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hi I am new to this forum and am having problems with newlyn baliffs any help appreciated my origional council tax bill was £728 passed to baliff who said was £921.19 i contacted them to arrange payments they wanted £150 p month for which i couldnt afford i told them was selling car and would make a payment again they wanted me to enter into paying £150 pm. which i refused i sold my car later that day and payed them £100 online next day another £200 online they wrote to me few days later saying not had any payments and bill now £1,121.72 told them had made payments online i had put wrong ref number on so new charges had occured. i wrote to council asking take debt off baliff or except £50 p.m payed on 29th every month( when im paid) agreed and wrote to newlyns confirming this.I had made paymetns of £300 newlyns sent letter sayiong final removal notice they were disappointed i had made no effot to make payment and were in area may remove goods inclucing car by this time had the agreement with council to pay newlyns are now phoning me to say and that payments have not been made on arranged days, 5/6 days late, i have made payments on date i arranged 29th i have made 3 payments of £50 plus the £300 [ more fees added please advise single parent getting very worried/stressed thanks
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Re: baliff advice needed
Hi v2ali and welcome to Legal Beagles.
I see you have found out what liars, cheats and bullies certificated bailiffs and their employers are. Bailiff fees for council tax debts are regulated by the Council Tax (Administration and Enforcement) Regulations 1992 (as amended). This means that the bailiffs MUST keep to what the law says, not what they say. They are also bound by an other piece of legislation called the Distress for Rent Rules 1988, which regulates what they can and cannot do. If you have the online payment references, quote these to Newlyns.
The threats they have made are unwarranted and unenforceable as it would appear your local authority have agreed to take the debt back under their jurisdiction.
You might wish to note that Newlyns are subject to the conditions of a Category F Debt Collection Licence issued by the OFT. This means that they must not conduct business with people in a way that contravenes the OFT's Debt Collection Guidelines. Failure to comply can result in the licence being revoked or its renewal refused.
If you have already paid £300 to Newlyns, after deduction of their fees, they have to pass any residue to the local authority. Could you please confirm the following in order that a calculation can be made as to what Newlyns should LEGITIMATELY be asking for -
1. The amount of the Liability Order (LO);
2. How many visits (actual visits) have Newlyns made to your home;
3. Have they levied on any of your property?Life is a journey on which we all travel, sometimes together, but never alone. -
Re: baliff advice needed
Hi thanks for responding so quickly the ct amount is £728.69 newlyns stated that lo dated 23/06/11 is £921.19
I have luckly never been home when they have called i've had 2 letters delivered by hand 18th april stating acting on bas council have attended this address today to sieze & distrain possessions to satisfy arrears to avoid further action contact them, did ( see above when spoke them and paid £100 followed by another £200 3/5/12 & 17/5/12) 2nd visit 24th may bill now £1,121.72 same comments as above also attached was a notice of distress but where they fill in the date they wrote 29 day of 5 2012 inventory of goods seized they quote my neighbours bmw. they did not take the car as was still there when i came home work . they have not entered my house or taken any of my goods. if this is what you mean when ask about levied on my property never been home. i have never signed anything from them on 31/5 newlyn sent another letter address to occupier asking if they knew where above named person ( me ) had moved to!! when i contacted them in writing asking about there fees they sent me letter stating c t debt £878.69 1st visit £24.50, 2nd visit £18.00 levy fee £51.03 attendence to remove £125.00 sch 5 section h fee (wat ever this is ) £24.50 balance £1,121.72. now getting red letters form them and phone calls at 8 in the morning im paying htem but they keep adding fees sayin im not making payments on time when agreement states i pay on the 29th the debt is with newlyns as council said couldnt take it back them once baliffs involved hope this gives you more information to assist me with. thank you in advance for any support givenComment
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Re: baliff advice needed
Just for clarification, how many Liability Orders do you have against you? Your latest post suggests two. Could you confirm, please?Life is a journey on which we all travel, sometimes together, but never alone.Comment
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Re: baliff advice needed
it is only 1 liability order the council letter say the amount is for £728.69 gont to baliff but on 1st letter from newlyns they say the amount is for £921.19 im guessing that they have added their fees to this amount all ready sorry if read as 2 ordersOriginally posted by bluebottle View PostComment
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Re: baliff advice needed
If that is what the buggers are doing, they have already tried to overcharge as the Council Tax Collection Regulations do not permit any bas:censored:rd bailiff to charge "administration fees".Originally posted by v2ali View Post
Their subsequent increase is also improper as they appear to have tried to levy on a motor car belonging to your neighbour. Where was that motor car parked in relation to your property and your neighbour's property?Comment
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Re: baliff advice needed
I've had a look at your latest and previous posts and can assure you the fees charged by Newlyns are, to a greater extent, fraudulent and illegal. They have levied on a motor vehicle belonging to a third-party, which is illegal.
What you are liable for is -
Original CT Debt = £728.69
1st Visit Fee = £24.50
2nd Visit Fee = £18.00
Total = £771.19
Less = £300.00
Balance Owing = £471.19
They cannot charge for Attendance to Remove because they did not effect peaceable entry to your home or levy on your goods and cannot charge a Levy Fee for the same reason. They cannot charge Head H Fee as they have not levied on any of your goods.
My advice is to contact your local Law Centre or Community Legal Service office and make an appointment to see one of their legal professionals. They can provide free or very low-cost legal advice/assistance. A solicitor's letter needs to be sent to the local authority involved advising them of the illegal charges their enforcement contractor - Newlyn PLC - are attempting to obtain. The local authority also needs to be informed that £300 has already been paid to Newlyn and, even after deduction of legitimate fees, they should have passed on £257.50 to the local authority. If the local authority has not yet received this sum, they need to speak to Newlyn about this. I am attaching some legislation to this post. Print it off and take to an appointment with a legal professional as this will help them in their approach to the local authority.
The amounts Newlyns are attempting to obtain from you are disproportionate and, as stated above, predominantly illegal.Life is a journey on which we all travel, sometimes together, but never alone.Comment
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Re: baliff advice needed
I live in a small close with 8 houses in a semi circle houses set back from road with car park bays which are NOT allocated my house is on corner semi detached my car was 3 bay from my house neigbours was in 1st bay their other car was in 2nd bay since this I have been parking my car round the block.
I have been keeping all letters from them and when they have left phone messages on bt line have saved them.Comment
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Re: baliff advice needed
You've done all the right things. If you can download the phone messages onto a CD, great. But you do need to speak to a legal professional, as approaching local authorities in this way tends to stop them fobbing you off with "Speak to the bailiff." They take matters a lot more seriously if a solicitor is involved. There is also a procedure called a Regulation 46 complaint under the Council Tax (Administration and Enforcement) Regulations 1992 (as amended). However, this should be the very last resort when all other means of resolution have failed, as you are having a local authority summoned before a District Judge in the Magistrates Court for non-compliance with the law.Life is a journey on which we all travel, sometimes together, but never alone.Comment
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Re: baliff advice needed
I do hope those numpties seize - or steal - the neighbour's motor car. :tinysmile_grin_t:Comment
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Re: baliff advice needed
JBW are already in the brown and smelly stuff with an LA after doing that. Not a clever thing to do and the easiest way to lose a contract if the LA operates a Default Notice system like my LA does.Originally posted by CleverClogs View PostLife is a journey on which we all travel, sometimes together, but never alone.Comment
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Re: baliff advice needed
My LA sent me a 'quakeinyaboots' letter threatening 'furthur recovery' for £12.50 !! The wassock who sent it is no longer in the CT dept. It cost more to pay her wages and post the stupid letter than the debt was worth,,so I arranged to pay 50p a week
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Re: baliff advice needed
Originally posted by CleverClogs View Post
would be very funny if did they did it's his brand new BMW not sure he be happy though he wont have nothing to wash at weekends!!
seriously though i want to thank you all for the respose and support you have all given me it has taken a great weight off my shoulders to know they cannt "bully" me into paying and making these ridiculous charges.im sure they get a "sick kick" out of intimidating people. will seek legal advise monday morning also will be recommending this forum to friends who need advice on any matters. thank you all once again ( any more tips woudl be greatfully appreciated )
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Re: baliff advice needed
Bailiffs needlessly sully the reputations of sadists everywhere.Comment
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