Newlyns bully boys

[rich777]

Newlyns : Northhampton. Baliff: Ben Smith: mobile number on request

 

We owe £1300. one visit ( we were out) made the amount go to £1503.00

 

The visit was because we are ONE day late on an agreement to pay. No other notice was given. In fact I have had NOTHING in writing from them at all

 

We have been paying £100 PER WEEK which we were scared/bullied into paying from the word go when we were told if we didnt pay in one go they would come and remove goods.

 

They are now saying that if we dont pay the full £1500 he will come back and these fees will be incurred every time he comes. Council will NOT help.

 

Although we do have a meeting with a council tax officer tomorrow to try and sort this out.

 

I have told him he will NOT get into my house or garage. but he says he will get in and I cannot stop him.

 

One thing both the baliff, his manager at Newlyns and the guy at the council did say. was... "Well you live in a big house so we are going to chase you".

 

Reading between the lines the guy has told the council and his boss its a big house so they seem dead set on getting goods out as they think it will be full of treasure... ITS NOT .. We could afford the house (just) when we moved in but we lost a business and the rest is history..

 

 

Will keep on trying to keep them at bay but who knows ??

[ambershadow]

What A blooming cheek they have, How dare they, I suggest you send the template Letter I sent to the council and the bailiffs in the other thread did the trick for me

[ambershadow]

[re: yOUR ADDRESS

 

 

YOUR COUNCIL appears to have instructed you to recover unpaid council tax from me.

 

This letter gives you notice that you are not being given peaceful entry to my home or to levy goods contained within and I will not be signing anything for you. This notice revokes your eligibility to charge a Walking Possessions fee or other fee relating to the handling of goods.

 

Due to my circumstances I am unable to pay the debt as you demanded because it is unrealistic. I have sent an affordable payment direct to the council along with a written schedule of repayments.

 

Please be advised it is not a "criminal offence" for me to deny a bailiff entry to my property, the law says I have to settle the debt; it does not obligate me to do business with you. If you suggest to me otherwise I will automatically report you to the police and you may receive a criminal record.

 

I AM NOT REFUSING TO PAY THIS DEBT.

 

Meanwhile please provide me with a written breakdown of your fees you have demanded and put it through the letterbox and quietly leave the property. If your fees are found to contradict Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992 I will automatically file a Form 4 complaint against you at your certificating court for attempting to defraud me under Sections 2 and 4 of the Fraud Act 2006.

 

This document was sent to you recorded delivery to the above address and a copy was sent to (name and council)council tax Recovery Dept.

 

Please also supply me with a breakdown of the fee's you have charged me

 

 

Yours Faithfully

[ambershadow]

I forgot to add DON'T SIGN IT PRINT YOUR NAME

[chris600uk]

incidentally, I live in a "big house", and I'm sure they thought the same about me.

 

But once they get the idea that you won't open the door no matter what - they will soon give it up.

 

Just make sure there's nothing for them to levy upon outside - like your car.

[chris600uk]

check the bailiff has a valid certificate to collect for Newlyns

 

check the amount on the liability order, so you know by how much you are being overcharged (if you are being overcharged although it certainly looks like you are)

 

Unless you can claim to be in a vulnerable category, don't expect the council to take the account back off the bailiffs

 

But that still doesn't mean you should pay the bailiffs anything but the fees that they are entitled to.

 

I always pay the council direct, I don't tell them or ask them, I just do it.

[lamb to the slaughter]

Op states had agreement to pay, and missed one payment, did op sign walk in pocession as it appears that way to me????

 

if so then the advice given would be a tad different to that already given i think???

 

perhaps original poster could clarify situation please!!

[rich777]

Op states had agreement to pay, and missed one payment, did op sign walk in pocession as it appears that way to me????

 

if so then the advice given would be a tad different to that already given i think???

 

perhaps original poster could clarify situation please!!

 

I have signed nothing.. and the only piece of paper I have ever seen from Newlyns is a "removal of goods notice" he put in our post box , which is outside of our property. I was out at the time he came and he called me on my mobile. We had heated words and he has now told the council I was rude, ( I was no such thing, just forcefull) He also must have told the guy in the council it was a big house as he has now completly changed from being helpfull to being very unhelpfull

 

 

I have to thank everyone for the advice. I am now not so worried about his return.

[tomtubby]

I do not normally like a bailiff's name to be put on an open forum but it is now too late.

 

This bailiff DOES hold a current bailiffs certificate.

[lamb to the slaughter]

I have signed nothing.. and the only piece of paper I have ever seen from Newlyns is a "removal of goods notice" he put in our post box , which is outside of our property. I was out at the time he came and he called me on my mobile. We had heated words and he has now told the council I was rude, ( I was no such thing, just forcefull) He also must have told the guy in the council it was a big house as he has now completly changed from being helpfull to being very unhelpfull

 

 

I have to thank everyone for the advice. I am now not so worried about his return.

 

ah thanks but im still concerned about the removal of goods notice this sounds to me like muppet has posted a seizure notice through l/box ie wpo and if this is the case things could still be different, perhaps tt could clarify wether or not that would change things!! however you seem to be happy with situation now so this is pretty much for my own knowledge

[rich777]

I do not normally like a bailiff's name to be put on an open forum but it is now too late.

 

This bailiff DOES hold a current bailiffs certificate.

 

 

Nobody ever said he didn't

 

 

But his tactics are unethical at best. but bordering on bullying, intimidating and disciminatory.

[fwog]

Nobody ever said he didn't

 

 

But his tactics are unethical at best. but bordering on bullying, intimidating and disciminatory.

 

It gauls me that in 2009 you can still get comments from members of the public, like the one above, regarding 'people' (yes the inverts were meant to be there) conducting their business ,legally licensed by the local authority!!

Its like Victorian values never left:roll:

 

It really give this forum credence.

 

Rant over:D

 

Fwog

[chris600uk]

his tactics are unethical at best. but bordering on bullying, intimidating and disciminatory.

 

That's why you should be writing to the bailiffs with a copy to the council tax (also to the head of the council tax dept) at every opportunity you get.

 

It won't stop them doing it to other people - but it will change their attitude towards you.

 

The reason for this is simple.

Imagine for a moment the bailiff is on your doorstep banging on your door with the police in tow - he says he's already been in your house and reels off a list of things you both know are in it, but could only have been observed through the window.

 

He says he's got the right of entry - you say he hasn't

At this moment it's his word against yours

If the police believe him, you'll be arrested and possibly charged if you prevent him

 

Unless there is some correspondence already to show that

a) he's never been inside

b) he's never going to be allowed inside

c) you have some idea of the relevant law

What I've described could really happen

 

While YOU may be a decent honest person who's just had bad luck and fallen on hard times - to the bailiff you're just another debtor, to the police you're just another debtor, and the council, the courts, etc

 

You have to do the work - and it is hard work - to change their view of you

 

So to repeat myself from other threads I've made - Be polite but firm, Be controlled in your use of words no matter what the provocation, back up everything that is said and done with a letter confirming it, in triplicate, to each department or entity that is or may be concerned. Remember that talk is cheap, but you can prove what you sent by email, text, or letter.

 

You will then become a complete pain in the a***, but a polite one who has appeared to have acted reasonably at all times.

[chris600uk]

Don't think that's just a fanciful scenario either - worse things than that have happened just do a search on previous threads

[rich777]

It gauls me that in 2009 you can still get comments from members of the public, like the one above, regarding 'people' (yes the inverts were meant to be there) conducting their business ,legally licensed by the local authority!!

Its like Victorian values never left:roll:

 

It really give this forum credence.

 

Rant over:D

 

Fwog

 

 

It gauls me even more to be sitting in 2009 . In a house I could perfectly afford this time last year. with heating bills alone around £350 A MONTH. an empty gas tank as we cant afford it this month. temps around -5 with freezing pipes every morning so no hot water. and a failing business simply because the bank for no reason at all, decided to end our overdraft facility with no notice. we are (were) perfectly credit worthy and to cap it all the local council now want over 10% of our current income on council tax. and are perfectly happy to send bully boys round after missing ONE DAY... of an arrangement we had to make to pay them £400 a month..

 

its only a matter of time before the internet is lost too

 

Welcome to Great Britain 2009 !!!

 

 

(rant over)

 

and we do not smoke,drink or go out.

[rich777]

Don't think that's just a fanciful scenario either - worse things than that have happened just do a search on previous threads

 

 

Luckily. nothing can be seen through our windows.. there is only one way into our property and its all gated/ walled etc except for the front door. through which, can only be seen an empty hallway.

 

 

but thank you for the support and letter. We are off to sit in the council office this morning and make a payment to them..

 

I will advise later what happened to help anyone else

[lamb to the slaughter]

 

I will advise later what happened to help anyone else

 

Good luck

[fwog]

It gauls me even more to be sitting in 2009 . In a house I could perfectly afford this time last year. with heating bills alone around £350 A MONTH. an empty gas tank as we cant afford it this month. temps around -5 with freezing pipes every morning so no hot water. and a failing business simply because the bank for no reason at all, decided to end our overdraft facility with no notice. we are (were) perfectly credit worthy and to cap it all the local council now want over 10% of our current income on council tax. and are perfectly happy to send bully boys round after missing ONE DAY... of an arrangement we had to make to pay them £400 a month..

 

its only a matter of time before the internet is lost too

 

Welcome to Great Britain 2009 !!!

 

 

(rant over)

 

and we do not smoke,drink or go out.

Well you hit the nail on the head. Your the perfect target to these 'people', (i really dont know how a bailiff can do his job and the go down mc'ds at the weekend and happily feed his family from someone elses misfortune, it would make me gag), taxpaying, law abiding,home owning easy money. You criminaize yourselves if you tow the line in thsi country and you criminaize yourself if you dont.

Best of luck Rich, keep reading and keep posting, its really the best defence against these 'types'

Makes a good case for emigration I think.

 

 

theres is light at the end of the tunnel, a dim one but its there:wink:

 

Fwog

[chris600uk]

Rich, please don't be offended by what I say, and I apologise to anyone in advance that might be offended by what I say.

 

IMHO you're looking at it in the wrong way.

 

All you need to do is to reframe your problems, to view them in a different and more practical way, because if you do, although they won't go away by themselves- you'll find ways of dealing with them that will reduce their impact on your daily life.

 

I used to worry about every red letter, or threatening letter, I've sat up all night terrified about what the next morning might bring, each DCA phone call would leave me shaking, the first bailiff visit had me shaking.

More importantly it affected our home life and that was wrong.

I've learnt the hard way, just like you are learning now.

 

Now I won't speak to anyone on the phone unless they identify themselves first (it's my phone number and they called me) and they are very very nice and respectful, and even then I tell them to put it in writing. I won't speak to anyone at the door or even acknowledge their existence. I do everything in writing/email. I record any potentially contentious conversations that I have to have, so there's no confusion later about what was or wasn't said.

 

I've been successful in the past but now I'm in the s**thouse financially, owe more than £100k, and that will increase substantially, the house will be repossessed cos I can't sell it or any longer afford the large mortgage payments, car will have to go back to the finance, my other vehicles have already gone, I owe the council tax close to £8k and it's rising, and to cap it all we now have a very young child to care for.

You might think I've got lots to worry about, and you'd be right, but we've gone past worrying, we're over that.

We still went on holiday, and we still had a great christmas, our heating is on full, and we'll never give up the internet (even if I have to access it at McDonalds). And although I gave up smoking, my wife still smokes, I enjoy a glass or two of wine (so long as its decent) every now and then - I recommend the Harrods house wine by the way, a bit tanny but very smooth, expensive but they will deliver:D.

 

Stop looking after the debt/tax collectors and bankers, they haven't been kind to you because they don't care about you.

Start looking after your own, so you can sleep at night.

You should go out and enjoy yourself from time to time! - you need it for your health, don't be in a debtors prison of your own making.

I've been there and as the americans say, "it sucks".

[rich777]

Rich, please don't be offended by what I say, and I apologise to anyone in advance that might be offended by what I say.

 

IMHO you're looking at it in the wrong way.

 

All you need to do is to reframe your problems, to view them in a different and more practical way, because if you do, although they won't go away by themselves- you'll find ways of dealing with them that will reduce their impact on your daily life.

 

I used to worry about every red letter, or threatening letter, I've sat up all night terrified about what the next morning might bring, each DCA phone call would leave me shaking, the first bailiff visit had me shaking.

More importantly it affected our home life and that was wrong.

I've learnt the hard way, just like you are learning now.

 

Now I won't speak to anyone on the phone unless they identify themselves first (it's my phone number and they called me) and they are very very nice and respectful, and even then I tell them to put it in writing. I won't speak to anyone at the door or even acknowledge their existence. I do everything in writing/email. I record any potentially contentious conversations that I have to have, so there's no confusion later about what was or wasn't said.

 

I've been successful in the past but now I'm in the s**thouse financially, owe more than £100k, and that will increase substantially, the house will be repossessed cos I can't sell it or any longer afford the large mortgage payments, car will have to go back to the finance, my other vehicles have already gone, I owe the council tax close to £8k and it's rising, and to cap it all we now have a very young child to care for.

You might think I've got lots to worry about, and you'd be right, but we've gone past worrying, we're over that.

We still went on holiday, and we still had a great christmas, our heating is on full, and we'll never give up the internet (even if I have to access it at McDonalds). And although I gave up smoking, my wife still smokes, I enjoy a glass or two of wine (so long as its decent) every now and then - I recommend the Harrods house wine by the way, a bit tanny but very smooth, expensive but they will deliver:D.

 

Stop looking after the debt/tax collectors and bankers, they haven't been kind to you because they don't care about you.

Start looking after your own, so you can sleep at night.

You should go out and enjoy yourself from time to time! - you need it for your health, don't be in a debtors prison of your own making.

I've been there and as the americans say, "it sucks".

 

 

This is great advice we all need to learn...

 

1000 Thank you's from all here. We will get through this.

 

I now intend to stay on this forum and help where ever i can. my area of expertise in the car and car finance industry might be usefull.. If anyone needs help

 

20 years telling people they are F****d with their finance and car worries helps the other side when needed ...

[ambershadow]

I also aggree wit Chris for many years I suffered at the hands of debt collectors and now the Bailiffs with something that should not have happened in the first place.

I never got an appologie from either side and I waited to get my refund too when they took the money there and then

I didn't open my door for weeks scared incase they came back the third time....... the second time shouldn't have happened bUT they still came and harrased me at 5.30 in the morning scaring my daughter to the point of her screaming and crying and not returning home and staying with friends.

 

It was a nightmare compeletely But tomtubby did her work and got it all stopped. But the damags had already been done.

 

Do they care???? NO

[rich777]

UPDATE !!

 

Arrived at our meeting with the "Council Tax Officer" Turned out to be the same guy from the recovery dept who had been so unhelpfull yesterday.

 

Boy did he look smug. Until we dropped every bit of paperwork we had showing payments made to Newlyns every single week. and showing that there we had only missed the last payment by one day..

 

Anyway he tried to say that all the arrears had to be paid by end March. the last date the tax is actually due for.. He has stopped Newlyns from taking action until after Monday and handed us a kind of means test form.

 

Meanwhile I have faxed and send recorded delivery the letter advised here, to Newlyns I am keeping the copy to the council until Monday at which time I will hand it to them.

 

I have told the guy at the council I am going to pay them . And them only.

The only thing up in the air now is when i have to finish paying this by..

 

He also said that the baliff was within his right to charge us £107 to knock on our door ONCE. Is this right ?

 

What really gets me, is they have taken me to court and a baliff has bullied me to try and come in my house and take my belongings. because of a bill that a portion of it is still in advance. as this is a bill for 2008/9 they are chasing.

 

This must be an infringment of our human rights.. ?

[ambershadow]

I would check the charge out with tomtubby she is brilliant

 

No they should not be able to treat us like that and get away with it, I wonder how they would feel if the shoe was on the other foot

 

and just for the record Mine will go over more than march and they were happy to take my weekly installments.

[rich777]

I would check the charge out with tomtubby she is brilliant

 

No they should not be able to treat us like that and get away with it, I wonder how they would feel if the shoe was on the other foot

 

and just for the record Mine will go over more than march and they were happy to take my weekly installments.

 

 

Thank you ..

 

My wife is a great researcher and has found this link below .. It will tell you what the baliffs can legally charge

 

WHAT BALIFFS CAN LEGALLY CHARGE

[ambershadow]

Yes I have seen it I also saw which is in my case only they can't put there foot in your doorway and prevent you from shutting or push past you But in my case they did both and the police were present and he would not remove his foot after telling him he was forcing entry

 

 

 

Tom tubbby has all the fee's too