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Re: Newlyns bailiffs
Can my car be clamped anywhere it's found or towed away?
Can my car be clamped anywhere it's found or towed away?
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Re: Newlyns bailiffs
I agree with most of what you have said BB. However, the fact is that Newlyns have done NOTHING wrong. There is therefore no point in taking them to court. The way to resolve this long term is to complain. If enough complaints are received a SI will be written adding in a 'Notice of Visit Form' to the legislation.Originally posted by bluebottle View Post
It is a mad situation, and one of the pieces which needs ironing out.Comment
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Re: Newlyns bailiffs
Even if it goes to court, there is NO statutory requirement for Newlyns to leave a Notice of Visit. Good practice obviously dictates they should, and I'm sure before very long they will start leaving a notice. Your best way forward is to challenge the fee, put Newlyns to proof and complain, they will waive the fee in all likelihood, BUT, and it's a big but .....Originally posted by Donnelly View Post
they will simply return the following day and leave a note of visit through your door.Comment
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Re: Newlyns bailiffs
Wombat
even though they have no client of which they have stated?
they are saying they have visited, when they have not?
Threatened me on the phone saying if I don't pay within a week we will take your goods?
im new to dealing with bailiffs but a few things just don't seem rightComment
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Re: Newlyns bailiffs
None I hope, as long as entry is refused and they don't take control of anything outside like your car. If I were you, if you know you owe the fees I'd pay them reluctantly and put in a complaint about the lack of notice of a visit.
A court would have to go with the legislation, and ridiculously the legislation makes no requirement at all for proof of visit.
It will change given time and enough complaints, and as I said, many enforcement companies are already devising their own forms to cover this. Newlyns are slow off the mark.
As I say I'd pay and complain. The council are vicariously (jointly) liable for Newlyns conduct, but this only means in your case they're joinly liable for them doing nothing wrong. I know it's crazy, but that's how it is at the moment.
Sorry! :beagle:Comment
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Re: Newlyns bailiffs
Do they have to accept any form of repayment offered?Comment
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Re: Newlyns bailiffs
No, they don't have to accept an offer. If you make a reasonable offer, it is likely you could argue your case, but again it would mean entering into a proper agreement with them, thus letting them into your house to take control of goods (rather like a secured loan).
They are supposed to accept a sensible repayment plan, but will probably refuse it to start with.Comment
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Re: Newlyns bailiffs
So if I agree to pay the £75 they then have to prove the visit fee?????
as regards to the council like I said before they are saying the matter is with the bailiffsComment
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Re: Newlyns bailiffs
The council are correct in that you should deal with the enforcement company. If the EA's are unreasonable with you or breach legislation then the council are vicariously liable.Originally posted by Donnelly View Post
They do not have to prove the visit fee, but it is likely they would waive it (purely going from what has happened in other similar cases), then return the following day and put a note through your door if you are not there. If you are there they would try to gain peaceful entry or levy on goods outside (usually a vehicle).
Here's a link to the relevant section of legislation. It's easy reading. You'll see that the government have totally omitted any reference at all to debtors not being in when the EA visits, and there is no mention whatsoever of any notice being left. It's mad!
http://www.legislation.gov.uk/uksi/2...94/part/2/madeLast edited by Wombats; 25th June 2014, 15:08:PM.Comment
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Re: Newlyns bailiffs
The motor gets parked away from my house anyway but iv heard of people saying they can take or clamp it anyway, any truth in that?Comment
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Re: Newlyns bailiffs
So with them telling me they are coming TODAY for the last 3 days and iv had no one come could it be that they maybe looking into the "supposed visit"?Comment
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Re: Newlyns bailiffs
LOL! I doubt it - that it true to form for any EA / bailiff. The idea is to terrify 'customers' into paying up I think - scare tactics!
Have you actually complained about the lack of proof of visit yet? If not, I would do - make sure it's in writing so you have evidence.Comment
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Re: Newlyns bailiffs
Sorry - I missed this one, crossed posts I think. Can you clarify, "Even though they have no client of which they have stated" please.
As for the rest, the simple question is do you have proof they didn't visit? Do you have proof of the phonecall threats? That is why we always suggest things are done in writing, you have a paper trail then.
Originally posted by Donnelly View PostComment
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Re: Newlyns bailiffs
The client being LBBD for the sum of £310 but when I've spoken to LBBD my debt with them is clear as the fine was payed to them. The letter newlyns sent still had them as a client which was sent after a phone call I had with saying I did not employ them and LBBD have broken their contract with you as they have excepted payment from me, chanced saying that and they ended the conversation
no recordings of the phone callsComment
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