Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder Paul12345 Novitiate

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    Default Newlyn Debt Collectors - Notice Of Distress

    Hello,
    I am having trouble with this debt collectionicon agency and I am in need of advise. This is the story as it stands.

    1. We left our old apartment in April 2009 - Rang the local council to let them know and got verbal confirmation that we didn't owe any outstanding council tax.

    2. We got a letter in January 2010 from Newlyn Debt Agency explaining that we owed one month (April) of council tax of 112 pounds. Plus 138 pounds for a bailif charge.

    3. We contacted them and they said that due to ignoring repeated letters from the council about un paid tax for the month of april, our case has been handed over to them (newlyn).

    4. We promptly contacted our old council and explained that we phoned them telling them that we were moving and did we owe anything, as i have already mentioned but they claim they have no record of it.

    5. The council claim that they run the land lord the day after moved out looking for a forwarding address. In my mind, this provides proof that we did call them as how else would they know we moved apartment.

    6. the council claim that our old landlord got back to them on July 2009 with address and they posted out a letter on 04/Sept/2009 to our new apartment which we never got. This was the only effort on the councils part to contact us, they didn't try to ring us or send us registered mail. Just the one letter. Even though Newlyn said after "repeated efforts" to contact you.

    7. They gave our case over to Newlyn on 24/11/09.

    8. We went through our bank records to see could we match up the amounts. One of our old flatmates is not contactable at the monent so we have accepted that we will have to pay the 112.


    9. On Jan 27 of this year we got a "NOTICE OF DISTRESS" from Newlyn saying :
    Take notice: by virtue of the Authority of a Magistrates court liability order dated Jun 8, 2009 and obtained by and with the authority or tower hamlets I have this day attended the premises to sieze and distrain upon goods for the sum of 385.57 pounds.

    unless said sum is paid five days from this date (06/02/09) the goods will be sold. They claim they seized a TV - nothing was taken.

    10. From this letter is seems that they were in our apartment when we weren't there. I am no lawyer but im sure this is not legal.

    11. We called the council again today and they said:
    1.They have no record of us calling to say we’re moving
    2.They sent a letter on 04/08/09 to say that we owed council tax
    3.They gave our account over to the debt collection agency on 24/11/09
    4.She confirmed we only owe £249 and not £385. We should not sign anything with Newlyn. They’re just adding illegal extras on.
    She’s frozen our account for 14 days so we have this time to sort it out

    12. The break down of the 385 is: 112 tax, 178 bailiff charge and 95 court costs.

    The first we heard of oweing council tax was this Janaury and now we are being hassled by Newlyn for amounts that seem to change per week.

    I would appreciate any advise on how to handle this situation.

    in short, we will pay the 112 but don't see any reason why we should have to pay court/bailiff costs due to the fact that the single letter the council sent us got lost in the post.

    Thank You
    Paul




  2. #2
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    Default Re: Newlyn Debt Collectors - Notice Of Distress

    i will try to have this put into council tax section as you will get more specialised help there, also i know you can insist that the council take this account back and come to an arrangement to pay them, it is going to be difficult to get the charges removed though not impossible..hang fire and i will alert site team for you


  3. #3
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    Default Re: Newlyn Debt Collectors - Notice Of Distress

    did newlyns actually attend your property with view to sieze, if not and they do attend where you live, on NO circumstances allow them to enter your property, they can only do that with a court order, if necessary discuss it through the letter box, but dont let them in


  4. #4
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    Default Re: Newlyn Debt Collectors - Notice Of Distress

    To the Council Recoveries Department
    “I have recently received a visit from Certificated Bailiffs for XXXX Borough Council advising that we owe £xxxxx in Council Tax. I am not certain that these figures are correct and have asked them for an explanation. I would be grateful if you could let me have my arrears balance as soon as possible.
    I am in no way trying to evade my responsibilities but would like to sort this matter out amicably.
    I will not be paying any monies to the Bailiff but will be paying to the Council direct in instalments/one payment. (delete as required) starting at the end of this month.
    yours faithfully
    xxxxxxxxx


    send above to council asking for breakdown of what is owing, and offering to pay the council. even if its monthly



  5. #5
    Basic Account Holder Paul12345 Novitiate

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    Default Re: Newlyn Debt Collectors - Notice Of Distress

    Hey,
    The second letter we got claimed that they did attend the property but it was posted in an envelope through the letter box. It also claims that our TV was seized and will be sold in 5 days if we don't settle our bill. Was a little bit confused with that. It was properby scare tactics right?

    My flatmate was talking to the council today and they said that all they sent was one letter as they had to hire someone to "find us" so that took 3 months. We feed very hard done by these bailiff fees. The council claims that they got our new address in august and sent us the one letter and handed off our account to the debt collectorsicon. in three months they sent us one letter.

    If we can get our account back in the hands of the council, will that negate the bailiff charges?

    thanks for the help


  6. #6
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    Default Re: Newlyn Debt Collectors - Notice Of Distress

    to be honest i don't really know the answer to that question. you could always dispute the bailiff fee's have a look at the bailiff section in the forums to have a look at how to do that.. if you cannot find post here again and i will see if i can track down any info for.. or someone else may look in who are a bit more clued up on this than i am


  7. #7
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    Default Re: Newlyn Debt Collectors - Notice Of Distress

    Hey,
    The second letter we got claimed that they did attend the property but it was posted in an envelope through the letter box. It also claims that our TV was seized and will be sold in 5 days if we don't settle our bill. Was a little bit confused with that. It was properby scare tactics right?

    Has the bailiff been in your house the only legal way a bailiff can levy a TV is if they have entered your property

    bailiffs fees are £24,50 1st visit £18 2nd visit any visit by a bailiff that incurs a fee

    the bailiff must at the time of this visit leave a hand delivered telling you they have been the name of the bailiff and the fee charged for this visit


  8. #8
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    Default Re: Newlyn Debt Collectors - Notice Of Distress

    before distress the council should send you a letter


    The Council Tax (Administration and Enforcement) (amendment) Regulations 1998
    STATUTORY INSTRUMENTS No. 295



    Information preliminary to distress
    45A. - (1) No distress shall be made under these regulations unless, no less than 14 days before a visit in connection with the distress is first made to the premises where it is to be levied, the authority have sent to the debtor written notice of the matters specified in paragraph (2) below.

    (2) The matters are -

    • (a) the fact that a liability order has been made against the debtor;

      (b) the amount in respect of which the liability order was made and, where this is a different amount, the amount which remains outstanding;

      (c) a warning that unless the amount specified has been paid before the expiry of 14 days beginning on the date of the sending of the notice, distress may be levied;

      (d) notice that if distress is levied further costs will be incurred by the debtor;

      (e) the fees prescribed in Schedule 5 to these Regulations;

      (f) the address and telephone number at which the debtor can communicate with the authority."



  9. #9
    Basic Account Holder Paul12345 Novitiate

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    Default Re: Newlyn Debt Collectors - Notice Of Distress

    Hey,
    There is no levy charges on the letter they sent. I think it was written that way to scare us into thinking they were actually at our property. My main beef with this issue is that the council only tried to contact us once to let us know but they claim thats all they have to do.


  10. #10
    Basic Account Holder Paul12345 Novitiate

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    Default Re: Newlyn Debt Collectors - Notice Of Distress

    Hey,
    We are due to ring the council again today to fight our case with another person, because god forbid we speak to the same person again.

    Anyway, I was wondering in regards to the above advise from Debt4Get, is it our legal right that we can ask the council to take the account back from the debt collectorsicon so it cuts them out of the issue?

    Secondly, in your experience, is it worth arguing that since we never recieved the letter stating what hallowitch posted, that the regulation wasn't upheld as our first exposure to the problem was with the debt collector? I would assume that the letter they would send out should be able to be tracked? Could we demand proof that he was delivered to our apartment?

    Many thanks for the help already given.


  11. #11
    Basic Account Holder ss002d6252 Novitiate

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    Default Re: Newlyn Debt Collectors - Notice Of Distress

    Anyway, I was wondering in regards to the above advise from Debt4Get, is it our legal right that we can ask the council to take the account back from the debt collectorsicon so it cuts them out of the issue?
    Nothing to stop you asking but they dont have to return it.

    Secondly, in your experience, is it worth arguing that since we never recieved the letter stating what hallowitch posted, that the regulation wasn't upheld as our first exposure to the problem was with the debt collector
    Proof of postage by the council is classed as proof of receipt unless you can prove it was received.


  12. #12
    Basic Account Holder Paul12345 Novitiate

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    Default Re: Newlyn Debt Collectors - Notice Of Distress

    Okay,
    Not what i wanted to hear but thanks for the help.

    Cheers.


  13. #13
    Basic Account Holder nyok Novitiate

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    Default Re: Newlyn Debt Collectors - Notice Of Distress

    Hi,
    I have today received a notice of distress from newlyn for unpaid council tax and I am worried sick especially as the letter which was put through my letter box listed my car as goods seized and distrained to the notice. They have given me 5days to pay the amount in full and have not taken my car as yet. I had a summons in December for outstanding balance of £404.84 due in council tax and was told to make £130.0 and £133.0 in four instalments this includes £125.o court summons cost by 15/03/2010. I have not been able to make this payments due to severe financial hardship but I have every intention of paying just not been able to. However today's notice of distress by newlyn is asking that I pay £760.34 in 5 days which include bailiff charge of £230.50. Honestly speaking I do not have such funds in my account and have no way of raising such money in short notice. I am a single mother and this has got me and my son so worried all day. Please help us.

    Nyok


  14. #14
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    Default Re: Newlyn Debt Collectors - Notice Of Distress

    Quote Originally Posted by nyok View Post
    Hi,
    I have today received a notice of distress from newlyn for unpaid council tax and I am worried sick especially as the letter which was put through my letter box listed my car as goods seized and distrained to the notice. They have given me 5days to pay the amount in full and have not taken my car as yet. I had a summons in December for outstanding balance of £404.84 due in council tax and was told to make £130.0 and £133.0 in four instalments this includes £125.o court summons cost by 15/03/2010. I have not been able to make this payments due to severe financial hardship but I have every intention of paying just not been able to. However today's notice of distress by newlyn is asking that I pay £760.34 in 5 days which include bailiff charge of £230.50. Honestly speaking I do not have such funds in my account and have no way of raising such money in short notice. I am a single mother and this has got me and my son so worried all day. Please help us.

    Nyok
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