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rasherton

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About rasherton

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  1. There's nothing more you can do until Monday with the council. You need to phone them as emails can take 2 weeks to be replied to. It doesn't really matter when the LO was issued - it was issued and that's that. The council only need to send correspondance to the last known address they have for you. If after you moved you informed the council of your new address you will have cause to complain but that can wait for now. The immediate situation with the bailiff is more important. Your trump card here is that the bailiff must send correspondance to your usual address, ie your present address. Sending a notice of enforcement (NOE) which is called the 'compliance stage', to a previous address is not acceptable. The bailiff clearly has your address now as he has posted an 'enforcement stage' letter through the letterbox. The bailiff cannot, by law, move to the 'enforcement stage' until you have received the NOE at your present address. The bailiff will know this but will hope you don't. As soon as possible you need to contact the bailiff's office (not the bailiff) and ask for the address the NOE was sent to and the date it was sent. If sent to your previous address remind them that it needs to be sent to your present address. The law for this is the Taking Control of Goods Regulations 2013 part 8(1). This will show them that you're not a pushover.
  2. Contact the council as the bailiffs are acting on their behalf. Newlyn's will in all likelihood just try to brush it off.
  3. 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.
  4. 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.
  5. In that case the bailiff cannot charge the £235 enforcement fee. My suggestion is to get on to the council tomorrow, explain that the bailiff has added the enforcement stage fee without giving you a notice of enforcement. You suspect that they sent it to your previous address but legislation is clear in that it must be sent to your usual address. The legislation is the Taking Control of Goods Regulation 2013 part 8(1):
  6. The above info is incorrect. The council are only obliged to send correspondance to your last known address. However, the bailiff must send correspondance to your present address. Until they have served a NOE to your present address and given you seven clear days, they cannot move onto the enforcement stage. Can you confirm whether a NOE letter with a £75 charge has ever been sent to your present address?
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