Never heard anything so funny in my life, discuss repayments and what you can and cant afford with a Newlyn Bailiff!!Suppose British soldiers in Afghan should walk up to the Taliban for a freindly chat too and ask them not to be so hostile??@josephbloggs

Did Marbles notify you in writing that the debt had been assigned to 1st credit by as they are required by law to do so.You could have requested the paper work to see if the default notice and everything was in order but im not sure if you can still get it once a debt has been cleared, others may know.Also did you have any charges or PPI etc applied to the credit card account?James

Checking your identity and that you are who you say you are, fairly standard and will be listed in their terms

It should automatically update within 28 days!

I wouldnt pay too much interest to their own credit scores, they are only a guide and a very good way of them making extr profitEach company has its own lending criteria which differs from company to companyIf nothing has changed then wouldnt worry about it!

Hi Tomtubby Thank you for replying. Well basically he left Rossendales and asked for his bond to be cancelled he then went to work for Newlyns. The initial judges summary clearly states no amendment was applied for neither had the court itself received the security bond required. Newlyns sent the court his certificate but as stated by the judge it was innacurate. I have now received documents from the solicitor basically stating if i follow through with the claim they will be seeking a costs order. They also state that i am to be under no misunderstanding that the bailiff was covered by a bond at all times. So if the judge was saying he wasn't, what do the solicitors know that i dont? The initial complaint was made due to them trying to seize the car which has outstanding finance to it. They have a report from a barrister detailing he can find nothing in law which specifically states that goods on finance cannot be seized. My argument is that i am not the legal owner of the goods therefore they are exempt, there is also the fact i told Newlyns previous to the Levy that my car was essential to my employment to ehich that is clearly exempt in law. He could argue the fact he was not aware of this but as a part of process should he not have reviewed my file? Also there are the charges applied! A bailiff should have knowledge of the law that covers him! Should he not be then aware that if the figures on which he are enforcing are not correct then his levy figure will not be correct? Although i am not that naive to believe they would give a flying toss about that! Id like to see it through but it is at a court 90 miles away from my home address and then their is the risk of possibly incurring the costs if it didn't go my way! I would not be able to afford that kind of money. Unfortunately going alone means that, i have no legal advice and am simply acting on what i believe to be right and my interpretations of law. I believe my biggest plus is the certification issue but his solicitor has thrown doubt on whether i can even use that! Thanks

Thanks for the reply It was for a PCN that the council passed on to the collection company who in turn instructed a bailiff to attend my property. He placed a levy on my car which is subject to outstanding finance and is essential for me to get to work. I made numerous complaints to the company but they were just ignored. Thinking that i was going to have my car taken and the fact i received no answer to my complaints i proceeded with a form 4 complaint as it was my belief the company had been informed enough times it had outstanding finance and i needed it for work. The judge summarised stating a hearing would be held, but then went on to the fact the bailiff himself had not met with the courts requests to have is certificate amended neitehr had he bothered to provide the bond needed to be legally certified. As these are requirements of the Distress for Rent Rules and he has not met them i am asking would any work he did whilst not conforming to them be lawful as surely if he is not correctly certified he should not be carrying out actions of a legally certified bailiff? Thanks

Also a little off topic i made a form 4 complaint regarding the bailiff in question(over the same issue). I have received a summary from the Judge who has requested a hearing due to him not been overally happy with the bailiffs actions. Detailed in the summary the Judge states the bailff has not complied with the Distress for Rent Rules 1988 requirement in that he did not apply for the required amended certificate and that he did not pay for produce the bond upon request from the court. As these are legal requirements set out in the act and he has not complied with them then any levy placed would be unlawful would it not? Thanks

And yes BigEgg it is Council/Bailiffs!

Thank you, no the ebt has not been sold on the company in question is just collecting on their behalf. Both the LA and the Collectors are saying i have lost my right to pay the OC direct although i didnt quite get how they worked that out. Thanks for the answers guys was just wanting to know if the OC can reject the payment if i made it direct, which i will now do

Anyone?

Thanks Guys

Got it, thanks guys

Thanks both for the help So just to be clear it would be a N265, is that the one you assisted with Martin? Thanks

Not too sure how the process works on this one. It was a Form 4 complaint against an individual bailiff, and the judge has responded by stating a hearing will be held after a certain date. However it is the company he acted on behalf that submitted a response on his behalf which the judge has stated is un-acceptable as he has to answer for himself. It is the document they have submitted to the courts that i am looking to gain so i can see their grounds for denying my complaint. Would this be the N265 you stated or a normal disclosure request? Thanks

Hi If i have initiated legal action against somone and they have replied to the courts with their version of events can i then request to see that document under Practice Direction 31.3 Right of Inspection of a disclosed document Thanks

Hi Is there any known legal regulation that states that once a debt has been passed on to a collection agency you no longer have a right to pay the creditor direct? I have seen many collection and enforcement agencies state you no longer hold the right to make payment direct but where is this legally set in stone and can the Local Authority/Creditor state any reasonable grounds for refusing to accept the payment if you make it direct to them? Thanks

Anyone know the answer to this. Just want to know if a vehicle on finance remains on finance until the very last payment owed is made even if there is no agreement anymore

On the breakdown of charges there is a fee for £105 named 'Enforcement Fee'. What is this fee exactly and is it legal for them to apply it? Thanks

They are full of crap, i would like to see them explain to the judge why they have brought you before the courts when you are clearly trying to reolve your financial problems. As said court is nothing to wory about if it did happen you will often find if you hav done everythng expected and tried your best the judge would sympathise with you and tear them a new hole. That been said it wouldnt get to that stage anyway. Do not contact them again , do not speak with them over the phone, put everything with payplan and forward all letters received to them As long as your paying your agreed monthly payment to payplan sit back and dont worry about a thing.

Thanks lookingforinfo. It is 2 separate sections, they have one for Local Authority Costs and one for theirs then have combined. They have stated £119 for the Councils fees and today the Council told me that is wrong it is only £82. So like i said am sure by using the 28% under the regs they will have worked out what they are owed wrong. As for you saying they charge for visits they have never made that is true the first i heard from them was the other day when i had that shoved through my door. They have mad no previous visits at all but it is a sorry state they are allowed to worsen a persons situation by doing that. I intend to pay the council direct but am still a little worried they will take the car as so far they have refused to listen to me. Thanks

I have spoke with the council today, they informed me the total they are claiming is £82 not the £119 Newlyns stated So under the regulations it should be the £82 they are working their charges out on should it not? Thanks

I am aware i sould have received the NTO but didnt. As i have previusly said Newylns turned up and placed a levy on my car and thats the first i had heard from them. No initial visits, not any they have informed me of anyway. By reading various other posts it looks like it not uncommon to behave like this either. Besides that the car isnt legally mine and i have now informed them. They cannot legally sell the car so not point levying it. They never seem to want to talk either the office, people try sorting matters out with them yet they just let the bailif try and scare you hoping you dont know how things work

Its the actual response to my appeal to the parking manager i didn't receive from the council. I haven't received anything from Newlyns until today they are the letters i am referring to. Thanks

Thanks zydeco i understand the notice i received today now. What is still bothering me is where are my letters informing me they are dealing with the pcn, where were the initial visits? How can they just turn up out of the blue and levy my car on the first time i hear from them. I have seen no warrant of execution either! I have no problems paying the PCN, i would have done so had the council informed me they had rejected my appeal. But not to hear nothing from them then find out i have had these huge fees added is a little unfair and stressful and the council should take some responsibility for their actions