Newlyn are chasing me!!

gingernut65 · 10th March 2008, 22:02

I took the advice on here and wrote to newlyns asking for a break down of their charges. I recieved their reply today.
They have charged for the supposed 2 visits, 2 levy fees even though they have never gained entry to levy and 2 lots of enforcemnets fees at £105 a time. My question is can they charge me 2 levy fees? even without gaining access? and what is the enforcement fee?
Just want to be sure of my facts before I write back to them. They qouoted the Admin and enforcement act to me but I dont see these fees there.

tomtubby · 11th March 2008, 00:55

Fees are wrong.

You need to send a letter ASAP to say that you dispute that the bailiff has ever "levied" upon any goods. Ask him for details but do not be surprised if they respond to say that they have levied upon a vehicle in your driveway.

Van fee/enforcment fee is really an "attending to remove " fee (ATR).

However for this to apply, there must first be in place a VALID levy, which is disputed. Crucially, for the collection of Council Tax, a bailiff may only charge 2 van/enforcement/attending to remove fees but on the second one......goods actually need to have been removed !!!

Let me know the response you receive.

Saffronflowers · 11th March 2008, 08:53

Ask Newlyn what they actually levied they should provide this if not then there has been no valid levy.

SFx

tomtubby · 11th March 2008, 09:06

Just a small tip. In a number of cases such as this it is not uncommon for the bailiff to drive past your house and record the number plate of a vehicle in your drive AFTER their office have received your letter.

This was made clear to us just days ago when a bailiff co responded to a client with a similar request only to find that they had levied upon a courtesy car loaned to the client 2 days earlier.

Saffronflowers · 11th March 2008, 09:31

TT - me thinks we are thinking along the same lines!!!

SFx

gingernut65 · 11th March 2008, 10:11

Thanks for the replies. I have written to them saying I dispute these fees and have copied the council into the letter. I do not have a drive way so they would be hard pushed to levy a car there. I had offered to pay £100 a month but they have refused wanting 3 payments of £592

I f i could pay this i wouldnt be in debt would i. I will continue to pay the council direct online and hope they will take the debt back. Do you know what happens when I have 2 accounts, do they split the payments ive been making between the 2 or will they take them off the oldest debt?
Thanks again for your help.

tomtubby · 11th March 2008, 10:28

Just remember that if a payment arangement is set too high, you will somehow manage the first payment and be late with the next one. This will then trigger a "Removal Notice" which in turn will allow the bailiff to legally charge an "Attending to Remove fee".

It is so obvious.

Remember the bailiff will only be able to earn £24.50 for a first visit and £18.00 for a second visit. If this money goes to the actual bailiff, where do you think his company are going to earn any money ?

THEY EARN THEIR MONEY FROM:

VAN FEES/REMOVAL FEES/ATTENDING TO REMOVE FEES.

Insisting on such a high monthly payment is a sure way of getting a van fee very soon !!!

PizzaMaker · 11th March 2008, 11:23

Quote:

Originally Posted by tomtubby

Just remember that if a payment arangement is set too high, you will somehow manage the first payment and be late with the next one. This will then trigger a "Removal Notice" which in turn will allow the bailiff to legally charge an "Attending to Remove fee".

It is so obvious.

Remember the bailiff will only be able to earn £24.50 for a first visit and £18.00 for a second visit. If this money goes to the actual bailiff, where do you think his company are going to earn any money ?

THEY EARN THEIR MONEY FROM:

VAN FEES/REMOVAL FEES/ATTENDING TO REMOVE FEES.

Insisting on such a high monthly payment is a sure way of getting a van fee very soon !!!

A bailiff does not earn £24.50 nor £18.50.

The councils agree a ATR/Van Fee with the bailiff company and they are allowed to charge up to 3 of these on any one case. The bailiff would probably be earning 33% to 50% on the fees charged on any particular case.

tomtubby · 11th March 2008, 23:29

Councils do in fact agree these charges...whether they are legal or not.

What most people are unaware of is that for the collection of Council Tax bailiff companies may only charge TWO van/removal fee but if a second charge is made.....goods MUST actually be removed.

PASTTACTICS · 12th March 2008, 22:35

Quote:

Originally Posted by tomtubby

Councils do in fact agree these charges...whether they are legal or not.

What most people are unaware of is that for the collection of Council Tax bailiff companies may only charge TWO van/removal fee but if a second charge is made.....goods MUST actually be removed.

go tomtubby

gingernut65 · 13th March 2008, 01:20

Again thanks for the replies. So if a levy has not been taken, can they still charge a van fee? And can they charge these fee's for each account. They have 2 of mine, so does this mean they need to do 2 levys and 2 separate visits for each 1 or can they count 1 visit as 2, if you get my drift. If thats the case they want to charge me £210 for knocking on my door.

gingernut65 · 13th March 2008, 01:30

Just another question. So what happens if I cant agree to their payment terms? Im not going to agree to more than £100 per month cos I really cant afford to and they wont accept my offer. What then? They claim to have visited twice and charged me £42.50 for each account and then these enforcement fees which im assuming means van visits. Are you saying that any visit he makes now unless he actually removes goods he can not charge for legally?

tomtubby · 13th March 2008, 09:21

These fees are totally incorrect

Inform them in writing that you have concerns that they have been applying fees that are NOT according to statutory regulations and that they CANNOT apply an Attending to Remove charge UNLESS they have a VALID levy which they do not.

Insist that the charge is refunded and that they provide proof of any "levy".

gingernut65 · 13th March 2008, 19:40

Thanks TT.

gingernut65 · 16th March 2008, 19:22

Can they levy on Hubby's signwritten work van? it is obviously needed for his business as a painter and decorator and he could not carry out his work without it. My car is under finance with another 18months left to pay can they touch it?

gingernut65 · 17th March 2008, 19:02

An update.
Another visit from Newlyns today. Again they did not gain entry, hubby spoke to bailiff outside. He remembered what id told him and refused to enter into conversation. He was handed a removal of goods notice but no levy has been taken. They say they are returning on Weds morning are claiming they MAY remove goods in our absence. Theft i believe if they havent already gained peaceful entry, which they havent.
I have also received a letter from the council supplying me with info requested about amounts owed. They have taken the payments ive made so far off the oldest account, leaving an amount on that liability of £45.00. Ive just paid that online and have emailed requesting confirmation of that liability being paid and requesting that they inform Newlyns of this. Newlyn want to charge me £183.50 in fee's on this account. I believe they can only charge for 2 visits £42.50, is this right? Ive told the council i will deal with Newlyns fee's direct with Newlyn. Am I correct in that this liability is now finished? Just got to clear 07/08 now.

gingernut65 · 17th March 2008, 19:09

Tomtubby just tried to send you a PM. You are full.

tomtubby · 17th March 2008, 23:16

My mail box should be empty now.

gingernut65 · 20th March 2008, 08:20

Thanks TT.

gingernut65 · 26th March 2008, 13:47

Another update andf a need to check my facts before i go back at newlyn. Received a letter from them today in answer to my disagreeing with fees they want to charge. I have had 2 visits from them, they have never gained entry. We do not have a driveway and my car was not parked in the road. So as far as i can tell they have not levied. they have certainly never left any info saying they have. Todays letter claims a levy has been taken on a car and because it was reasonable for them to assume it is mine they can charge an enforcement fee and a levy fee. Is

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