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 Tariq2009 Novitiate

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    Default Newlyn Bailiffs

    my council tax account was passed to the newlyn but i have cleared the councill tax account but battle with bailiff is going on they trying to charge 162.50 .

    i covered my self by sending them proof that my car is private hire but they keep saying they still can clamp my car but can not take it .
    i also told them not to visit my house as my wife has mental history and she is till seeking some counseling for it and they said we will visit tell your wife not to open the door

    where before they was sending me the letters with both our names now they only start sending letters only stating my wife's name
    only.

    i am attaching recent letter they send me and in this they also said ( Goods maybe removed in your absence )

    they never got levy on items as we never had them visit physically let them in or open the door for any bailiff so how can they say goods maybe removed in your absence .

    please help me thanks




  2. #2
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    Default Re: Newlyn Bailiffs

    money all paid to the council and just bailiff fees owing?

    The most they can charge with no levy is 24.50 first visit and 18.00 second visit

    they cant levy on goods just to cover there fees the liability order/warrant is satisfied

    Bailiffs are relying on fear and intimidation thinking you will pay up

    Get on to local MP and to council to get a breakdown of there agents fees

    That seams a standard letter

    Bailiffs on to a looser no levy they cant take car

    they have no levy no right of entry


  3. #3
    Basic Account Holder Tariq2009 Novitiate

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    Default Re: Newlyn Bailiffs

    i did get mp on the case let me find the letter and attach it


  4. #4
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    Default Re: Newlyn Bailiffs

    Send this letter to Newlyn by recorded delivery

    To:
    Acme Bailiff Co
    Bailiff House

    Ref: Account No: 123456

    Dear Sir

    With reference to the above account, Can you please provide me with a breakdown of the charges.

    This includes:
    a - the time & date of any Bailiff action that incurred a Fee.
    b - the reason for the fee.
    c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
    d - the name(s) of the Court(s) the Bailiff(s) was/were certificated at.
    e - the date of the Certification.

    This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of 10. You are obliged to provide this information.

    I require this information within 14 days.

    Yours faithfully


  5. #5
    Basic Account Holder Tariq2009 Novitiate

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    Default Re: Newlyn Bailiffs

    i am on stage 2 of council complain procedure as they are not upholding my complain again now i am going to local Ombudsmanicon




  6. #6
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    Default Re: Newlyn Bailiffs

    Would appear that the Local MP should be directed to this site and the others

    Clearly he does not know what bailiffs can and cant charge and should have a read up on things

    try the breakdown from the bailiffs
    there is no warrant so they can do very little to get there money before giving up


  7. #7
    Basic Account Holder Tariq2009 Novitiate

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    Default Re: Newlyn Bailiffs

    thanks guys will send the letter on Monday


  8. #8
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    Default Re: Newlyn Bailiffs

    Jonathan Djanogly is a self serving ex-justice minister who should be by-passed on this issue. Perhaps write and tell him you have no confidence in him to deal with this.


  9. #9
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    Default Re: Newlyn Bailiffs

    Does your wife have a CPN or similar? Did the Bailiff leave you a Notice of Seizure?

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  10. #10
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    Default

    Quote Originally Posted by ploddertom View Post
    Does your wife have a CPN or similar? Did the Bailiff leave you a Notice of Seizure?
    I don't know how this notice of seizure looks like or it's wording I only have letter through post by newlyn and one letter was in red color and all the crap about their action


  11. #11
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    Default Re: Newlyn Bailiffs

    Quote Originally Posted by Tariq2009 View Post
    I don't know how this notice of seizure looks like or it's wording I only have letter through post by newlyn and one letter was in red color and all the crap about their action

    have a look at the form 7 in this link it shows what notice of seizure
    looks like

    http://www.legislation.gov.uk/uksi/1...chedule/2/made


  12. #12
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    Default Re: Newlyn Bailiffs

    If they are trying to charge you 162-50 they must have levy on some of your possessions - you mention a car in your original post. A Bailiff is allowed to charge 24-50 for his 1st Visit to you & 18-00 for his 2nd - providing he has not made a levy on your goods. If this has been charged then that leaves 120 unaccounted for. It is all the more urgent you send off for the breakdown of fees as said in Post 4, this best done initially by email followed by a copy in the post.

    If they have made a levy on anything it is a legal requirement they leave you a Notice of Seizure - also called a Form 7 because that is its number. This is usually an A4 sheet listing the goods seized and on the reverse it should have a list of what they have charged.

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  13. #13
    Basic Account Holder Tariq2009 Novitiate

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    Default Re: Newlyn Bailiffs

    No I did not revieved any form 7

    I did talk to the the guy
    the appointed bailif that came and visited my house my wife was not home so he left letter with the sum on it and his name

    I did search his name on bailiff data base but he was not bailiff

    I asked him why he came
    he said he came to claim the money and I told him not to come when I am not home as my wife's depression history

    he told me to tell my wife not to open door as he will keep calling at my house.

    I warned him that he will be breaking law by doing that and I also said I got proof of signiture post that I have provided the documents to your office
    which they never send me acknowledge so far it's been over month.

    He than asked me what time I am home so he can come and collect money

    I said you not getting any money or any access to house so don't bother

    he than said he will come and clamp my car
    I said up to you but

    I have provided the proof of car
    it is work car and I do my earning than

    he told me that he can clamp it but can not twoe the car away
    and keep it clamped until I pay the money .

    Since I have talked to him I have recived 2 letter first my name and my wife's together
    as shows on council tax second letter today with only my wife's name as I posted in perivoius post

    .thanks


  14. #14
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    Default Re: Newlyn Bailiffs

    Quote Originally Posted by Tariq2009 View Post
    i am on stage 2 of council complain procedure as they are not upholding my complain again now i am going to local Ombudsmanicon

    Surprise, surprise. The Minister of State responsible for the certification of bailiffs comes out with crap like this. He really does need to invest in a copy of John Kruse's book, as I have. Just waiting for it to be delivered.


  15. #15
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    Default Re: Newlyn Bailiffs

    I think they will claim a levy on your motor, if it is contract hire then it cannot be levied or seized, as it belongs to the finance company. Once they have responded to the Acme letter, if they have levied the car it can be challenged.

    The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!
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  16. #16
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    Default Re: Newlyn Bailiffs

    Quote Originally Posted by brassnecked View Post
    I think they will claim a levy on your motor, if it is contract hire then it cannot be levied or seized, as it belongs to the finance company. Once they have responded to the Acme letter, if they have levied the car it can be challenged.
    the car is private hire


  17. #17
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    Default Re: Newlyn Bailiffs

    Quote Originally Posted by Tariq2009 View Post
    the car is private hire
    Then it belongs to the hire company and cannot be either levied on or seized. Make sure the bailiff is served with a photocopy of the hire document. This will kill his pig, but if he then tries to levy on or seize it, he will be acting illegally from the outset.


  18. #18
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    Default Re: Newlyn Bailiffs

    I may be wrong Old Bill, but when the OP says his car is private hire, he means it is a minicab. Probably why the bailiff says he can clamp it but not remove it. So a question to the original poster - does the car belong to you or does the minicab company own it? If it belongs to you, does the car have any outstanding HP on it?


  19. #19
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    Default Re: Newlyn Bailiffs

    Okay. Does the vehicle have a Private Hire plate on it? If so, it is used for business purposes and the OP's livelihood and the bailiff will be on a sticky wicket if they try to levy on or seize it.. If it is subject to finance, it is third party property and, therefore, cannot be levied on or seized.


  20. #20
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    Default Re: Newlyn Bailiffs

    If the debt for the council tax has been cleared then, im sure when I say this, that the bailiff cannot levy for his fee's only.

    However the council must give you verification that your debt have been discharged with them. They can take the bailiff fee's out of the payment that you have made, which would leave the debt still owing.

    I would offer or pay the bailiff for the two visits, which are owed. The levy on the vehicle can then be queried. No lawful levy, then no fee above the visit fee's.

    You stated that the bailiff wasnt a bailiff, did you mean that he wasnt a certificated bailiff.



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