Urgent help needed with Newlyn Bailiffs

[Deelightful]

Hi,

I am in desperate need for help regarding Newlyn Bailiffs.

Short story - we got into arrears with Coventry City Council for Council Tax. Newlyns got involved. We received a notice of intent from them which included a levy against my car posted through the letter box.
I have never signed a walk in possession and they have not entered our property at any point.

I paid the arrears to Coventry City Council in full directly to CCC. They have confirmed to me that there is no outstanding balance and Newlyns fees have not been paid by them.
Newlyns are chasing us for £239.06 for their fees although on the Removal notice they posted today, it still states that its for the liability order on behalf of Coventry City Council.

Husband rang the rep who then turned up at the house. Husband refused to let him and spoke to him on doorstep. The rep admitted the balance was their fees but insisted that he could take goods for it. Husband argued and the guy said he would be back tonight to remove goods. I have previously asked for proof of their fees but never received anything. As far as I know, they have visited once before tonight. Both times we have been in but they've just pushed letters through the letterbox.
PLEASE can someone help. I'm worried sick. I've previous posts and I'm lost as to what to say to them or what law I can quote to stop them.
LI did send a message a while ago before Christmas to the site owner but never heard anything from her.
Thanks
Dionne

[bluebottle]

Re: Urgent help needed with Newlyn Bailiffs

Newlyns can enforce their fees, but only lawful fees. They cannot enforce fees that are excessive, fraudulent or not provided by legislation.

Regardless of any claims or threats, Newlyns must provide a breakdown of fees. They are legally-obliged to provide a breakdown if required to do so.

From what you have said, it sounds like they are only entitled to 1 x Visit Fee @ £24.50 and 1 x Visit Fee @ £18.00, making a total of £42.50. Any other fees they insist they are entitled to will most probably come from the Brothers Grimm Book of Bailiff Fees, that is, fictitious. On such a small amount, levying on a car would be an Excessive Levy, especially if the car is worth more than £425.00 as per Glass's.

This bailiff is seriously pushing it and if he is not careful, he is in danger of putting his certificate at risk. Your OH might like to mention to him in passing that the courts can revoke a bailiff's certificate without a Form 4 complaint and a hearing. If the bailiff challenges this, just mention that it was at Bournemouth and Poole County Court in 2012. The legislation that allows the courts to do this is the Civil Procedures Rules 1998.

Hope this helps.

[CleverClogs]

Re: Urgent help needed with Newlyn Bailiffs

I'm just astonished that Newlyns have not - yet - threatened bankruptcy proceedings over the alleged debt. :grin:

[bizzybob]

Re: Urgent help needed with Newlyn Bailiffs

I'm just astonished that Newlyns have not - yet - threatened bankruptcy proceedings over the alleged debt. :grin:

There is still time for Screwlyn to say they are soing just that.

I suggest OP offers them the £42.50 as their legitimate fees, and puts them on Strict Proof for the others as per BB.

[Sir Vere Brayne d'Emmidge]

Re: Urgent help needed with Newlyn Bailiffs

Hi,

I am in desperate need for help regarding Newlyn Bailiffs.

Short story - we got into arrears with Coventry City Council for Council Tax. Newlyns got involved. We received a notice of intent from them which included a levy against my car posted through the letter box.
I have never signed a walk in possession and they have not entered our property at any point.

I paid the arrears to Coventry City Council in full directly to CCC. They have confirmed to me that there is no outstanding balance and Newlyns fees have not been paid by them.
Newlyns are chasing us for £239.06 for their fees although on the Removal notice they posted today, it still states that its for the liability order on behalf of Coventry City Council.

Husband rang the rep who then turned up at the house. Husband refused to let him and spoke to him on doorstep. The rep admitted the balance was their fees but insisted that he could take goods for it. Husband argued and the guy said he would be back tonight to remove goods. I have previously asked for proof of their fees but never received anything. As far as I know, they have visited once before tonight. Both times we have been in but they've just pushed letters through the letterbox.
PLEASE can someone help. I'm worried sick. I've previous posts and I'm lost as to what to say to them or what law I can quote to stop them.
LI did send a message a while ago before Christmas to the site owner but never heard anything from her.
Thanks
Dionne

Would it be possible for you to tell us what fees are they charging you for?

And the value of the car would be good, glasse's guide, trade in lowest price will be fine.

[Deelightful]

Re: Urgent help needed with Newlyn Bailiffs

Hi all,

thank you for the replies. I'm sorry I haven't replied. I was so worried about the bailiffs coming over the weekend that I moved to my sisters as my husband was working and I couldn't face dealing with any confrontation.
I have returned home this morning and no further letters until 5 minutes ago when I received a text message saying

"BAILIFFS DUE TO ATTEND TO REMOVE GOODS EVEN IN YOUR ABSENCE TO STOP CALL 07964574677 NOW"

i have sent the following reply to the text

"You are legally obliged to supply a complete breakdown of your costs. This has been requested three times but not given"

Sir Vere Brayne - I have no idea what the fees are for?
as far I am aware, they have visited our property twice and that's it.

The value of my car is probably about £1k (trade in)

To say I'm a bundle of nerves is an understatement. I have my curtains closed with the doors locked.

will they really break in for a £239.06 "debt" or take my car?

[bizzybob]

Re: Urgent help needed with Newlyn Bailiffs

Will they take your car? If they can see it they will levy it for sure, will they break in No they cnnot do that at this stage, will they remove goods in your absence, they will levy anything left lying around in the garden like furniture etc, so make sure valuable stuff is locked away; you need to send letter 1 from here

http://www.legalbeagles.info/forums/...Useful-Letters

by email first and by post

they MUST send you a breakdown. I would suspect Screwlyn have possibly levied a car, maybe not yours, but keep them out keep your car away, and demand that breakdown.

[Deelightful]

Re: Urgent help needed with Newlyn Bailiffs

Thank you Bizzybob,

it is my car that's been levied as it was on the drive when they visited the first time but I will hide it away. Thankfully we have a shared access to back gardens through locked gates (which nobody hardly uses except us) so the bailiffs shouldn't be able to seize the car. As for garden furniture etc, our side gate is always locked and as previously said, the gardens are only accessible by locked gates.

If "Screwlyn" do provide the breakdown, what would our next course of action be?
thanks again x

[bluebottle]

Re: Urgent help needed with Newlyn Bailiffs

Thank you Bizzybob,

it is my car that's been levied as it was on the drive when they visited the first time but I will hide it away. Thankfully we have a shared access to back gardens through locked gates (which nobody hardly uses except us) so the bailiffs shouldn't be able to seize the car. As for garden furniture etc, our side gate is always locked and as previously said, the gardens are only accessible by locked gates.

If "Screwlyn" do provide the breakdown, what would our next course of action be?
thanks again x

Work out what they are lawfully entitled to charge, then give them and the local authority hell over it. The levy on your car may well be invalid and/or unlawful, in which case, they are stuffed.

[CleverClogs]

Re: Urgent help needed with Newlyn Bailiffs

it is my car that's been levied as it was on the drive when they visited the first time

That seems a bit naughty. Was it seized on that first visit?

Thankfully we have a shared access to back gardens through locked gates (which nobody hardly uses except us) so the bailiffs shouldn't be able to seize the car. As for garden furniture etc, our side gate is always locked and as previously said, the gardens are only accessible by locked gates.

Are the gates topped with razor wire and electrified?

If "Screwlyn" do provide the breakdown, what would our next course of action be?

Apart from fainting from the shock?

Check them through, of course, then tell the Head of Revenues at Coventry City Council are at it again.

[Sir Vere Brayne d'Emmidge]

Re: Urgent help needed with Newlyn Bailiffs

Thank you Bizzybob,

it is my car that's been levied as it was on the drive when they visited the first time but I will hide it away. Thankfully we have a shared access to back gardens through locked gates (which nobody hardly uses except us) so the bailiffs shouldn't be able to seize the car. As for garden furniture etc, our side gate is always locked and as previously said, the gardens are only accessible by locked gates.

If "Screwlyn" do provide the breakdown, what would our next course of action be?
thanks again x

If they levied on your car the first time they came they can not charge for a visit fee as well as....keep your property out of reach and pester them for a breakdown of fees, tell them quite frankly that you will pay their fees once they have justified them.

And to repeat what BizzyBob wrote, they can not break in, cut padlocks or any type of forced entry, if they do then call the Police, 101 to report a crime that has happened or, if they are in the process of doing it 999.