Newlyn's And overcharging

[cjakg]

After having trouble with council tax payments for this year 2013 and Newlyn’s being involved by the fenland council. And getting the usual harassment by Newlyn’s Bailiff’s. I have sent letter1 that is in the Useful letter/Documents posting. (Which I found very helpful)

I have received a letter back from Newlyn’s today and am posting to see what my next move is and any advice on being over charged by them. The letter is as follows.
RE: Fenland District Council l- Council Tax Debt
Thank you for your recent email requesting a breakdown of fees which we have provided below. We would like to confirm that all fees have been raised and applied correctly in accordance with The Council Tax (Administration and Enforcement) Regulations 1992 – Regulation 45 (As Amended).
Ref: *******
Council Debt £933.98
Visit Fee 1: £24.50 *8^th August 2013
Visit Fee 2: £18.00 *15^th August 2013
Levy Fees: £49.71 *22^nd August 2013
Attendance to Remove Fee: £100.00 *22^nd August 2012
Total Balance: £1126.19
Paid £560.00
Balance Outstanding: £566.19
Please find the reason for each charge below

* The first and second visit fess are charged for a visit to your property .
* A levy is simply the act of identifying and noting any goods which the bailiff reasonably believes to belong to the named debtor. This is calculated as a percentage of the entire debt at the time of the levy.
* Once a levy has been performed no more visits are performed. Any further attendances to the property are considered attendances with a van and as such you are charged accordingly to the fee structure.
The bailiff in attendance was etc. etc.

On no occasion did they enter my house to make the said levy all monies paid have been to the council and are still being paid. (£20.00pw) Should I get in touch with Newlyn’s to ask about what goods the levy was made upon?
Thanks in advance. And keep up the great help and advice to you give to people like myself.

[bluebottle]

Re: Newlyn's And overcharging

If they had a valid and lawful levy, they would leave written evidence of this, listing all items levied upon. Due to the fact they have not gained peaceable entry to your home, you will have to ask them to allude to the items they allegedly levied upon, where the items were located and how the bailiff accessed where they were. I will try and draft a suitable letter for you to send to them later on.

[bizzybob]

Re: Newlyn's And overcharging

Are Newlyn doing an Equita as in frontloading fees before the bailiff has even called?

Perhaps they have levied a random car parked nearby, or even cjakg's motor if they have one and it was parked outside. Either way Newlyn must be put on Strict Proof of levy, and a Formal Complaint may well be one of the next options.

[cjakg]

Re: Newlyn's And overcharging

Thank you Bluebottle for you message. Will look forward to your letter and will get to Newlyn's ASAP.

Thanks bizzybob. Maybe the random car may be an option as I don't own a Car.

[bizzybob]

Re: Newlyn's And overcharging

Thank you Bluebottle for you message. Will look forward to your letter and will get to Newlyn's ASAP.

Thanks bizzybob. Maybe the random car may be an option as I don't own a Car.

If they claim to have levied your car, as you don't own a car then the levy fee and all associated fees are invalid and MUST be removed.

[bluebottle]

Re: Newlyn's And overcharging

Okay. The first thing we need to do is find out whether Newlyns have, in fact, got a lawful levy. As you have said that Newlyns have not, at any time, gained entry to your home, this does bring into question the veracity of their statements and, consequently, the lawfulness of any fees they are claiming.

Before I draft a letter, could you please confirm if a document called a Form 7 - Notice of Seizure was left at your property by the bailiff(s), listing all items that had been levied on. If no such document was left, the veracity and lawfulness of any levy and associated fees immediately comes into question. Could you also please confirm if Newlyns left any documents, in a sealed envelope, on each visit, to say they had called. If not, this brings into question the visits and associated fees.

Finally, are you making payments of arrears directly to Fenland Council or through Newlyns?

[cjakg]

Re: Newlyn's And overcharging

Hi Bluebottle thanks for your post.
We have never received a document called a Form 7 - Notice of Seizure 100% sure.
Cannot find or be a 100% sure that we didn’t get letters for when the bailiffs called on 8^th / 15^th of August saying they have visited. (So feel I will have to pay this)
We have received one sealed letter and one letter out of an envelope from Bailiffs that have called to our house after the 8^th / 15^th and 22^nd of August.
1. Removal of goods notice and 1. Removal notice. Both from Bailiffs not entered on the Statement received from Newlyn’s on the 26/11/2013. (See above) Dates being 18/10/2013 and 5/11/2013
And two letters through the post from them
1. Notice of committal to prison and 1. Notice prior to removal of goods. Dates being 31/10/2013 and 21/11/2013.
None of the letters received have any indication of being a form 7 - Notice of Seizure or a list of goods that have been levied against.
All payments of arrears have been paid and are still being paid directly to Fenland Council.
Thanks again for your help.

[cjakg]

Re: Newlyn's And overcharging

Just received another letter today 27/11/2013
Saying REMOVAL NOTICE
Our bailiffs are currently working in your area and will be attending your property WITH THE INTENTION OF REMOVING THE POSSESSIONS OF (myself) for non-payment of council tax Goods may be removed in your absence.
Should you wish to avoid this distressing course of action, payment must be sent to our office immediately.
Payment can be sent etc. etc.

[bluebottle]

Re: Newlyn's And overcharging

"It's time to play the music. It's time to dress up right. It's time to raise the curtain on The Muppet Show tonight." Any similarity between Newlyns and The Muppet Show is purely coincidental and unintentional. (Forgive me, Jim Henson, for comparing your wonderful creations to a crowd like Newlyns.)

For starters, Newlyns cannot have you committed to prison, only the local authority can and then the courts make them jump through hoops before it comes to that, so the Committal to Prison letter is total codswallop. The Removal Notices are codswallop, too, as they have not gained peaceable entry to your home and obtained a valid and lawful levy. The absence of a Form 7 indicates this to be the case, as they would have left a Form 7 as a record.

[bluebottle]

Re: Newlyn's And overcharging

Now for the letter to Newlyns -

Dear Sirs,

Referencexxxxxxxxxxxxxxxxxxxxxxx

I refer to your letter dated [date] in response to my letter to you dated [date] requesting a breakdown of fees you are asking me to pay in connection with the matter at reference.

You have listed a Levy Fee, but do not appear to have qualified this in any way. Therefore, I require your company to provide me with the following information -

a. Date of Levy;
b. Full list of items levied upon, including colours, description, makes, serial numbers (where applicable), etc.;
c. Where the items levied upon were located on the date of the levy.

I require the above information from your company within seven calendar days of your receipt of this letter.

I look forward to your fullest co-operation in this matter.

Yours faithfully,

.......................

Let's see what they say and take it from there.

[cjakg]

Re: Newlyn's And overcharging

Thanks Bluebottle . Letter sent by email. So will wait to hear from them. Will give them Seven days to reply if nothing heard by email or post I will print and send registered post.
Thanks for the time you have taken to draft the letter it is very much Appreciated

[bluebottle]

Re: Newlyn's And overcharging

Thanks Bluebottle . Letter sent by email. So will wait to hear from them. Will give them Seven days to reply if nothing heard by email or post I will print and send registered post.
Thanks for the time you have taken to draft the letter it is very much Appreciated

You're welcome.

I would also send it as hard copy by Royal Mail tomorrow. That way, if the email disappears into cyberspace, the hard copy version acts as a back-up. Any legal letter or correspondence dealing with a legal matter should always be sent to the other side as hard copy.

[CleverClogs]

Re: Newlyn's And overcharging

I would also send it as hard copy by Royal Mail tomorrow. That way, if the email disappears into cyberspace, the hard copy version acts as a back-up. Any legal letter or correspondence dealing with a legal matter should always be sent to the other side as hard copy.

Though preferably not carved in stone, lest the postman suffers a hernia when delivering it. :rofl:

[CleverClogs]

Re: Newlyn's And overcharging

And two letters through the post from them
1. Notice of committal to prison ... 31/10/2013

As the threat was one that Newlyns could not lawfully make, would that constitute an offence of blackmail?

[bizzybob]

Re: Newlyn's And overcharging

As the threat was one that Newlyns could not lawfully make, would that constitute an offence of blackmail?

The committal to prison letter from bailiffs as if THEY actually had the power to apply for it, is becoming more common. Perhaps it needs its legality testing,