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Newlyn PLC Bailiff issues

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  • Newlyn PLC Bailiff issues

    Hi all,
    My first time to the site and my first post, so sorry to just straight away post for info.

    Basically My partner and I split up in Dec 2013 and we agreed she would pay the council tax arrears. We were in arrears for approx £600 but we stopped it going to court, paid £150 costs and agreed a monthly figure. Somehow she didn't pay it until the end of January, all paid off now, but somewhere in between Newlyn has picked up the debt and now I have a bailiff visiting me at my new address.

    Wow it seems we now owe them £1031!

    After receiving a second letter from Newlyns, I tried to talk to them on the phone and explain that the council tax was paid off 6 weeks ago etc..... Im sure if you know this company you can imagine the reception I got, " you still owe the debt, bailiff is coming in the morning, seizure of possessions etc. Was not in the slightest bit interested to listen at all, negotiate, compromise, whatever!

    My issues are as follows:
    1. My biggest concern is access to the property as I have no guarantee of stopping them gaining entry. I live in a shared house with 12 other occupants and people are coming and going all the time.
    2. My Landlord will probably serve me notice if he finds out they are visiting the property, hence I can not communicate with my house mates too much on the matter. At the moment I am just about winging it!
    3. How can I effectively communicate with this company to figure out the correct charges we owe and how can I make an attempt to set up a payment plan with them without talking to them on the phone or having to talk to some individual in my door way!
    4. Just realised another issue, there are 3 cars parked in the front patio/drive area none of mine of course , so speed is of the essence now as I have read some horror stories of them clamping any old car at the property regardless.

    Whilst I try and figure the best way to deal with this. if they do gain entry to my room, I only have (of any worth) 1 x display monitor approx £80, 1 x printer approx £50, and a new laptop that I have on pay monthly with Three. Everything else in the room belongs to the landlord. So whats the situation here? Can they take my laptop, printer and display?

    I am really worried and need to try and get a grip on this situation asap, I would really appreciate some helpfull insights , information about my best course of action!

    Best wishes and thanks in advance to all replies!
    Last edited by JackB; 13th March 2014, 21:05:PM. Reason: added 4.
    Tags: None

  • #2
    Re: Newlyn PLC Bailiff issues

    Have you checked with the Council to make sure your liability has been cleared in full. If so and it was done before any visit by Newlyn tell them they must call the dogs off as they are ultimately responsible for employing them in the first place.

    Comment


    • #3
      Re: Newlyn PLC Bailiff issues

      Hi Ploddertom,
      Yeh My ex-partner tried that but Harrow council just said the account is up to date they shouldn't need to contact you for anything else. Otherwise they said they would NOT contact Newlyn.
      Also to be perfectly honest I am fairly certain the total bill was paid after the first letter was received.
      Cheers

      Comment


      • #4
        Re: Newlyn PLC Bailiff issues

        You need to establish at what point the account was paid. Harrow are not the best of Councils to deal with and also operate a "kickback" with Newlyn who pay a %age of fees collected back to the Council.

        Comment


        • #5
          Re: Newlyn PLC Bailiff issues

          Harrow must do better than that, after all they employ the bailiff, not the other way round.

          If your account is up to date then the councilmust call the bailiff off!
          The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

          A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

          A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



          It's a dirty job, but someone got to do it!

          My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

          Comment


          • #6
            Re: Newlyn PLC Bailiff issues

            Originally posted by Sir Vere Brayne d'Emmidge View Post
            Harrow must do better than that, after all they employ the bailiff, not the other way round.

            If your account is up to date then the counci lmust call the bailiff off!
            But then the council wouldn't get their 8% kickback from any fees lawful or unlawul

            Comment


            • #7
              Re: Newlyn PLC Bailiff issues

              Hi,
              I found the Useful letters section and have sent off a request to Newlyns for A Breakdown of Charges by email.
              I also contacted Harrow Council today and asked them to confirm some dates for me and give me an idea of why Newlyns are asking for so much money. (None of this has been confirmed in writing , its only what the lady said on the phone!)
              1. She confirmed the account was up to date and at zero from 27th Feb
              2. She confirmed that my ex-partner had contacted them and agreed to make 2 payments back on the 27th Jan, of which she made the first payment on that day.
              3. She confirmed after looking at Newlyns website that they were still asking for the full amount of council tax previously owed plus their own charges.
              4. She confirmed that Newlyns had NOT been informed of the arrangements or the payments made.
              5. She confirmed that Newlyns had put a levy charge of over £200 on the account dated 12th Feb.
              6. She stated that she would inform her manager and get it escalated and that Newlyns would be informed. (What does that mean really?)

              Just to put things into order these are the dates of the events so far.

              25th Jan - 1st Bailiffs letter received at my address.
              27th Jan - 1st payment to Harrow Council.
              12th Feb - Levy charge added to account.
              17th Feb - 2nd Bailiffs letter received at my address.
              27th Feb - 2nd Payment made.
              12th Mar - 3rd Bailiffs Letter at my address.

              Im hoping that I have a case for just paying for 1 letter and at worst 2 letters but not the levy as this is down to Harrow Council not informing Newlyns of the arrangements and also I do not know what they have levied on, but I am still waiting for Newlyns to send me the breakdown of charges. I do not own a car and have very little possessions! The only thing I can imagine is they have somehow gained access to my shared house and levied some of the kitchen items? Its the only room thats not locked! Or presumed one of the cars outside belongs to me.

              What is my next course of action here? Do I need to get some confirmation in writing from Harrow Council about the above dates etc and what should I do with Newlyns now?

              All replies gratefully received!!!
              Cheers!!

              Comment


              • #8
                Re: Newlyn PLC Bailiff issues

                You must get the information that the woman from the Council gave you on the phone in writing.

                Then forward a copy to Newlyn and politely tell them the seek recourse with the Council.

                Newlyn is also at fault, as with Council Tax Arrears they must keep in touch with the Council just in case (as in yours) the defaulter has made any payments after the Liability Order was issued.

                You are (probably) responsible for the first visit, i.e.£24, but no more.
                The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

                A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

                A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



                It's a dirty job, but someone got to do it!

                My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

                Comment


                • #9
                  Re: Newlyn PLC Bailiff issues

                  "You are (probably) responsible for the first visit, i.e.£24, but no more" [@ Sir Vere]

                  Probably not, if it was paid in full bedfore Newlyn called and the council firked up by not telling the bailiffs the debt was xero. More likely scenario is Harrow wanted their cream off any fees Newlyn could extort.

                  Comment


                  • #10
                    Re: Newlyn PLC Bailiff issues

                    The reason I am saying "probably" is because if the bailiff visited the OP on the same day the last payment was made to the Council that fee is lawful.
                    The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

                    A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

                    A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



                    It's a dirty job, but someone got to do it!

                    My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

                    Comment


                    • #11
                      Re: Newlyn PLC Bailiff issues

                      Thanks for the replies, much appreciated!
                      I sent the council a breakdown of the telephone conversation and asked them to reply within 7 days to confirm the details.

                      I am not too fussed about paying for one or 2 visits, my biggest concern is them coming back to the property and clamping someone or getting access to the house and the whole thing escalating into something it just does not need to be!
                      I dont want to phone Newlyns again, that is just a fruitless exercise, shall I send them an email? Will that slow them down while I get the evidence together?

                      I suppose I will just have to wait for the council to reply and hope I can get Newlyns to settle down!

                      Any further thoughts?
                      Cheers!

                      Comment


                      • #12
                        Re: Newlyn PLC Bailiff issues

                        Hi,
                        I received a reply from the council, and now I am not sure how to proceed because they are basically saying that because I didn't pay Newlyns direct its my fault they were not informed!
                        Makes me mad that he says to contact Newlyns to appeal the fees! Seriously!
                        The email response is below:

                        Dear Mr ****,

                        Thank you for your email and apologies for the delayed response.

                        I can also confirm that your account 7163*** is up to date and has a zero balance from 27th February 2014. As your account was passed onto Newlyn Bailiffs on 13th January 2014, the debt should have been settled with them directly. The reason that the Bailiff fees continued despite making payments is that Newlyn were unaware of this.

                        The fees for Newlyn are still outstanding and if you wish to appeal against them, please contact Newlyn on 01604 633 001.

                        Kind regards,
                        ******
                        Revenues Officer


                        I feel that the council have a duty to inform Newlyns that the account has a new agreement or has been settled because they hired them in the first place. So how do I go about this without getting into a lengthy email tennis game and also the problem I am facing now is this bailiff is calling and texting my mobile.

                        Any quick replies would be most appreciated!
                        Thanks!

                        Comment


                        • #13
                          Re: Newlyn PLC Bailiff issues

                          Turn it into a Formal Complaint by writing to the Council CEO. It certainly smacks of miscommunication between the two & as expected the Council believes the sun shines out of the Bailiffs proverbial. Just ensure when you write you make it known that if not satisfied you will take it to the LGO.

                          Comment


                          • #14
                            Re: Newlyn PLC Bailiff issues

                            Originally posted by JackB View Post


                            I feel that the council have a duty to inform Newlyns that the account has a new agreement or has been settled because they hired them in the first place. So how do I go about this without getting into a lengthy email tennis game and also the problem I am facing now is this bailiff is calling and texting my mobile.
                            You are absolutely right, The Council employs the bailiff, they must communicate to the bailiff if any payments have been made towards the account.

                            Also it is the bailiff duty to get in touch with the council, prior to visiting the defaulter, to find out what is the outstanding balance.

                            Since the account was cleared just before, or coinciding, with the first visit you might be liable for the first visit only.....I repeat might....but only if there was no sufficient time for the council to receive the payment and the bailiff setting off to nab you.

                            Do what Ploddertom suggested, it's the best course of action.
                            The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

                            A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

                            A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



                            It's a dirty job, but someone got to do it!

                            My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

                            Comment


                            • #15
                              Re: Newlyn PLC Bailiff issues

                              Thanks for both replies!!

                              Here is my reply email below, hopefully this will get them to communicate and Newlyns will just send me a new bill for the first and second letter, I figure though this is not going to be the end of it and I am going to end up paying more money than I need to. I really can not believe how absurd this has all become. To top it off I just had another text message saying they are "visiting the property at 16:30hrs to remove goods even in your absence"!




                              Dear Mr *****,
                              Thank you for your response to my complaint.
                              However, I am not at all happy with the response I have received and would like to escalate my complaint to the next level within the councils complaints procedure.


                              My reasonings for this are because you have stated that I should have made the payment to Newlyns for the amount they were asking for.


                              I tried on several occasions to speak with Newlyns and explain to them that the account had been settled and an agreement between yourselves the council and Miss **** ***** had been reached.
                              The council and Newlyns have failed at any point in the last 6 weeks to communicate effectively with each other. The council hired Newlyns and therefore I believe if circumstances have changed then this should be communicated by you to Newlyns. I also believe that Newlyns have failed to follow procedure and get an update on the outstanding balance.


                              I can not contact Newlyns as they DO NOT believe me that the council tax account has been settled because you have not informed them of such. I am no longer willing to have them write absurd letters to me, send me silly text messages and keep calling my mobile phone.


                              Once I have exhausted the full Council complaints procedure it will be my intention to take this case to the Local Government Ombudsman.


                              I would like to receive a reply within 48hrs please.


                              Best wishes
                              **********


                              Cheers Guys

                              Comment

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