Advice on Newlyn's tactics...

[mr_g]

Apologies that my first post is looking for advice...

Basically through my own fault Ive managed to get two council tax arrears cases passed to Newlyn and on Tuesday evening returned home from work to find a 'Notice of Enforcement Agent Visit To Your Premises' left, with 'Removal Van Booked 6am' handwritten on the back.
Even though I was pretty much sure that the 'Removal Van' was just a way for them to get me to contact them I called the bailiff directly in an attempt to make a repayment arrangement.

In the telephone conversation with the bailiff I was told that as there are two amounts, £700 and £1300, before any arrangement can be made the largest amount has to be paid in full first. He agreed to delay enforcement on the condition that I call him Friday to make full payment of the £1300 when he would set up an arrangement for the remaining balance.

My intention is to call the bailiff on Friday and offer 3 monthly installments over the next 3 months to pay the whole amount off but can anyone advise of the possible outcome or an alternative method of resolution as Id like to go into the telephone conversation pre-advised!

(A bit of background: Before Newlyn I had an agreement with the Council to pay but due to cash flow problems I couldnt meet the arrangement but in my stupidity didn't contact them and let things snowball! Also, I live in a 2nd floor flat with a secure entrance and drive a company vehicle so enforcement will probably be difficult for them)

Thanks in advance!

[wales01man]

Re: Advice on Newlyn's tactics...

If that's your offer to pay over 3 Months make sure you can afford it. Best to offer what you know is easily affordable or you get back into this situation again.

[mr_g]

Re: Advice on Newlyn's tactics...

Thanks. The issue isn't the affordability it's more whether the bailiff has to accept my offer as he seemed pretty intent on having to have the full £1300.

[Guest]

Re: Advice on Newlyn's tactics...

It's nothing to do with whether the bailiff accepts the offer. Inform the council that is the offer, ask them if that is acceptable and then they will make the bailiff accept it. Remember, the debt is owned by the council at all times, never the bailiff.

You don't have to let the bailiff in, nor can they force entry. Anything you own outside your home is at risk (ie car). An alternative is to not pay anyone at this stage, front out the bailiffs and wait for them to return the account to the council. Whilst waiting for it to return, keep in contact with the council and let them know you will have no dealings with the bailiff.

The fees will be removed, saving you £310, and you can then offer a repayment plan to the council.

If you could afford £500 a month, why did you not offer this to the council before the bailiffs became involved?

[mr_g]

Re: Advice on Newlyn's tactics...

I had an arrangement with the council but as per my original post I had a few cash problems with my work so couldn't keep the arrangement and just buried my head; lesson learnt!
Think il be calling the council today!

[Guest]

Re: Advice on Newlyn's tactics...

I had an arrangement with the council but as per my original post I had a few cash problems with my work so couldn't keep the arrangement and just buried my head; lesson learnt!
Think il be calling the council today!

Yep I realised after I posted. That'll teach me to read a post properly.

My advice is to call the council, apologise for the mix up, inform them the bailiff will gain no entry nor is there anything of value outside, and you want to restart the payment plan.

They will probably fob you off with "it's with the bailiffs, nothing we can do, you have to pay through them". That's wrong - the council cannot refuse payment nor refuse to deal with you direct. Say you'll pay a token amount of £10 a month until the bailiff returns the warrant, then you'll restart the payment plan as before.

[mr_g]

Re: Advice on Newlyn's tactics...

On speaking to the council yesterday they are just referring me back to the bailiff to come to an arrangement with them not the council?

[wales01man]

Re: Advice on Newlyn's tactics...

Read the last paragraph of post 6 the debt is the Councils they cannot refuse payment

[Guest]

Re: Advice on Newlyn's tactics...

Read the last paragraph of post 6 the debt is the Councils they cannot refuse payment

Correct, the debt is owed to the council, not the bailiff. The council tax staff are trained to simply fob you off. Remind them of Regulation 45(3) of the Council Tax (Administration & Enforcement) Regulations 1992.

[mr_g]

Re: Advice on Newlyn's tactics...

I've emailed the council this morning as I couldn't get any sense by telephone. They are saying that in order for the case to be passed back to them I have to pay the bailiffs £395 fees first, is this correct?
Thanks for all your help!

[Guest]

Re: Advice on Newlyn's tactics...

I've emailed the council this morning as I couldn't get any sense by telephone. They are saying that in order for the case to be passed back to them I have to pay the bailiffs £395 fees first, is this correct?
Thanks for all your help!

Nope, they have lied and you now have cause to make an official complaint. They must accept any payment you make to them, and they cannot refuse to deal with you. Email them with the advice I gave;

1 - tell them you will refuse all access to the bailiff;

2 - say you'll pay a token amount of £10 a month until the bailiff returns the warrant, then you'll restart the payment plan as before.

[mr_g]

Re: Advice on Newlyn's tactics...

Ive done that and this was their response:

'Further to your e-mail, we only instruct Enforcement Agents to return cases under exceptional circumstances.

If you wish for the authority to request your account back from Newlyn plc, you would need to clear their fees first. The charges incurred thus far stand at £395.00, and you would need to pay this directly to the bailiff

If you’re unable to pay this sum to the Enforcement Agent; then your account will remain with The bailiff for collection'

How would you advise to continue from here?

[Guest]

Re: Advice on Newlyn's tactics...

The fees of £395 are wrong. Ask for a breakdown.

You are not asking for the account to be returned - you are saying that you will not allow the bailiff any access, and you are under no legal obligation to deal with them. You tell the council that you are perfectly happy to wait until the bailiff returns the warrant to the council voluntarily as 'nulla bona'. There is nothing of value outside that they can take. There is a security door to your flats. They cannot force entry, there is no controlled goods agreement.

In the meantime, you will pay £10 a month online until the warrant is returned, and you will then continue with the repayment plan as previously arranged. It is in their interests to get this back without delay. Pay £10 today, then say you will pay a further £10 on the 28th of each month until the warrant is returned. Remind them that you are not refusing to pay the original debt.

[mr_g]

Re: Advice on Newlyn's tactics...

Have done that, just awaiting their response. The bailiff has rung me this afternoon and left a voicemail asking for payment!

[mr_g]

Re: Advice on Newlyn's tactics...

And this was their response:

'Further to your e-mail. You can make payments to the authority at anytime and no payment will be refused. However, you need to be aware that any payments you chose to make whilst the account is with Newlyn will be offset against their fees first. This is what the law prescribes.

£10.00 per-month could not be accepted formally in any event: as it is less than the ongoing instalments - but payment won’t be refused. You can pay via the council’s website using your account reference number.

If you intend to eventually revert back to the original agreement, you would initally need to pay £1,124.95 (the total of the missed instalments up to and including 28th November 2014). Any agreement would require the overall balance of £1,620.95 to be cleared by 31st March 2015.

Should Newlyn plc return the account, enforcement will move to the committal stage: for you to appear before the Magistrates’ for a means enquiry as to why you have not paid. The authority would require a ‘nulla bona’ certificate (as you mention in your e-mail) before these proceedings can be taken, hence the legal requirement for Newlyn plc to complete their action.

At the hearling, you may be sentenced for a period of up to three-months in prison (if either wilful refusal or culpable neglect is determined) and these proceedings do incur substantial costs. However, prior to such proceedings been taken, you would be given a final opportunity to enter into a payment plan. To secure the councils position, you would need to supply your full employment details, including earnings and employee number. You’re legally obligied to supply this inforation under the provisions of the Liability Order (regulation 36).

In the meantime, Newlyn’s appointed Enforcement Agent will continue to act on the council’s behalf.

I trust this sets out the current position'