Newlyn bailiff charges car clamped!!

[jobo]

Re: Newlyn bailiff charges car clamped!!

this was the breakdown they sent regarding this amount

[jobo]

Re: Newlyn bailiff charges car clamped!!

plus this

[jobo]

Re: Newlyn bailiff charges car clamped!!

then these 2 letters stuffed through letterbox last friday morning at 5.45am after they had clamped my car with a large warning sign on

I have just had the council confirm that they rang Newlyn on fri 22/11/13 to inform them that my account was clear!

[bluebottle]

Re: Newlyn bailiff charges car clamped!!

Due to the fact that the clamp was applied before 0600, the actions of the bailiff and Newlyns were and are illegal. So file the two letters under E for Evidence.

[CleverClogs]

Re: Newlyn bailiff charges car clamped!!

I have just had the council confirm that they rang Newlyn on fri 22/11/13 to inform them that my account was clear!

When did you pay:

1. the £1120?
2. the remaining £47.98?

Newlyn's fees (or "fee's" - sic) seem to be excessive, as is usual for them.

The levy fee, of £57.20, would be accurate only if distress had been levied before the debt had been reduced to a mere £47.98; the "attendance to remove" is - at best - debatable as, without goods having previously been seized, how could the oaf know that he would have goods to remove?

The "Schedule H" fee is for relinquishing goods seized and so is a charge for work not yet done.

[jobo]

Re: Newlyn bailiff charges car clamped!!

Hi Cleverclogs and thanks for replying

1 I shall be collecting a print out of my last 3 years council tax accounts tomorrow morning from council, until then i'm unsure of the date that i paid the £1120

2 the £47 i paid on 10/10

i then put in place the payment plan

they have never levied anything, nor any van ever been here for removal of goods, only threats of this happening, nor has he been able to see thru my windows, nor has he ever been in or invited into my property - he did list 2 sunchairs outside tho!

i didnt question these fees before, but i now understand/believe that they are are Wrong!!

[jobo]

Re: Newlyn bailiff charges car clamped!!

this is just a thought, anyone can join this site, cant they? There's nothing to stop a bailiff checking out the latest items on the forums, is there??

Any thoughts on this leagalbeagals??

Jobo

[CleverClogs]

Re: Newlyn bailiff charges car clamped!!

Your dates must be wrong. The letter of 30/10/2013 states that the debt was then £206.70 - which is made up entirely of the fees Newlyn is determined to charge.

Therefore, you must have paid all the council tax debt before 30/10/2013.

When did the oaf try to levy distress on your daughter's motor car?

[jobo]

Re: Newlyn bailiff charges car clamped!!


HI cleverclogs
yes i cleared it on 10/10/13 paying the £47? i will find out tomorrow what the amount was before that, (apologies, but i lost my dad a while ago and my world has been 'fuzzy' for sometime)

My daughters car was parked ON the drive, so he presumed it was mine

Regards jobo

[CleverClogs]

Re: Newlyn bailiff charges car clamped!!

they have never levied anything, nor any van ever been here for removal of goods, only threats of this happening, nor has he been able to see thru my windows, nor has he ever been in or invited into my property - he did list 2 sunchairs outside tho!

As the sunchairs would not fetch enough at auction even to cover his fees, let alone pay any of the alleged debt, that levy must be considered to be improper.

See the Local Government Ombudswoman's report on Slough Borough Council, where a ba:censored:rd bailiff levied distress on doormats (!) simply to garner £230 in fees thereby! link

this is just a thought, anyone can join this site, cant they? There's nothing to stop a bailiff checking out the latest items on the forums, is there??

No - there isn't and I always try to bear in mind that one or more of those vermin may read my opinions.

That was why I reported one of your posts to the "crack site team" here, as you'd inadvertently neglected to obscure your name on one of the scans. As you'd uploaded it here rather than uploading it to photobucket or some such place, it was relatively easy for an admin-wallah to fix.

[jobo]

Re: Newlyn bailiff charges car clamped!!


Thank you Cleverclogs x
And thank goodness you had noticed!
as you seem to be online, what do you think i should do with the clamp?? do you think i should take it with the 'notice' to copshop??
do you think he will be back for my car?
Regards Jobo

[CleverClogs]

Re: Newlyn bailiff charges car clamped!!

yes i cleared it on 10/10/13 paying the £47? i will find out tomorrow what the amount was before that, (apologies, but i lost my dad a while ago and my world has been 'fuzzy' for sometime)

If the only levy carried out on 10/10/13 was on your daughter's motor car - which would have been invalid - and on the sunchairs - which levy would have been improper, as they'd not fetch enough at auction - then their claimed levy fee and the other, associated fees are (in my opinion) not payable as he did not make a valid and lawful seizure of goods owned by the alleged debtor.

You need Newlyn to clarify on what good(s) was distress levied and when this was done.

My daughters car was parked ON the drive, so he presumed it was mine

Likewise, one might presume the bailiff had once been a member of the human race. msl:

[CleverClogs]

Re: Newlyn bailiff charges car clamped!!

as you seem to be online, what do you think i should do with the clamp?? do you think i should take it with the 'notice' to copshop??

I do not believe that it was quite wise to have removed it by having cut through the shackle of the padlock!

It would have been better, surely, to 'phone round to find out the price of motor cars to hire, ascertain which would be the least expensive and then email the Head of Revenues to inform him of the improper seizure of your motor car and the daily cost of hiring another - which you'd expect the council to pay - until he told the Newlyn numpties to remove the clamp.

However, you destroyed the padlock, which may be criminal damage. It would be wise, therefore, to obtain another padlock of the same make and model which you can take to the plods with the clamp - and with the full set of keys. If it is possible to obtain a padlock that will open with the same key as that which you destroyed, so much the better; in that case, lock the new padlock on the chain or clamp, keep the keys and deliver the locked clamp to the cop shop, telling them that it "just fell off" and wondering if the clod was entirely sober when he fitted it.

do you think he will be back for my car?

Is the Pope a Papist? msl:

[jobo]

Re: Newlyn bailiff charges car clamped!!

Is the Pope a Papist?

Please explain? :tinysmile_hmm_t2:

[bizzybob]

Re: Newlyn bailiff charges car clamped!!

I do not believe that it was quite wise to have removed it by having cut through the shackle of the padlock!

It would have been better, surely, to 'phone round to find out the price of motor cars to hire, ascertain which would be the least expensive and then email the Head of Revenues to inform him of the improper seizure of your motor car and the daily cost of hiring another - which you'd expect the council to pay - until he told the Newlyn numpties to remove the clamp.

However, you destroyed the padlock, which may be criminal damage. It would be wise, therefore, to obtain another padlock of the same make and model which you can take to the plods with the clamp - and with the full set of keys. If it is possible to obtain a padlock that will open with the same key as that which you destroyed, so much the better; in that case, lock the new padlock on the chain or clamp, keep the keys and deliver the locked clamp to the cop shop, telling them that it "just fell off" and wondering if the clod was entirely sober when he fitted it.


Is the Pope a Papist? msl:

He would be a muppet with less intelligence than a dead amoeba if he did try to take the car.