even said it hadn't come from them. It is 100% from the council.

                    The baillifs took £520 in fees from the £2040 I paid as opposed to charging me on top of the £2040 I owed in council tax.

                    I am assuming the refund was accidental and should have stayed as part of my payment to council tax. And the baillif have taken there fees directly from my liability order. I think this I why £957 ( exact figure) remains outstanding on my council tax bill.

                    i hope this makes more sense.
                    thank you!
                    Last edited by Silverin12; 19th November 2013, 09:06:AM.

                    Comment


                    • #11
                      Re: council Tax ..Newlyn Plc Major Fees and strange refund from council who deny it!

                      Originally posted by Silverin12 View Post
                      Hi firstly thank you for replying

                      I owed £2040 in council tax from 2011- March 2014. The liabily order was for £2040.

                      i paid £2040 to the bailiffs. Technically, if you paid to the bailiff, they should take their fees first, then pass on the remainder to the council. However, your next sentence confirms the full £2040 reached the council.

                      On the 23/09/13 the money reached the council from Newlyn. On the same day I recived £482 paid into my account directly from the council. I contacted the council and asked many times why I recieved a "refund". No one at the council can tell me why they even said it hadn't come from them. It is 100% from the council. Good news - I wouldn't argue as long as they're giving you money, though don't rush out and spend it!

                      The baillifs took £520 in fees from the £2040 I paid as opposed to charging me on top of the £2040 I owed in council tax. HOW did they do this when they'd already passed the full £2040 to the council? Do you mean the council gave Newlyn £520 as their fees for collecting the debt? Newlyn can't just take money from council coffers.

                      I am assuming the refund was accidental and should have stayed as part of my payment to council tax. And the baillif have taken there fees directly from my liability order. I think this I why £957 ( exact figure) remains outstanding on my council tax bill.

                      i hope this makes more sense.
                      thank you!
                      I lucky managed to borrow £2040.00 from my father, who promptly came round to mine and paid the bailiff. We asked twice if that was my council tax payment up to date on both occasions she said yes it was settled until 2014.
                      Did you get a receipt from the council stating you owed £0.00?

                      I think you should ask for a statement of account from the council, as I don't think you'll solve this until you have one. There are fees which ae unlawful on the list typed out above, though the first one still needs clarifying.

                      Keep everything now in writing / email. They'll say things on the phone they will never commit to in writing.

                      Currently the refund makes no sense, nor does the amount they're asking for. A statement which you can post up with personal details removed would be the most useful thing. I'm really sorry not to be able to help further at this stage. :beagle:

                      Comment


                      • #12
                        Re: council Tax ..Newlyn Plc Major Fees and strange refund from council who deny it!

                        Hi sorry I didn't make it clear the council only received £1520 of my payment the was the amount the bailiffs passed to them. Ill just post the letter I've drafted it may make more sense!

                        Comment


                        • #13
                          Re: council Tax ..Newlyn Plc Major Fees and strange refund from council who deny it!

                          Can anyone tell me when they are allowed to charge and attendance to remove fee? they clamped my car and never left. They never gave me the opportunity to pay before clamping my car.

                          Comment


                          • #14
                            Re: council Tax ..Newlyn Plc Major Fees and strange refund from council who deny it!

                            http://www.bexley.gov.uk/CHttpHandler.ashx?id=3028&p=0

                            This sets out the fees. They can charge an attendance to remove fee (allowed by Head C of the fee scale) once they have a valid levy in place and the charge can only be made once. This is quite clear in the regs.

                            Comment

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