Help with Newlyn please

[Lion-O]

Hi all,

I've had a look around the site and it's very informative, lots of people clearly feel passionate about cases and have awesome knowledge. I couldn't seem to make out from the posts what my first steps should be in my particular case.

Quick background: LB Haringey council instructed Newlyn to collect some outstanding monies on my previous years Council Tax- something to the tune of £280. As soon as I received letter from Newlyn, I setup a payment plan with them of probably £25 ish a week, and it was all going swimmingly. After Xmas I was in a bit of a squeeze (who wasn't) and cancelled my standing order. All good so far...

Got a letter from Newlyn dated 30th Jan, although it arrived more like 5th February saying my outstanding debt was £48 and they were gonna chase me for payment in 7 days. For whatever reason I didn't handle it at the time. 2 days ago (9th Feb) I receive a hand written letter, dated 6th Feb, saying a bailiff came round to remove my goods and I wasn't home so they've just added another £235 to my debt, and to call to pay etc. I was home that day and didn't hear no doorbell or anything at all- I work from home most days. Call I did, and I protested the extortionate fee, the woman on the phone was absolutely not interested in hearing that I was happy to pay the outstanding debt but not the fees.

My question is, what's the next move for me? Obviously mortified at the fees- and not happy to pay them in the slightest.

[Guest]

Re: Help with Newlyn please

Unfortunately, Newlyns did not have to knock your door. The law permits them to charge £235 once they start the process. By delivering the letter, the process has clearly started.

Yours is a classic example of the importance in communicating. Once you begin to fall down the slippery slope, things begin to happen very quickly.

Can you recall receiving a Notice of Enforcement for this debt?

Your only option of avoiding further fees is to sit it out and refuse to let bailiffs in, when they come knocking. The debt will eventually be returned to the council and the remainder of the fees will be wiped out. This method is not a bed of roses and if you own a car, that would also be at risk. For the hassle involved, you might want to take it on the chin & pay the extra £200 odd but if you really want to avoid paying it, it can be done. I have to say though, personally, I would probably opt to pay it & avoid potential hassle further down the line.

[Lion-O]

Re: Help with Newlyn please

Unfortunately, Newlyns did not have to knock your door. The law permits them to charge £235 once they start the process. By delivering the letter, the process has clearly started.

Yours is a classic example of the importance in communicating. Once you begin to fall down the slippery slope, things begin to happen very quickly.

Can you recall receiving a Notice of Enforcement for this debt?

Your only option of avoiding further fees is to sit it out and refuse to let bailiffs in, when they come knocking. The debt will eventually be returned to the council and the remainder of the fees will be wiped out. This method is not a bed of roses and if you own a car, that would also be at risk. For the hassle involved, you might want to take it on the chin & pay the extra £200 odd but if you really want to avoid paying it, it can be done. I have to say though, personally, I would probably opt to pay it & avoid potential hassle further down the line.

Hi L.Bizzy,

Thanks for that- not exactly what I wanted to hear, but I guess it is what it is. Regardless of what the deal is, that fee is extortionate. I will most certainly not be paying it and not letting the bailiffs in the house.

I can't remember receiving any notice of enforcement at all...

[Guest]

Re: Help with Newlyn please

Yes- I'm sorry I couldn't have been more positive for you. Quite often, there is no quick fix or easy solution once enforcement action has begun, even more so now the regulations have changed.

You are not obliged to deal with Newlyns but this will not stop them chasing you. They will have taken their £75 compliance fee out of the money that you paid them. They will have also taken a small percentage of the £235 from the balance, leaving you owing around £200 to Newlyn plus the £48 to the council. If you really want to try avoiding the fee, you should do as follows:

Write to Newlyn, advising that you will not be dealing with them, they do not have permission to enter your home and that all their implied right of access to your property is now removed. Also ask them to forward a copy of the notice of enforcement.

Write to the council, advising that you are not prepared to deal with Newlyn any longer and that they should contact you when the debt is returned so that you can pay the outstanding £48. Also ask the council to send you a breakdown of how the costs for obtaining the liability order were arrived at.

All you do then is sit it out. Newlyn may return, they may not. Your home is protected though and they will not be able to enter. As they can't add any further fees, they may not even bother coming back but you can't guarantee this. Be prepared for a visit and be prepared to tell the bailiff to sling his hook. The biggest risk that you will take in all of this, is if you have a car. If Newlyn are able to get hold of this, it will cost you more money and you will be forced to pay it or face removal/the car being sold at auction.

Once Newlyn give up, the account gets returned to the council, minus any outstanding fees.

Not a bed of roses but this is your only option at this stage. If you decide to go down this route, post back if you need further help.

[josephbloggs]

Re: Help with Newlyn please

I received letter from Newlyn, I setup a payment plan with them of probably £25 ish a week

Notice of enforcement?

[Big Al]

Re: Help with Newlyn please

If it was just a letter through the door, with no knock, it was likely to be someone other than the bailiff who delivered it. If it wasn't the bailiff, the fee has been added unlawfully. Make them prove it was the bailiff who actually posted that letter.

In any case, I say sit it out and let them waste their time.

[Guest]

Re: Help with Newlyn please

You would expect the original letter to be the NOE. Perhaps its just coincidence that the recent visit was 7 clear days from 30th Jan?

[stuuartdavis84]

Re: Help with Newlyn please

First of all I'd contact the council and find out the exact balance you have left to pay them. If you can clear this amount ? Then do it and do it DIRECT to the council and I wouldn't even tell the council at the time because they will only say you need to speak to the debt collection agency, just pay it off with your account number over the counter or payment card etc.
Once you've done this send a email to the debt collectors with proof of payment and confirmation that you are not willing to pay there fees and the account is now settled and up to date.
They can NOT pursue enforcement fees or removal of your property because that can only be enforced to recover the amount owed to the council!!
Hope this helps.. if you can't clear the balance I have some advice for that too but can be hard work but possible

[josephbloggs]

Re: Help with Newlyn please

First of all I'd contact the council and find out the exact balance you have left to pay them. If you can clear this amount ? Then do it and do it DIRECT to the council and I wouldn't even tell the council at the time because they will only say you need to speak to the debt collection agency, just pay it off with your account number over the counter or payment card etc.
Once you've done this send a email to the debt collectors with proof of payment and confirmation that you are not willing to pay there fees and the account is now settled and up to date.
They can NOT pursue enforcement fees or removal of your property because that can only be enforced to recover the amount owed to the council!!
Hope this helps.. if you can't clear the balance I have some advice for that too but can be hard work but possible

oh here we go again, bloody freeman on the land drivel

[stuuartdavis84]

Re: Help with Newlyn please

whats you problem ? i am trying give the person some advice, whats freeman got to do with everything ???

[josephbloggs]

Re: Help with Newlyn please

The word "advice" insinuates what you are saying is correct, which it isn't - as you know, but still pedal wrong info anyway.

[Amethyst]

Re: Help with Newlyn please

Hi guys, Stuarrt I think you have inadvertently poked the wasps nest, this subject has been argued many many times and the theory of paying direct to the council, regardless, and expecting that to sort things out, just doesn't work I'm afraid. The fees are still owed and payable. Different councils deal with it in different ways but the legal situation is that paying the original debt off to the council doesn't just make the EA fees vanish

I have no intentions of having any barney about it I'm afraid so no point, just stating the facts as they are.

Joseph - I don't think you can be so quick to 'label' people - it may have originated in FMOTL ramblings, or it may not, but it has become distributed quite widely on the internet so could really come from anywhere now. I know its been discussed a billion times but it should continue to be explained from the base legislation/regulation rather than simply brushing off as FMOTL b*llocks.

Hope that makes sense and comes across as I meant it to xxxxx

[wales01man]

Re: Help with Newlyn please

Hope its stopped before it gets out of hand between these 2 well done Ame

[josephbloggs]

Re: Help with Newlyn please

Not labelling people at all, its just that the wrong information and poor advice websites seem to completely outweigh decent genuine advice sites, many of which are associated with this backward idealogy

[Amethyst]

Re: Help with Newlyn please

All sorted then I get a lot of peeps who find us AFTER they have found FMOTL sites and have put some complete tosh in to the courts, I NEVER have a go at them, just help steer them the right way again, ok xxx