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  1. Hello all, A bit of a lapsed member here; thankfully since the days of my bank charges claim I've had little cause to call upon the help and assistance of the good and kind members here. Anyhow, I've recently had a bit of a run in with Equita bailiffs regarding their efforts to chase an old council tax bill. Soon after the BAILIFF visit I contacted the council directly and settled my outstanding debt to them. Equita have however continued to attempt to pursue their own charges, and I even had a bit of a run in with one of them in the street who was claiming to attending to collect levied items, (and also claiming an attendance fee). After some research, I've discovered that a levy fee cannot be charged if one has not actually physically been done, ie: they've not acquired access to your premises, nor been able to identify a vehicle actually belonging to oneself. They did however write to me with a breakdown of their charges ...... and lo and behold had included a levy fee, by claiming to have levied upon a vehicle (presumably belonging to a neighbour). They even provided the name of the officer, and the registration of the vehicle !! I do not own the vehicle, so their claim to have performed a levy is wrong !!! (I've noticed there is a sticky in this forum dealing with such issues, and providing some very useful information from the Local Government Ombudsman). I've today written back to Equita, and also copied the letter to my council. I just thought I would post the letter here, as I thought others may find it useful ? Also, the more people that make similar complaints to their their councils about such behaviour, then the more likely it is that councils may act on this matter. So here goes [iNSERT YOUR OWN DETAILS WHERE NECESSARY] : Dear [iNSERT COUNCILLORS NAME] , In response to your letter of [iNSERT DATE]. Firstly, I would like to explain my motivations for continuing to challenge [iNSERT BAILFF COMPANIES NAME] in regards to this matter. The sums in question in this case may seem trivial, yet there are much wider implications and injustices at stake here resulting from [iNSERT BAILFF COMPANIES NAME] unconscionable behaviour and routine practices, which I feel compelled to highlight to yourselves,. [iNSERT COUNCIL] have many vulnerable residents who are routinely being victimised and exploited by [iNSERT BAILFF COMPANIES NAME] in order to enable them to vastly profit from such peoples ignorance or inability to contest such practices. It is only through the protestations of people like myself that [iNSERT COUNCIL] can be made aware of such practices and hopefully may feel motivated to take actions in order to force [iNSERT BAILFF COMPANIES NAME] to unfailingly abide by the law. Please find enclosed a letter I have received from [iNSERT BAILFF COMPANIES NAME] dated [iNSERT DATE], and my response. [iNSERT BAILFF COMPANIES NAME] are now claiming that their enforcement officer [iNSERT BAILFFS' NAME] performed a levy on [iNSERT DATE] upon a vehicle bearing the registration number [iNSERT REGISTRATION]. I do not and have never actually owned nor had any association with such vehicle, and can only presume that the agent in question has randomly selected a vehicle parked nearby to my premises and decided to apportion its ownership to myself in order to serve his purpose. However, by failing to determine or ignoring who the true owner may actually be, [iNSERT BAILFF COMPANIES NAME] believe this enables them to claim to have performed a levy, and claim a fee for supposedly doing so. More worryingly, if such a levy is allowed to stand, it could then empower [iNSERT BAILFF COMPANIES NAME] to claim certain legal rights they do not actually possess, as well as the ability to subsequently and continually add vastly more charges for such misconduct. [iNSERT BAILFF COMPANIES NAME] misleading representations are practiced purely with an aim to profit and could easily be found fraudulent and subject to criminal charges in the eyes of the law. They are also claiming to be acting with [iNSERT COUNCIL] full backing and endorsement, making you unwittingly complicit in such practices. The Local Government Ombudsman (LGO) are already aware that such malpractices are endemic within the bailiff industry, have investigated several similar cases, and are now encouraging all councils to have written policies in place with all bailiffs to prevent such practices continuing. I have enclosed for your reference an article by Andrew Hobley, the Senior LGO Investigator writing on this very subject. I do hope you will now act on this matter by instructing [iNSERT BAILFF COMPANIES NAME] to review not only my own case, but also all cases of any [iNSERT COUNCIL] residents similarly affected, remove or refund all unlawfully billed sums, and henceforth continue by abiding and operating within the law, Yours faithfully YOUR NAME THEN INCLUDE COPIES OF: 1/ CORRESPONDANCE FROM BAILIFF COMPANY SHOWING THEIR LEVY FEE, DATE, CAR REGISTRATION, BAILIFF NAME ETC. 2/ ANT RESPONSE YOU MAY HAVE WRITTEN TO BAILIFF COMPANY. 3/ A COPY OF THE ANDREW HOBLEY ARTICLE FROM THE STICKY IN THIS FORUM. PS: Some may claim it's a perhaps bit strong to assert that the bailiff company are committing fraud by acting in such a way? However, I believe this is exactly what is happening. Look up section 2 of the "FRAUD ACT 2006" which states: Fraud by false representation (1)A person is in breach of this section if he— (a)dishonestly makes a false representation, and (b)intends, by making the representation— (i)to make a gain for himself or another, or (ii)to cause loss to another or to expose another to a risk of loss. (2)A representation is false if— (a)it is untrue or misleading, and (b)the person making it knows that it is, or might be, untrue or misleading. (3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of— (a)the person making the representation, or (b)any other person. (4)A representation may be express or implied. (5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention). PPS: PLEASE NOTE THAT THIS IS NOT AN OFFICIAL CAG TEMPLATE, SIMPLY MY OWN WORK I WISH TO POST UP IN THE HOPE IT MAY HELP OTHERS. ........ PERHAPS SOMEONE FROM CAG MAY WISH TO REVIEW, MODIFY IF NEED BE (... I'M NOT PRECIOUS ABOUT THIS), AND CREATE A STICKY ?
  2. Hi guys, I've been reading a lot of previous posts and it's really helped me to deal with the people at Newlyn. I've got a couple of specific question I'd be grateful if you could help me with: Newlyn's dealing with my debt to Lewisham council for 2009/2010 Council Tax for £1326.72 Never opened door or talked to bailiffs. 1st visit -> 17 Aug 2010 - no response 2nd visit -> 24 Aug 2010 - no response 3rd visit -> 2 Sept 2010 - no response - Van attendance charge (ATR) - Levied neighbour's car parked on street outside house. We don't own a vehicle. Oct 2010 - we contacted Newlyn and agreed payment of full amount owed in 3 instalments including their fees @ £345.69 Since then we missed some payment (Newlyn website not taking my payment, tried various times and then forgot about it) 4th visit -> 5 Jan 2011 - Reattendance charge (over outstanding amount) Contacted Newlyn to pay full amount owed in one payment with bit card on the phone upon clarification of their admin/fees charges. Since then I found out these charges are not quite right. Payments done so far: £263.89 - 25 Oct 2010 (+ charge for use of debit card of £7.69) £772.50 - 4 Nov 2010 (+ charge of 22.50 for payment with credit card) Breakdown of Newlyn fees £345.69: £24.5 -> 1st visit bailiff £18 -> 1st visit bailiff £105 -> Van attendance ATR £63 -> DVLA check (they haven't done it yet and car is not mine but already charged for it) £105 -> Reattendance charge £7.69 -> charge for use of debit card for payment 25 Oct 2010 £22.50 -> charge for use of credit card for payment 4 Nov 2010 My dispute: I am ok to pay: Outstanding amount for council tax + 1st and 2nd visit of bailiff Not prepared to pay: 3rd visit - Attendace van. I believe they cannot apply an Attending to Remove charge unless the have a valid levy which they didn't, actually, as they didn't levy anything or got access to my property on 1st or 2nd visit there was no point in sending a van over on the 3rd visit as they wouldn't be able to collect anything. So I dispute this charge. Also they confirmed on the phone in this 3rd visit with van they levied the neighbour's car. I believed they have to send bailiff round first to levy goods, then send a van over to collect? They say they have done both on the same 3rd visit? Is this possible? 4th visit: Reattendance fee as we failed to pay as per agreement. I believe in any case they can only charge two van/removal fees but if second charge is made goods must actually be removed. Car levied on 3rd visit is not owned by us so levy is not valid. I agreed to pay outstanding amount of the council tax debt and 1st and 2nd visit charges but refuse to pay. van attendance fee DVLA check reattendance fee They refuse to take anything but the whole outstanding amount including all fees. They explained the DVLA check would take 6 weeks so better to pay the £63 and they call back to claim the money back. What do you guys recommend to do? I don't want to pay extra to these people. Is it better to find out how much of the paid monies went to cover council tax debt and pay the rest to the council? Not too sure if Lewisham council will accept this. Thanks ever so much in advance for your help.
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