Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



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.

£19.99 + £1.50 (P&P)


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  1. #21
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    Default Re: Newlyn control of goods letter

    well bottom line is no NOE has ever been received at my current address and thats the basis of my letter bsically


  2. #22

    Default Re: Newlyn control of goods letter

    barking up the wrong tree...

    as I said..

    With council tax enforcement, a local authority are required to use the 'last known' address.
    Did you notify the local authority of your forwarding address when you moved in october?

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  3. #23
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    Default Re: Newlyn control of goods letter

    the local authority which i assume is the council wrote to me at my current address at the beginnin of December.
    Newlyns posted by hand a letter 8th January (dated 2nd january)

    As i registred on the electrol role and registered the council tx for this property in October I assume that counts as informinmg them of my forwarding address.

    I don't understand why they can claim its ok to post the NOE (IF THEY DID) to my previous address when it is clear they both have my bew address as they have both used it to deliver correspondance


  4. #24

    Default Re: Newlyn control of goods letter

    good you have proof. [assuming current and then councils are the same?]
    now use it to your advantage.
    poss even a complaint straight to the council ceo if your council ctax dept is run by capita .

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  5. #25
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    Default Re: Newlyn control of goods letter

    forgive my naivity but a complaint about what exactly?
    tbh i thought i would need to contct newlyn as a priority given tht they have said they will return and i dont wnt the kids scaring etc


  6. #26

    Default Re: Newlyn control of goods letter

    theres no forced right of entry with CTAX
    in all effects you simply ignore them as long as there is no car around for them to levy against.

    it looks like you should have received an NOE at your present address if as I said, the council is the same one you pay CTAX to NOW since October as to prior.
    they knew your new address, wheres the NOE gone?

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  7. #27
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    Default Re: Newlyn control of goods letter

    thats the million dollar question. it certainly hasnt come to my house. it is the same council.

    so i'm not brking up the wrong tree?

    - - - Updated - - -

    Think I shall invest in a new keyboard!


  8. #28
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    Default Re: Newlyn control of goods letter

    Quote Originally Posted by dx100uk View Post
    barking up the wrong tree...

    as I said..

    With council tax enforcement, a local authority are required to use the 'last known' address.
    Did you notify the local authority of your forwarding address when you moved in october?
    Yes the council only need to send to the last known address. We're talking about the bailiffs here though - they are required to send the NOE to the debtor's usual address. A quote from the Sheriffs Office has also been posted which is clear that if the bailiff discovers the debtor is at a different address the bailiff needs to send a new NOE to that address.


  9. #29

    Default Re: Newlyn control of goods letter

    SE are HCEO

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  10. #30
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    Default Re: Newlyn control of goods letter

    Quote Originally Posted by dx100uk View Post
    SE are HCEO
    Your point is?


  11. #31

    Default Re: Newlyn control of goods letter

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  12. #32
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    Default Re: Newlyn control of goods letter

    i'm not really grasping this now


  13. #33

    Default Re: Newlyn control of goods letter

    as post 26.
    dx

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  14. #34
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    Default Re: Newlyn control of goods letter

    Well I'm basically thinking I need to contact Newlyn ASAP so I think I will write explaining I have no NOE and that they need to send the correct paperwork before they can take any action


  15. #35
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    Default Re: Newlyn control of goods letter

    DX, not sure what that thread you linked to has to do with bailiffs needing to send the NOE to the debtor's usual address. Still not sure what your point is regarding the Sheriff's Office being HCEO.


  16. #36
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    Default Re: Newlyn control of goods letter

    Quote Originally Posted by iempire View Post
    Well I'm basically thinking I need to contact Newlyn ASAP so I think I will write explaining I have no NOE and that they need to send the correct paperwork before they can take any action
    Contact the council as the bailiffs are acting on their behalf. Newlyn's will in all likelihood just try to brush it off.


  17. #37

    Default Re: Newlyn control of goods letter

    pers i'd contact the ceo or head of ctax enforcement at the council.
    check what has gone on and what should have happened or not
    if you ring...record your call.

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  18. #38
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    Default Re: Newlyn control of goods letter

    I emailed the council this morning and await a response.
    I haven't contacted Newlyn


  19. #39

    Default Re: Newlyn control of goods letter

    pers id go ring them.

    dx

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  20. #40
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    Default Re: Newlyn control of goods letter

    People are confusing two things here.
    1. There is the ablilty or otherwise to charge the fees for entering the different stages of the Schedule 12 process and
    2. the ability or otherwise to take control of goods if the Notice of Enforcment has not been sent to where you usually live.

    The two fees involved so far are as below. You can see from the description of the stages in regulation 5 of the Taking Control of Goods (Fees) Regulations 2014 that the stage has a specific start point and from regulation 4(3) that the whole stage fee is due before all the parts of the stage have taken place.:-
    The 75 Compliance stage fee and that is due as soon as the instruction is received by the enforcment agent. Although the sending of the NoE will normally be part of the compliance stage it is not required to be sent to justify the fee being due.
    The 235 enforcement stage fee (plus any percentage for larger debts) which is due as soon as the enforcement stage commences which is said to be "from the first attendance at the premises in relation to the instructions..." It does not say the visit has to be for the purpose of taking control of goods.
    From this you can see the 310 can be due even if a Notice of Enforcement (NoE) has not been sent to where you usually live.

    From the way the OP describes it, the enforcement agent in this case does seem to have only sent one NoE and that went to an old address so it was not where the debtor usually lived at the time of it was sent. Becuase of this they cannot legally take control of goods.

    If you are proposing to pay the debt you would be best to point out that they cannot TCoGicon unless they resend a NoE to where you usually live and allow 7 clear days after it is sent before TCoG. As I said, however, it does not seem legally to invalidate the enforcement stage fee. I would try to appeal to the council to tell the enforcemnt agent to waive the enforcement stage fee as a gesture of good willicon (you never know!) and accept payment of the council tax debt plus the 75 compliance stage fee. That might be easy if you are going to pay in full immediately but I assume you will be trying to offer a payment arrangement. If you do that they would have time to send a new NoE and make another visit when a new enforcement stage fee would be due even if they'd waived the first one.


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