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.

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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. #41
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    Default Re: Newlyn control of goods letter

    The above post is not correct.

    Newlyn cannot ambush you without first giving you notice. Your first thoughts were the correct ones.

    Whereas a council are only required to send notices to your last known address, bailiffs enforcing by way of the Schedule 12 procedure must send notice to your usual address. Until they have done this, they are still in the compliance stage and cannot jump to the enforcement stage just because it is financially beneficial for them to do so. Any visit that Newlyn have made to date has been carried out under the compliance stage.

    The fee structure has been designed to afford debtors an opportunity to comply at an early stage thus enabling them the chance to avoid incurring unnecessary fees. To turn up without giving you notice has deprived you of that opportunity. It is akin to not sending notice at all and posting a letter by hand, charging £310 for doing so. If a bailiff does not have the ability to seize goods, he most certainly isnít acting in the enforcement stage.

    Finally to charge £235 for hand delivering a worthless piece of paper would almost certainly fall into the realms of maladministration, especially if there was not an ability to take contol of goods.

    I donít know what you wrote to the council but I would make sure that you include the above. Newlyn may even remove the fee and thereís no harm in contacting them, asking for your statutory notice in order to afford you the opportunity of settling before further fees are incurred.


  2. #42

    Default Re: Newlyn control of goods letter

    Its a very interesting point raised by Emunch, and one which requires some thought.

    As far as I see it , EM is saying that whilst the statutory notice is required in order for the procedure to advance and goods seized. The fee is still due, he says, , because the visit has been made.(please correct me if I have this wrong). I find it hard to agree.

    There is nothing in the procedure which prescribes a pre enforcement visit, surely if one were made it would be within compliance..

    DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS
    DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT
    BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS
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  3. #43

    Default Re: Newlyn control of goods letter

    Quote Originally Posted by Washford Mill View Post
    Con others?

    You mean like telling them they have to pay £235 that has been unlawfully added?

    Iím beginning to wonder if you actually have a brain but OK, I will go. I need this stupidity like I need a boil on the backside.
    At some point This poster needs to learn how to put "in my opinion" after his remarks. After all the record states quite clearly that his advice is not always accurate.
    Besides isn't this kind of hostile insulting post something he is always accusing others of?

    DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS
    DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT
    BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS
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  4. #44

    Default Re: Newlyn control of goods letter

    Quote Originally Posted by iempire View Post
    Would I be right in thinking that due to them tracing me to my new address that that proves they haven't given me notice of enforcement

    Paragraph 7(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states;

    (1)An enforcement agent may not take control of goods [U]unless the debtor has been given notice.[/U]

    Regulation 6(1) of the Taking Control of Goodsicon Regulations 2013 states;

    Minimum period of notice

    6.ó(1) Subject to paragraph (3), notice of enforcement must be given to the debtor not less than 7 clear days before the enforcement agent takes control of the debtorís goods
    A prerequisite of taking control of goods is that the debtor must first be given a Notice of Enforcement as provided under Para 7 of Schedule 12.

    If a new address for the debtor has been identified then common sense would dictate that the debtor had not been given a Notice of Enforcement and accordingly, a fresh Notice must be provided and I struggle to understand how it could be argued that an 'enforcement fee' of £235 could possibly be owed. It simply cannot be the case. It would also appear to be an abuse of Paragraph 19 of the National Standards for Enforcement Agents which states that:

    Enforcement Agents must act within the law at all times, including all legislation....





  5. #45

    Default Re: Newlyn control of goods letter

    Isnt it the case then that Newlyn are trying to be creative with fees and add the Enforcement fee regardless, perhaps they will try to add a second one and hope the debtor pays up when they fetch up at the new address and knock on the door?

    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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  6. #46

    Default Re: Newlyn control of goods letter

    Quote Originally Posted by brassnecked View Post
    Isnt it the case then that Newlyn are trying to be creative with fees and add the Enforcement fee regardless, perhaps they will try to add a second one and hope the debtor pays up when they fetch up at the new address and knock on the door?
    I can say with all honesty, that I have yet to come across even one case where a fresh Notice of Enforcement had been issued, and an enforcement agent attempted to charge a 2nd enforcement fee.


  7. #47

    Default Re: Newlyn control of goods letter

    Hopefully OP can get it sorted BA, and Newlyn aren't reverting to their old ways.

    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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