Advice on Newlyn's tactics...

[Guest]

Re: Advice on Newlyn's tactics...

The law does not prescribe what they are saying. Ask them to point out which law they mean. (I know they will say reg 13 of the Taking Control of Goods Regs 2014 - this is the part about what happens should proceeds from the sale of goods is less than the debt; it has nothing to do with direct payments, but they like to think it does)

You won't go to prison as you are not refusing to pay, and to threaten you with that is atrocious behaviour from a public body, and is another addition to any complaint you make.

As they have now said that they will pass on money to the bailiff, you can now say you will pay nothing until the warrant is returned, but will set aside the money until it is returned. It makes no difference - the bailiffs still cannot force entry or force you to pay them.

It seems you are dealing with a particularly nasty council, or a nasty person. Don't let them intimidate you. Remind them you are not refusing to pay the debt. How many payments did you miss?

I don't know what your income levels are. If they are low, remind them that if an attachment of earnings is applied for, the law states that this will go on your ability to pay rather than the size of the debt, and it would take longer for them to be repaid.

You've mentioned that you would have paid the bailiff around £600 a month; can you afford that? If so, put that aside and wait for the warrant to be returned, then pay it directly to the council. Never deal with the bailiffs.

[mr_g]

Re: Advice on Newlyn's tactics...

Ok, an update since Ive posted, please bear with me!
I had a call earlier from a with-held number, normally I don't answer but my work phone diverts to my mobile so took it anyway, and it was the bailiff!
He was calling for payment so, rightly or wrongly, I went on a little fishing trip with him.
Firstly I told him I was unable to make the full payment of £1300 and that the council had told me that I could pay his £395 fees for the case to be returned, he denied this.
Then I told him I was unable to make the full payment but could make a smaller payment of say half. His reponse was that he could take it but it wouldn't stop the removal team attending at 6am tomorrow. I said Id have to take my chances and he started backpedalling.
'Just out of interest, how much could you pay today and how soon could you make a payment?'
Conveniently if I make a payment tonight of £600 he could 'stop the removal thats booked for 6am tomorrow and put the office off until next Thursday' by telling them Id paid the remaining £700 by cash and he hadn't banked it. But the latest I could pay the remaining £700 is Thursday! I said Id make those payments and hung up with absolutely no intention of doing any of what Id agreed..

My thoughts now after reading G-Mans last post are to have no further telephone conversations with the bailiff. Im assuming that they can't break in to seize goods so Ive got no worry there. Il keep avoiding them until it goes back to the council and at which point when the council write to me, Il pay the full amount to them? Do I need to contact the council now or as Ive stated my case to them can I wait until the warrant returns to them?

Ive got to say a big thanks for all the help, its much appreciated and if anyone needs any inside information on the used car sales world, let me know! :tinysmile_twink_t2:

[Guest]

Re: Advice on Newlyn's tactics...

If the bailiffs cannot gain entry (and they can't take the car as it's not yours), there is nothing, absolutely nothing they can do, no matter what they threaten you with. They are full of bluster and false threats. It is a civil debt, and if they gain no entry, tough.

If you're using a mobile, download an app that records the calls.

If you can endure the hassle for a while, eventually the bailiff will tire and return the warrant. You can then pay the council what you owe, or clear the amount they are asking for, if that's what you can afford. Stick the money in a savings account and get the interest on it whilst you wait!

[mr_g]

Re: Advice on Newlyn's tactics...

When we are talking about gaining entry there is a 'trade' button on the entry system that would get them into the building, but they can't force entry into my flat if there's been no peaceful entry can they? I've never and I will never let them in!

[Kati]

Re: Advice on Newlyn's tactics...

When we are talking about gaining entry there is a 'trade' button on the entry system that would get them into the building, but they can't force entry into my flat if there's been no peaceful entry can they? I've never and I will never let them in!

For CT debts, if the bailiff has not been allowed entry to your property (and communal areas of a building do not count) then they cannot force entry. They are only allowed to enter "peacefully" through a "normal means of entry" (no climbing through windows etc...)

You won't be sent to prison (that's for those who refuse to pay)

[Guest]

Re: Advice on Newlyn's tactics...

The door to the flats s not the door to your property. Gaining entry to the communal areas do not count as gaining entry to your flat. Your property starts at the door to your flat. Make sure it is always locked.

As kati says, prison is for those who refuse to pay, and even then that rarely happens. That's why it makes the news when it does happen to someone as it is so rare. It's appalling the way you have been so menaced by the suggestion. They don't like it up 'em!

[mr_g]

Re: Advice on Newlyn's tactics...

Thanks both, and thanks once again for all your help!!

[Milo]

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.

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.

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'

The response from the local authority is absolutely correct and has been debated on this forum many times (and sadly the subject is the cause of many arguments on here and on other forums).

The new regulations are very clear indeed in that from any payment made (whether to the local authority or the bailiff company) the Compliance Fee of £75 is first deducted and the remaining part of the payment is split on a 'pro rata' basis and is allocated towards the debt to the local authority and the remaining bailiffs fees.

As I have said above, this subject sadly provokes arguments but during the past month or so many local authorities are now getting much tougher indeed on debtors who pay the council direct after a warrant has been issued as they are of the opinion that the real reason for making payment to the local authority is simply to avoid bailiff fees. Consequently,letters such as the one that you have copied above are now becoming commonplace.

PS: You have mentioned above that you have a company vehicle. A possible problem that you could face is that the local authority could now apply for an Attachment of Earnings Order for the could tax arrears to be deducted at source from your employer.

[Guest]

Re: Advice on Newlyn's tactics...

Sorry Milo, but you need to read the thread thoroughly. The OP has been advised to wait until the bailiff gets fed up and returns the warrant. In the meantime, the OP will set aside the money needed to clear the £1125 the council want to enable the payment plan to re-start. There is nothing outside they can take, and they can't force entry.

The OP has been advised to pay no money at present. Once the warrant is returned, the bailiff fees die and the OP can pay the council.

An AOE would be no bad thing anyway, as bailiff fees are not included.

[Guest]

Re: Advice on Newlyn's tactics...

The new regulations are very clear indeed in that from any payment made (whether to the local authority or the bailiff company) the Compliance Fee of £75 is first deducted and the remaining part of the payment is split on a 'pro rata' basis and is allocated towards the debt to the local authority and the remaining bailiffs fees.

I have a FoI from my local council that disagrees with that.

[Wombats]

Re: Advice on Newlyn's tactics...

Hi G-Man,

Is it possible to post up a copy of the FOI request please?

There is a poster on another forum called Outlawla who also posts on here under a similar name. They have submitted over 30 FOI requests ALL of which respond backing up what Milo has stated. It would be interesting to see the reply, and to contact them to find out why they see things differently to most councils in England and Wales.

[Guest]

Re: Advice on Newlyn's tactics...

Hi G-Man,

Is it possible to post up a copy of the FOI request please?

There is a poster on another forum called Outlawla who also posts on here under a similar name. They have submitted over 30 FOI requests ALL of which respond backing up what Milo has stated. It would be interesting to see the reply, and to contact them to find out why they see things differently to most councils in England and Wales.

Hi Wombats. I am more than willing to post it up, but I am disturbed by your intent. I take the implication that you wish to 'correct' my local council, that you want them to change their stance. Why is that?

[Milo]

Re: Advice on Newlyn's tactics...

Sorry Milo, but you need to read the thread thoroughly. The OP has been advised to wait until the bailiff gets fed up and returns the warrant. In the meantime, the OP will set aside the money needed to clear the £1125 the council want to enable the payment plan to re-start.

An AOE would be no bad thing anyway, as bailiff fees are not included.

I don't know what your income levels are. If they are low, remind them that if an attachment of earnings is applied for, the law states that this will go on your ability to pay rather than the size of the debt, and it would take longer for them to be repaid.

You've mentioned that you would have paid the bailiff around £600 a month; can you afford that? If so, put that aside and wait for the warrant to be returned, then pay it directly to the council. Never deal with the bailiffs.[/QUOTE]

I have read the thread properly.

The advice to wait until the bailiff gets fed up and returns the warrant is not the advice from the local authority. It is your personal advice

I cannot see anywhere where the debtor has stated that he will be setting aside payments. I have seen that this is a suggestion of yours.

I personally would not be stating on a forum that bailiff fees are not included in an Attachement of Earnings Order as currently this subject is one that is being clarified by government.

You have stated that if an Attachment of Earnings is obtained this will be on the 'ability to pay. This is not correct. The actual deductions are in accordance with statutory regulations.

[Wombats]

Re: Advice on Newlyn's tactics...

Hi Wombats. I am more than willing to post it up, but I am disturbed by your intent.

Why?

I'm interested to see it. You have no cause to be worried.

[Guest]

Re: Advice on Newlyn's tactics...

Because of your next sentence;

It would be interesting to see the reply, and to contact them to find out why they see things differently to most councils in England and Wales.