Newlyn Notice Of Distress ctax

[bingowings]

Hi everyone need some advice asap. Have received a distress notice from newlyn with regards to unpaid council tax. On notice it lists make and reg of car ( silver focus). The car in question belongs to a neighbour who lives 3 doors away. I thought only goods you own could be taken. Be very embarassing if my neighbours car was lifted even though debt in my name. Have tried explaining this to newlyn but to no avail. Should i contact contact council and see if they could take account back and explain the situation. Any advice would be most welcome.

[FairPlay77]

Hi everyone need some advice asap. Have received a distress notice from newlyn with regards to unpaid council tax. On notice it lists make and reg of car ( silver focus). The car in question belongs to a neighbour who lives 3 doors away. I thought only goods you own could be taken. Be very embarassing if my neighbours car was lifted even though debt in my name. Have tried explaining this to newlyn but to no avail. Should i contact contact council and see if they could take account back and explain the situation. Any advice would be most welcome.

 

 

I certainly think you should try and get the council to take back the debt and use the fact that Newlyn's are trying to levy on somebody else's car as an example of the way that this company operates. The council will probably say that it is impossible to take back debts once they have gone to the bailiffs but this is a lie! If the council office are not helpful you can always contact your local councillor.

 

You should also remember the following:

 

1. Newlyn's cannot enter your home unless you give them permission or unless they find an open door or window. However, once they have entered, they have the 'right' to enter your home again even without your permission. So DON'T LET THEM IN IN THE FIRST PLACE!

 

2. If the council agree to take back the debt that is fine, but even if they don't you can still opt to pay the council instead of the bailiffs (but do not pay by direct debit because the amount taken can be changed without your permission).

 

3. Don't believe anything the bailiffs tell you, especially silly illegal threats about having you committed to prison. There's no way they can do that. In fact they have very little power - they are paper tigers!

 

4. It's very unlikely they will steal your neighbour's car, uness, that is, the bailiff doesn't mind doing a spot of porridge!

 

5.Check the charges they are trying to slap on. They can only charge £24.50 for a first visit and £18 for a second as long as you haven't signed anything, i.e. what is called a Walking Possession Order.

 

6. So REFUSE TO SIGN ANY DOCUMENTS.

 

If you do the above the most likely thing to happen is that they will eventually give up and you won't even have to pay their charges.

[tomtubby]

You should the following post answers most of your questions:

 

Bristow & Sutor and Council Tax(

[bingowings]

Hi thanks for the advice. Not sure as to whether mention anything to my neighbour just in case car does get lifted. But on other hand they will know my financial situ. Will be phoning council in the morning to complain about illegal levy plus what seems to be £200 in charges. After speaking to newlyn late friday afternoon they want £466 a month over 3mths. I'm afraid i panicked and agreed but in reality can't afford this much. No wp was signed, the car in question was parked in a communal parking area shared by all the residents. I don't even own a car, how he picked this one out is beyond me as there were other cars there at the time. Starting to panic abit any help plz.

[letsmakeamark]

Look at it in another way. If your neighbours car gets lifted . Your debt will be wiped and also what your neighbour will do is once the car is gone will give the bailiffs a run for their money.

[bingowings]

Spoke to council this morning, whereupon i was asked am i sure the car's not mine? I insisted on speaking to a superviser and explained problem, and asked him to remove illegal levy and charge. Asked him would council like to take part in a documentary that i may be in, to explain why council give approval to bailiffs to act as they please. Not surprising he declined but did phone me back to confirm that levy has been withdrawn and charge cancelled.

[bingowings]

Hi just a quick update council phoned again to APOLOGISE and will be looking to maybe taking back account. Worst scenario is that account stays with bailiff but with heavily reduced payments and no more charges. Could it be that mentioning i may be on the telly and willing to name n shame done it?

[bingowings]

Quick update have received another distress notice hand delivered from newlyn. Another car different to the 1st has been identifed as being mine and another charge now applied to my account. They won't accept that i don't own a car. I'm supposed to be paying them £466.00 on the 3rd of sept which i can't afford. Any advice please this is beginning to make me ill with worry.

[Saffronflowers]

Hi there could you PM which council please - could be able to help if not then do exactly the same again and kick up a stink

 

SFx

[bingowings]

Have just thought if all the illegal levvies against cars i don't own have been delivered by a motorcycle courier, does that mean that the bailiff hasn't actually been to my home. The 1st letter i received was def by guy on bike. Tried speaking to the council about 2nd levy only for the nerd to ask am i sure its not mine and maybe i changed ownership? to avoid my bills. Should be paying £466.00 tomorrow can only afford max £300. Feeling stressed can't sleep. They can't enter my home can they?

[tonycee]

The answers are already here.

 

The clue is in the wording, its called a distress notice for a reason.

That's exactly what it does, distresses people.

 

 

Don't pay them anything. Deal direct with the council.

 

Don't let them in.

No they cant enter, unless through an open window or door.

So don't give them that option.

 

If you pay them any money, it will just get swallowed up in fees, and make the situation worse.

 

I used to get all the letters you are describing.

 

STAND UP TO THEM.

 

Now i get letters of apology.

Edited September 2, 2008 by tonycee

[bingowings]

Thanks tony have already paid them £100 last mth as they said they would phone bailiff on his mob and get him to "come back round" so i panicked when they said they wanted £466 a mth and i agreed. Are there any letters i can download to complain about the bailiffs illegal levvy charges, and is there anyone higher than the bailiff co. who i can contact.

[tonycee]

You can complain about a bailiff HERE

Dont do it lightly though. You must have all the facts.

 

You can hand them this letter if they arrive.

 

 

— To: Bailiff Company

Dear Sirs,

Re: Account reference.

I refer to your letter dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a liability order etc against me, in respect of (council tax etc).

In your letter, you state that you will be visiting/returning to my home to (seize/auction etc my goods.) unless full payment of (enter amount) is made by return.

The purpose of this letter is to advise your company that I am aware of my rights, and that I will not allow a bailiff to enter my home peacefully to levy on my goods.

I would like to make it clear that I am not refusing to pay this debt, but as your company have levied on a vehicle that i do not own, and are attempting to make illegal charges, i will be making a form 4 complaint, and will be paying the council direct.

I am aware that under the Council Tax Administration & Enforcement Act 1993 (as amended), you can charge a first visit fee of £24.50 and a second visit fee, if necessary, of £18.00. No further visit fees can be imposed.

 

(ensure that you keep a copy)

Yours Faithfully.

[bingowings]

Thanks tony, well i phoned the council who couldn't give a toss and was told any payment made online to them would be returned, as the bailiff was dealing with my acc it would mess up the payments eh?. Anyway took the bull by the horns and phoned bailiff to make payment which should have been £466 could only afford £350. Was told by plonker on phone that i was breaking agreement and while he would take what i was offering this wouldn't stop bailiff calling to my home and his next words were "and you know what the bailiff will do" I informed him that i knew my rights and not to threaten me. After telling me i will go to prison, i replied only a judge could decide that not the bailiff and that he can't break into my hse. He quickly back tracked i only wish i had taped him. Dont feel as afraid anymore and will let dogs have full use of hse. They're there to protect me and my child

[bingowings]

If you receive a bailiff letter hand delivered by a guy on a moped, is that classed as a visit by the bailiff & can they charge you £24.50 for it?

[tonycee]

No, but they will if you let them

[bingowings]

Thanks tony you've been a great help think nearly all my letters have arrived this way. Will be sending of a S.A.R requesting screenshots and breakdown of charges. Have had the 2 illegal levvy charges finally removed, all thanks to you.

[bingowings]

Hi all need your help yet again. Just received a text mess saying bailiff will be calling tomorrow as i've defaulted on my agreement with them. Should have paid £466 but could only afford £350. Agent asked could i pay more the following week, i said i would try but couldn't confirm for definate. So today i receive this text. This company are really wearing me down, but i suppose thats what they are banking on, so i will let them in which i haven't so far. Is the text just a threat or will they call.

Can anyone please give me some advise.

[sillygirl1]

They may very well call - have you signed anything with them ie a Walking Possession Order - they will no doubt try and pressurise you into signing one.

[bingowings]

Nothing has been signed i've had 2 illegal levvies on cars 1 of which belongs to my neighbour, the other could belongs to god only knows.

[sillygirl1]

You need to put in a complaint about the bailiff then, if they have illegally levied then you do not owe the charges and a fraud has been committed. What was the original debt for - council tax - if so go to your council and explain what has happened. If it is a fine then go to the court and explain about the illegal levies.

 

I would get in touch with your local MP to get them to help - that is what they are there for.

[bingowings]

Yes its council tax, who by the way won't take account bk. I have to pay £30 by 9pm tonight otherwise bailiff will come tomorrow. I used my last £30 to put on a pre-paid credit card to pay them. But sods law it not working i have to wait upto 48hrs before it will work. Can't use my bank card as i'm slightly overdrawn. So basically i'm stuffed, up the creek without a paddle, and no have no money till friday. I'll just have to pretend not to be in, just hope he don't call before little un goes to sch, as she has a habit of opening the door.

 

Has anyone else had a text like this

[tinkerbell20]

Yes its council tax, who by the way won't take account bk. I have to pay £30 by 9pm tonight otherwise bailiff will come tomorrow. I used my last £30 to put on a pre-paid credit card to pay them. But sods law it not working i have to wait upto 48hrs before it will work. Can't use my bank card as i'm slightly overdrawn. So basically i'm stuffed, up the creek without a paddle, and no have no money till friday. I'll just have to pretend not to be in, just hope he don't call before little un goes to sch, as she has a habit of opening the door.

 

Has anyone else had a text like this

 

 

You can pay the council direct online.

[Fair-Parking]

Bingowings. The bailiff cannot enter your property unless you invite them to or leave a door or window open.

 

Nor can they enter if you are out and the house is locked. (Khazanchi v. Faircharm Investments 1998 )

 

Go to mom's - she probably thinks it's been far too long since you last visited.

[bingowings]

Tried paying council online payment was returned didn't realise till i spent it.

Am separated from hubby i don't work and not entitled to claim anything as hubby gives me £1500 per mth. Sounds alot of money don't it? but my mortgage is £1000 and what with child ben i have £575 to live on. Bailiff wants £466 per mth. I just can't do it, but they don't care. Told me today when i phoned them after getting the text, that i could go to prison. Yes i could i replied but a judge will decide that not the bailiff or your company. Anyone got a free bottle of wine, could do with drowning my sorrows.

Don't have any immediate family nearby fell out with them when my parents passed. So its just me little un and my dogs.