Waiting for confirmation of fees from Newlyn, can bailiff still come?

[flip2000b]

I paid half of a council tax bill and then sent a letter to Newlyn requesting a breakdown of all fees charged and the original debt (which they are claiming they didn't receive) so I did not pay the remaining balance. I have the recently had a call from a bailiff asking for the remaining payment, I advised I was waiting for confirmation of all fees and debt etc. he has taken off a load of fees down to £42.50 and I have them advised him that I want everything in writing before I pay. He said contact the office which I did and they have said they will send something out but if I am going to wait for the letter they may still send a bailiff to my property and may incur additional fees. Are they legally allowed to do this? I have no problem paying and have already shown willing by paying half and have the money to pay this but I am not happy just handing it over without knowing what it is for?

Grateful for any advice. Thanks!

phil

[bluebottle]

Re: Waiting for confirmation of fees from Newlyn, can bailiff still come?

Is it unreasonable to withhold payment until a local authority's contracted enforcement agent proves -

a. their fees are lawful and lawfully incurred;
b. what the original debt was; and
c. that they have lawful authority to collect the alleged debt?

No. It is not unreasonable. You have a right to ensure you are not being mislead or deceived, either by the local authority or their contracted enforcement agents, and, certainly, to ensure you are not being charged fees you are not legally liable to pay and that the contracted enforcement agent has a right in law to collect. You are withholding payment, that is, delaying payment until you are presented with proof that it is due, not refusing payment. There is a difference.

Is Newlyns' threat to send a bailiff round and charge fees for doing so reasonable? In my view it is not reasonable for them to make such a threat. They have removed fees which, I suspect, they did because there are unable to prove the fees are in accordance with legislation or have been lawfully incurred. As you have stated you will pay on being presented with proof, there really is no need for them to make a visit. Under these circumstances, any visit on their part could be seen to be unnecessary and, quite possibly, vexatious.

[Sir Vere Brayne d'Emmidge]

Re: Waiting for confirmation of fees from Newlyn, can bailiff still come?

The bailiff should have left a list of the fees incurred and possibly hint at what future fees might amount to every time they visit a property to enforce a Warrant/Order, if they have not done this you owe nothing!