Newlyn's And overcharging

[cjakg]

Re: Newlyn's And overcharging

Will get that hard copy sorted and sent asap. Thanks

[cjakg]

Re: Newlyn's And overcharging

Bluebottle .Will get that hard copy sorted and sent asap. Thanks

[cjakg]

Re: Newlyn's And overcharging

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

lol. :tinysmile_twink_t2:

[cjakg]

Re: Newlyn's And overcharging

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,

The committal to prison letter from Newlyn's always contains the word MAY in the wording further down and is a standard letter sent out by Newlyn's. I was told this by Fenland Council when I received this as I phoned the Council when I received the letter.

[bluebottle]

Re: Newlyn's And overcharging

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

In order to prove the offence of Blackmail the following elements must be present and capable of proof -

a. that a demand is being made (It is immaterial what the person making the demand requires the person they are making the demand of does.);
b. that the demand is unwarranted (This means that the person making the demand has no right in law to make the demand. Mere belief of a right in law is not enough.);
c. that menaces (threats) are being used as a means of enforcing the demand; and
d. that the use of menaces are not a proper means of enforcing the demand.

If these elements are present and capable of proof, the offence is complete. The maximum penalty on conviction on indictment is a term of imprisonment not exceeding 14 years. What sentence a blackmailer can expect to receive from a court depends on -

i. the nature of the demand;
ii. the threats being used to enforce the demand;
iii. the lawfulness of the demand;
iv. the propriety of the use of threats;
v. the effect the demand and use of threats has on the victim;
vi. the offenders' antecedents (previous history).

The average sentence for an offender of previous good character is 2-3 years imprisonment. For more seasoned offenders, the average sentence is 5-6 years imprisonment. However, these figures are averages. Actual sentences imposed will be determined by the issues listed in i - vi and any other issues the trial judge deems relevant.

Blackmail is regarded as an attack on the very soul of a person as it exploits their vulnerabilities. And whilst this may sound callous, there is nothing more satisfying than seeing a blackmailer being lead away after being sentenced to start their sentence.

In the specific instance you cite, Cloggy, that is, Newlyns threatening to have the OP committed to prison in order to force them to pay CT arrears, whilst there is a provision under the Council Tax (Administration and Enforcement) Regulations 1992 that permits the local authority to seek an order from the Magistrates Court committing a CT debtor to prison, only the local authority has the lawful authority to make this threat, not Newlyns.

Looking at Newlyns behaviour in the cold light of day, if CT arrears and lawful fees are outstanding, then whilst they may feel they have a right in law to make such a threat, realistically, it is not enough to constitute an offence of Blackmail. However, if CT arrears and lawful fees have been made and Newlyns are using threats to enforce unlawful fees, then, yes, an offence of Blackmail may well have been committed. The offence of Blackmail is committed by an individual or individuals. There is not, to the best of my knowledge and belief, any provision in law, at present, that enables a body corporate to be prosecuted for an offence of Blackmail.

[bluebottle]

Re: Newlyn's And overcharging

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,

To the best of my knowledge and belief, BB, bailiffs have no right or authority in law to make such a threat. Only a local authority has the lawful authority to make such a threat as the provision under the Council Tax (Administration and Enforcement) Regulations 1992 relates to local authorities, not their enforcement agents.

If I was asked to give a hard and fast answer as to what transgression a bailiff or bailiff company had committed by sending or posting a letter threatening to have someone committed to prison when they had no lawful authority to make such a threat, then I would say that there may be a possible breach of Section 1, Malicious Communications Act 1988 (Sending a Letter Containing A Threat). The usual excuse bailiffs use when confronted about such letters is, "They can be committed to prison." My answer to that is, "Maybe so. But do you have lawful authority to make that threat?" Some more brazen individuals will try and claim they do, but when you explain to them that only local authorities can make that threat, not them, they either turn and walk away or go very quiet. That is what has happened in the instances I have experience of with neighbours' CT issues.

[cjakg]

Re: Newlyn's And overcharging

Have been trying to upload a jpeg of the letter for you to see .But seem unable to do this.

[CleverClogs]

Re: Newlyn's And overcharging

Have been trying to upload a jpeg of the letter for you to see .But seem unable to do this.

Obliterate any personal data from the image, save it, upload it to photobucket and post a link (the "Direct" link) to the file.

[cjakg]

Re: Newlyn's And overcharging

Thanks CleverClogs Done as instructed so here is the link .Hope it works

http://s1372.photobucket.com/user/cj...62950.jpg.html

[bizzybob]

Re: Newlyn's And overcharging

It is a ThreatOgram similar to those full of ifs buts and maybes that Crapita aka TVL use, Screwlyn probably rely on the last paragraph, "we must advise you that subsequent action by the council MAY involve committal to prison......." to keep them the right side of the law... Just

[CleverClogs]

Re: Newlyn's And overcharging

It is a ThreatOgram similar to those full of ifs buts and maybes that Crapita aka TVL use, Screwlyn probably rely on the last paragraph, "we must advise you that subsequent action by the council MAY involve committal to prison......." to keep them the right side of the law... Just

So why is it headed "NOTICE OF COMMITTAL TO PRISON" - especially if what they meant was that they were giving up and passing it back to the council?

[bizzybob]

Re: Newlyn's And overcharging

So why is it headed "NOTICE OF COMMITTAL TO PRISON" - especially if what they meant was that they were giving up and passing it back to the council?

Because the tw*ts are as slimy as TVL so will use every intimidatory tactic they can to get someone to engage with them, even though there is no legal compulsion to do so. It is there last gasp attempt to get a debtor to beg them to come in, levy and screw loads of fees from them, even if they don't owe any as the debt was long settled.

Time for a recorded call to Screwloose to ask them what the feck they are playing at! Now what accent should I use? Brixton, Jamaican, Indian Irish or Welsh?

[CleverClogs]

Re: Newlyn's And overcharging

Time for a recorded call to Screwloose to ask them what the feck they are playing at! Now what accent should I use? Brixton, Jamaican, Indian Irish or Welsh?

Oirish - and pretend to be "as tick as two planks".

[bizzybob]

Re: Newlyn's And overcharging

Oirish - and pretend to be "as tick as two planks".

Oill do dat Sorrrr

[cjakg]

Re: Newlyn's And overcharging

Received email from Newlyn's in reply from one I sent yesterday regarding Levy cost. So at least they have acknowledged they have received it.

Newlyn Reference:
Council Reference:

Dear,

Arrears of: Council Tax debt owed to Fenland District Council
In the Name of:
Total Outstanding: £

We acknowledge receipt of your recent email received by this office.

We are currently in the process of investigating the circumstances surrounding this matter and will respond to you during the course of the following 10 days.


Yours Faithfully


NEWLYN PLC


Also had a Bailiff put a letter through my door saying he had called to levy goods and chattels. Had to laugh to myself as Newlyn's are trying to charge me for doing the thing he called to do.