Newlyn are chasing me!!

[gingernut65]

I took the advice on here and wrote to newlyns asking for a break down of their charges. I recieved their reply today.

They have charged for the supposed 2 visits, 2 levy fees even though they have never gained entry to levy and 2 lots of enforcemnets fees at £105 a time. My question is can they charge me 2 levy fees? even without gaining access? and what is the enforcement fee?

Just want to be sure of my facts before I write back to them. They qouoted the Admin and enforcement act to me but I dont see these fees there.

[tomtubby]

Fees are wrong.

 

You need to send a letter ASAP to say that you dispute that the bailiff has ever "levied" upon any goods. Ask him for details but do not be surprised if they respond to say that they have levied upon a vehicle in your driveway.

 

Van fee/enforcment fee is really an "attending to remove " fee (ATR).

 

However for this to apply, there must first be in place a VALID levy, which is disputed. Crucially, for the collection of Council Tax, a bailiff may only charge 2 van/enforcement/attending to remove fees but on the second one......goods actually need to have been removed !!!

 

Let me know the response you receive.

[Saffronflowers]

Ask Newlyn what they actually levied they should provide this if not then there has been no valid levy.

 

SFx

[tomtubby]

Just a small tip. In a number of cases such as this it is not uncommon for the bailiff to drive past your house and record the number plate of a vehicle in your drive AFTER their office have received your letter.

 

This was made clear to us just days ago when a bailiff co responded to a client with a similar request only to find that they had levied upon a courtesy car loaned to the client 2 days earlier.

[Saffronflowers]

TT - me thinks we are thinking along the same lines!!!

 

SFx

[gingernut65]

Thanks for the replies. I have written to them saying I dispute these fees and have copied the council into the letter. I do not have a drive way so they would be hard pushed to levy a car there. I had offered to pay £100 a month but they have refused wanting 3 payments of £592:eek: I f i could pay this i wouldnt be in debt would i. I will continue to pay the council direct online and hope they will take the debt back. Do you know what happens when I have 2 accounts, do they split the payments ive been making between the 2 or will they take them off the oldest debt?

Thanks again for your help.

[tomtubby]

Just remember that if a payment arangement is set too high, you will somehow manage the first payment and be late with the next one. This will then trigger a "Removal Notice" which in turn will allow the bailiff to legally charge an "Attending to Remove fee".

 

It is so obvious.

 

Remember the bailiff will only be able to earn £24.50 for a first visit and £18.00 for a second visit. If this money goes to the actual bailiff, where do you think his company are going to earn any money ?

 

THEY EARN THEIR MONEY FROM:

 

VAN FEES/REMOVAL FEES/ATTENDING TO REMOVE FEES.

 

Insisting on such a high monthly payment is a sure way of getting a van fee very soon !!!

[PizzaMaker]

Just remember that if a payment arangement is set too high, you will somehow manage the first payment and be late with the next one. This will then trigger a "Removal Notice" which in turn will allow the bailiff to legally charge an "Attending to Remove fee".

 

It is so obvious.

 

Remember the bailiff will only be able to earn £24.50 for a first visit and £18.00 for a second visit. If this money goes to the actual bailiff, where do you think his company are going to earn any money ?

 

THEY EARN THEIR MONEY FROM:

 

VAN FEES/REMOVAL FEES/ATTENDING TO REMOVE FEES.

 

Insisting on such a high monthly payment is a sure way of getting a van fee very soon !!!

 

A bailiff does not earn £24.50 nor £18.50.

 

The councils agree a ATR/Van Fee with the bailiff company and they are allowed to charge up to 3 of these on any one case. The bailiff would probably be earning 33% to 50% on the fees charged on any particular case.

[tomtubby]

Councils do in fact agree these charges...whether they are legal or not.

 

What most people are unaware of is that for the collection of Council Tax bailiff companies may only charge TWO van/removal fee but if a second charge is made.....goods MUST actually be removed.

[Guest PASTTACTICS]

Councils do in fact agree these charges...whether they are legal or not.

 

What most people are unaware of is that for the collection of Council Tax bailiff companies may only charge TWO van/removal fee but if a second charge is made.....goods MUST actually be removed.

 

 

go tomtubby

[gingernut65]

Again thanks for the replies. So if a levy has not been taken, can they still charge a van fee? And can they charge these fee's for each account. They have 2 of mine, so does this mean they need to do 2 levys and 2 separate visits for each 1 or can they count 1 visit as 2, if you get my drift. If thats the case they want to charge me £210 for knocking on my door.

[gingernut65]

Just another question. So what happens if I cant agree to their payment terms? Im not going to agree to more than £100 per month cos I really cant afford to and they wont accept my offer. What then? They claim to have visited twice and charged me £42.50 for each account and then these enforcement fees which im assuming means van visits. Are you saying that any visit he makes now unless he actually removes goods he can not charge for legally?

[tomtubby]

These fees are totally incorrect

 

Inform them in writing that you have concerns that they have been applying fees that are NOT according to statutory regulations and that they CANNOT apply an Attending to Remove charge UNLESS they have a VALID levy which they do not.

 

Insist that the charge is refunded and that they provide proof of any "levy".

[gingernut65]

Thanks TT.

[gingernut65]

Can they levy on Hubby's signwritten work van? it is obviously needed for his business as a painter and decorator and he could not carry out his work without it. My car is under finance with another 18months left to pay can they touch it?

[gingernut65]

An update.

Another visit from Newlyns today. Again they did not gain entry, hubby spoke to bailiff outside. He remembered what id told him and refused to enter into conversation. He was handed a removal of goods notice but no levy has been taken. They say they are returning on Weds morning are claiming they MAY remove goods in our absence. Theft i believe if they havent already gained peaceful entry, which they havent.

I have also received a letter from the council supplying me with info requested about amounts owed. They have taken the payments ive made so far off the oldest account, leaving an amount on that liability of £45.00. Ive just paid that online and have emailed requesting confirmation of that liability being paid and requesting that they inform Newlyns of this. Newlyn want to charge me £183.50 in fee's on this account. I believe they can only charge for 2 visits £42.50, is this right? Ive told the council i will deal with Newlyns fee's direct with Newlyn. Am I correct in that this liability is now finished? Just got to clear 07/08 now.

[gingernut65]

Tomtubby just tried to send you a PM. You are full.

[tomtubby]

My mail box should be empty now.

[gingernut65]

Thanks TT.

[gingernut65]

Another update andf a need to check my facts before i go back at newlyn. Received a letter from them today in answer to my disagreeing with fees they want to charge. I have had 2 visits from them, they have never gained entry. We do not have a driveway and my car was not parked in the road. So as far as i can tell they have not levied. they have certainly never left any info saying they have. Todays letter claims a levy has been taken on a car and because it was reasonable for them to assume it is mine they can charge an enforcement fee and a levy fee. Is this right? the car is not mine or my husbands. Dont even recognise the reg no of that as being one of my neighbours. They could have just made it up. Also they have 2 accounts of mine, one of which i have paid in full direct to the council. Can they charge 2 lots of visit, levy and enforcement fees? Can they levy on the same goods for 2 different liabilities?

Also if i agree with the council to have an attachment of earnings, do you think they will call off the bailiffs? Ive just received a notice of eviction from the mortgage company so can prove that we are in trouble financially. Never thought Id get to this stage in life and still be in so much trouble.

[casbah]

Hi GN

 

You seem to be overloaded at the moment, so just to let you know that where newlyns are concerned, you are not alone, only my "enforcement fees" run into 500s of pounds.

 

Have you sent the council copies of all the letters you have sent and received from newlyns? if not do this now, informing the council you feel the fees are too high, wait for the council to respond, inform both the council and the bailiff that this account is in dispute.

Now the account you paid off, directly to the council should be dead and buried. But if you have signed anything to do with the bailiff about that account then the fees may stand.

Now with regards to the car, if you have a parking ticket the council can access DVLA for ownership, I assume the bailiffs could too, so on that point they are wrong about they can assume a car belongs to you, I am not 100% sure how to find out if thats the case but others may have an idea.

 

Are you sorting out your mortgage?

 

Just remember nothing gets thrown at you that you can't handle and in two weeks you will be giving someone else some advise that will help them

 

chin up and don't let newlyns get you down.

It makes my day when they give me grief and I give it back ten fold

Cas

[gingernut65]

Hi casbah, Thanks for answering. I have sent copies of letters to the council and disputed the fee's. Their reply was that i should only talk to Newlyn about this debt. I wrote 10 days ago for confirmation that one of the debts is cleared and am still awaiting a reply. Ive just faxed a letter over to the council again asking for confirmation and requesting that due to my situation with the mortgage etc, additional bailiffs fees would only increase my hardship. Ive offered to let them have an attachment of earnings if they call the bailiffs off. I know then that they can only take a % of income and not the £600 a month Newlyn wants. I included a copy of the eviction notice so hope they take notice.

 

I havent dealy with the mortgage, hubby has always been in charge of that and although i knew we were in arreaers i didnt know til i opened a letter today that things were at this stage. A big conversation to have later it seems.

 

Ive never had a parking ticket in my car nor a fine of any kind so can they still trace it?

 

Life has certainly thrown some pooh at me in the last lot of years but as the saying goes "God never gives you anything that he doesnt think you can deal with" Ill get through it. Ever the optimist me!

[casbah]

sorry I wasn't very clear about the parking ticket, what I meant was they are charging you an enforcement fee on a car they assume is yours, and they are being naughty, they have the means to find out who the car they levied you against, belongs too and have chosen not to.

 

Can I suggest you contact the national debt line 0808 808 4000.

 

They are wonderful and they will help you big time, one thing? tell them EVERYTHING, they really are on your sdie and I hate for you to lose your home without trying these guys first.

 

It'll take about 30/45 minutes on the fone but like I say they are great

 

Best wishes

 

Cas

[gingernut65]

Thanks Cas, I need to talk to hubby first, then see where we go with it all. Something will get sorted im sure.

[gingernut65]

Can anyone confirm what i asked in a previous post? Can Newlyn charge 2 lots of fee's when they have only made 1 (invalid) levy? Can they levy on the same item for 2 different liabilities? Need to know this so i can write my next missive to them. If im right and they cant then im complaining to everyone, council, court, everyone.