Newlyn's And overcharging

[cjakg]

Re: Newlyn's And overcharging

Have been reading other forum post and this link was given https://www.gov.uk/government/upload...ax_Arrears.pdf have tried to access this but only get the 404 error. If anyone can give another link it would be appreciated .

[CleverClogs]

Re: Newlyn's And overcharging

https://www.gov.uk/government/upload...CT_arrears.pdf

[cjakg]

Re: Newlyn's And overcharging

Hi Everyone :santa_smiley:

Have received a reply from Newlyn's in reply to the letter drafted by bluebottle and sent by email. It transpires that the levy I am being charged for was on a car parked outside my house lol. So as I don’t own a car or have anything to do with this car what do you think my next move should be?
Thanks in advance.


Here is the link to see pic of reply
http://s1372.photobucket.com/user/cj...tml?sort=3&o=0

[CleverClogs]

Re: Newlyn's And overcharging

It is difficult to imagine what their threatened "further action" might be, other than to claim to have levied distress on another vehicle that their performing jackanape thought might belong to you, whilst singularly failing to leave a Form 7 Notice of Seizure.

Were one at all cynical, one might suspect that this had been a "drive-by levy" of the sort carried out by the infamous John Boast and others of his ilk - without bothering to stop for more than a minute or two at the most, they just jot down the registration details of any motor-car they claim to have seen near the debtor's property, then fill in the form later so they can claim their cut of the fees.

[wales01man]

Re: Newlyn's And overcharging

Next a bailiff will levy his own car to get fees from someone and the company would agree with it?

[ploddertom]

Re: Newlyn's And overcharging

Hi Everyone :santa_smiley:

Have received a reply from Newlyn's in reply to the letter drafted by bluebottle and sent by email. It transpires that the levy I am being charged for was on a car parked outside my house lol. So as I don’t own a car or have anything to do with this car what do you think my next move should be?
Thanks in advance.


Here is the link to see pic of reply
http://s1372.photobucket.com/user/cj...tml?sort=3&o=0

Have you informed them the vehicle is not yours, ask them to do a simple DVLA check. You should also insist that they remove the levy and ALL associated charges.

[bluebottle]

Re: Newlyn's And overcharging

Before you follow Ploddertom's advised course of action, contact DVLA Data Access Unit and enquire as to whether anyone has made an enquiry about the white Peugeot in the last 90 days. You only need to know if anyone has, at this stage. Then ask Newlyns if they conducted a check with DVLA and the date they made the enquiry with DVLA. Should be interesting to see what they say.

For a bailiff to claim they "believed" a vehicle belongs to a debtor is, in my view, disingenuous, at the very least, playing with fire, at worst. If the bailiff then tries to enforce fees, knowing he has not conducted any checks as to ownership of a vehicle, figuratively speaking, he could be reporting to A & E as he is asking to get his hands burned.

[CleverClogs]

Re: Newlyn's And overcharging

It may be interesting to check whether the vehicle with the cited registration number is, in fact, a white Peugeot. It's so easy to make a mistake as one drives by...

It should also be interesting to learn what possible explanation/excuse Screwlyns would use for their oaf's failure to leave a Form 7 Notice of Seizure.

Screwlyns will probably aver once more that the bailiff just needed the reasonable belief that a motor-car parked in the road belonged to the debtor and that DVLA checks would only be needed if the vehicle was to be removed.

[bluebottle]

Re: Newlyn's And overcharging

It may be interesting to check whether the vehicle with the cited registration number is, in fact, a white Peugeot. It's so easy to make a mistake as one drives by...

It should also be interesting to learn what possible explanation/excuse Screwlyns would use for their oaf's failure to leave a Form 7 Notice of Seizure.

Screwlyns will probably aver once more that the bailiff just needed the reasonable belief that a motor-car parked in the road belonged to the debtor and that DVLA checks would only be needed if the vehicle was to be removed.

Sooner or later, Cloggy, I can see Newlyns seriously dropping themselves in the sewage effluent so deeply they cannot get themselves out of it. Their disingenuous and seriously-questionable practices are going to be the downfall, not only of individual bailiffs in their employment, but the company and its management, also. It is a case of "What goes around comes around."

[bizzybob]

Re: Newlyn's And overcharging

It may be interesting to check whether the vehicle with the cited registration number is, in fact, a white Peugeot. It's so easy to make a mistake as one drives by...

It should also be interesting to learn what possible explanation/excuse Screwlyns would use for their oaf's failure to leave a Form 7 Notice of Seizure.

Screwlyns will probably aver once more that the bailiff just needed the reasonable belief that a motor-car parked in the road belonged to the debtor and that DVLA checks would only be needed if the vehicle was to be removed.

They will try to use Observer v Gordon as a defence and get a severe tolchock from a judge or the LGO one of these fine days. In one case i heard of a bailiff claimed he can have any motor, and if the bailiff sold it for the debt, the debtor would be liable to pay the owner it's value when he was challenged over the ownership, Mind you he will be able to take anyones motor after April under the new interpleader rules, and if innocent can't pay the fees and debt into court it is kerching for the bailiff. Milo is working on that one.

[cjakg]

Re: Newlyn's And overcharging

Before you follow Ploddertom's advised course of action, contact DVLA Data Access Unit and enquire as to whether anyone has made an enquiry about the white Peugeot in the last 90 days. You only need to know if anyone has, at this stage. Then ask Newlyns if they conducted a check with DVLA and the date they made the enquiry with DVLA. Should be interesting to see what they say.

For a bailiff to claim they "believed" a vehicle belongs to a debtor is, in my view, disingenuous, at the very least, playing with fire, at worst. If the bailiff then tries to enforce fees, knowing he has not conducted any checks as to ownership of a vehicle, figuratively speaking, he could be reporting to A & E as he is asking to get his hands burned.

Thanks for your reply bluebottle :santa_smiley: Would the DVLA give me information on a car that i have no right to inquire about ? and if so would they tell me if Newlyn's had inquired about the said vehicle?
Thought being that if somebody else has inquired about the car and i was told this but not who had inquired it would be presumptuous of me to think it was Newlyn's . Also 90 days from today's date takes me back to 12th September? When they levied the car on 22nd August so not sure if this will get me anywhere.
Thanks again for your help:santa_smiley::santa_smiley:

[bluebottle]

Re: Newlyn's And overcharging

They will try to use Observer v Gordon as a defence and get a severe tolchock from a judge or the LGO one of these fine days. In one case i heard of a bailiff claimed he can have any motor, and if the bailiff sold it for the debt, the debtor would be liable to pay the owner it's value when he was challenged over the ownership, Mind you he will be able to take anyones motor after April under the new interpleader rules, and if innocent can't pay the fees and debt into court it is kerching for the bailiff. Milo is working on that one.

Unlikely to be kerching for the bailiff, BB, as there is no provision within the new legislation which provides legal protection for bailiffs against being sued by third parties. HCEOs can go scuttling off to a Court Master at the High Court for protection, but have done so too often and the Court Masters have gotten wise to it. It is my understanding that an HCEO who has fouled-up is not likely to be granted protection where it is evident they acted recklessly or carelessly. Global levying is, in my view, reckless conduct and any HCEO who engages in global levying should not be granted protection from legal action from third parties whose property the HCEO has wrongfully levied upon and seized. If anything, I can see bailiffs being less likely to seize third party goods if they know the third party can sue them for any fees they attempt to extract from the third party or the replacement costs. I sincerely hope Milo is successful in persuading the muppets who drafted the legislation to insert sanctions for bailiffs who seize third party goods without checking ownership. One solution might be to empower law enforcement professionals to seize a bailiff's certificate, together with a provision to suspend the bailiff's ability to act as a bailiff, including invalidating any levies they may already have. Obviously, a court would have to decide whether the bailiff gets their certificate back.

[bluebottle]

Re: Newlyn's And overcharging

Thanks for your reply bluebottle :santa_smiley: Would the DVLA give me information on a car that i have no right to inquire about ? and if so would they tell me if Newlyn's had inquired about the said vehicle. Yes, you can make such an enquiry as, in your case, it relates to a judicial/legal matter. At this stage, it only needs to be established if any enquiry has been made in respect of the vehicle.

Thought being that if somebody else has inquired about the car and i was told this but not who had inquired it would be presumptuous of me to think it was Newlyn's It will depend on the number of enquiries made. If only one enquiry had been made, then it would be reasonable to assume it was Newlyns, but, then, challenging Newlyns as to whether they made enquiries with DVLA, on what date and if they used an intermediary to make the enquiry is the only way to confirm whether they are being straight with you or being disingenuous.

Also 90 days from today's date takes me back to 12th September? When they levied the car on 22nd August so not sure if this will get me anywhere. Didn't pay attention to the date. In that case, widen the scope of the enquiry to the last 180 days.

Thanks again for your help:santa_smiley::santa_smiley:

Response in red text.

[cjakg]

Re: Newlyn's And overcharging

Hi Everyone :santa_smiley:
Just checking is the posting of a form 7 and a DVLA vehicle check a legal requirement that Newlyn's should have done? :santa_smiley::santa_smiley:

[bluebottle]

Re: Newlyn's And overcharging

Hi Everyone :santa_smiley:
Just checking is the posting of a form 7 and a DVLA vehicle check a legal requirement that Newlyn's should have done? :santa_smiley::santa_smiley:

Form 7 is a legal requirement. DVLA check is done if Newlyns don't want matters to come back and bite them on the backside. The onus is on Newlyns and their bailiff to prove they have a lawful levy. If they cannot, they are stuffed.