Newlyns bully boys

[rich777]

After sending the template letters that someone kindly gave me here last week. I have recieved a reply letter from the council recovery dept.

 

For information i told them i would not be paying the baliff a penny and would pay the council direct £100 a month from a bill of £1385.. (Which i think is fair)

 

The council reply:

 

Dear Mr and Mrs *****

 

Thank you for your letter and financial statement dated 7th Jan 2009

 

I have looked at the financial statement and considered your payment offer of £100 per month.

 

Unfortunately we will only be prepared to accept an arrangement through Newlyn PLC spread between now and the end of the financial year.

 

I would again advise that you seek free independant advice from an agency such as the CAB, I would also suggest you consider applying for Housing and Council Tax Benefit or as your rent takes up a large proportion of your weekly expenses, consider a property with lower rent.

 

Please contact Ben Smith of Newlyn PLC to agree payments to finish no later than 31st March 2009

 

Yours sincerely

 

******* *****

Revenues service

 

 

Well he plainly did not read the letter sent as i did state i would not be paying the baliff a penny but would continue to pay the council as stated.

 

Also the words " I would again advise you seek advice from the CAB"

 

He has never advised once that I seek advice. So where he gets "again" from is a mystery.

 

Does anyone suggest my next move is to send him a letter stating that i would be paying that £100 a month direct to them and if they wish they can take me to court again.

 

I still have had no reply from Newlyns asking for a statement, to include the added charges (added overcharges!!!) which i also sent on the 7th giving them 7 days to reply.

 

any advice would be helpfull. but I do think we are on the right track.

 

Thanks

[chris600uk]

Rich you need to keep adding to your original thread, cos it's impossible to remember the details of each one.

[freakyleaky]

2 threads merged.

[chris600uk]

thanks F.

 

 

You can't blame the council officer for what he's written, that's what he's supposed to say.

 

It's a marathon, not a sprint - and you'll have to keep writing.

 

I think he has read your letter

 

Any response should be polite.

[rich777]

thanks F.

 

 

You can't blame the council officer for what he's written, that's what he's supposed to say.

 

It's a marathon, not a sprint - and you'll have to keep writing.

 

I think he has read your letter

 

Any response should be polite.

 

Thanks and sorry... will keep any future updates in here..

[rich777]

UPDATE !

 

After writing to the council again stating that I would only be paying the Council and NOT Newlyns. I recieved this reply.

 

Dear Mr *****

 

I have spoken to Newlyn PLC who inform me they are responding to your enquiry regarding fees.

 

I also refer you to my letter dated 16th January which states the debt is being handled by Newlyn PLC who may be prepared to offer an arrangement for weekly payments with the debt being fully paid in full by March 31st 2009.

 

So in effect they seem to be completly ignoring my letters and sticking to their guns about dealing with Newlyns and the time I have to pay this by.

 

Any ideas on my next step ?

 

Whilst I am almost sure what i have been advised here is correct. I am worried that Newlyns will just keep coming back until they get in.

[ambershadow]

Keep paying the council rich Don't give up no matter what they say

 

I have sent the same letter twice to the same bailiffs firm and both times they have passed back to the council. you dont by law have to pay the bailiffs But you do have to pay the council tax, your not breaking any law by paying direct

 

 

kEEP going

[ambershadow]

As long as you don't give them access or leave any doors or windows open theres not alot they can do

[rich777]

Keep paying the council rich Don't give up no matter what they say

 

I have sent the same letter twice to the same bailiffs firm and both times they have passed back to the council. you dont by law have to pay the bailiffs But you do have to pay the council tax, your not breaking any law by paying direct

 

 

kEEP going

 

I am sending them (Newlyns) a copy of a form 4 complaint that i intend to lodge with the court on Friday. regarding the excessive fees and their bullying tactics.

 

I have not had any response to two letters asking for a statement of charges.

 

Am I risking P***ing them off ? and making them more determined to get into our home ?

[ambershadow]

LOL Rich I would like to be a fly on the wall when they get the letter's hahaah

 

Jbw didn't reply to my letter's either, But expected me to pay

[ambershadow]

GOOD LUCK Rich

[rich777]

GOOD LUCK Rich

 

Thanks... :grin:

[rich777]

I have done all the relevent letters etc ... the council are completely refusing to take back the debt even though I have been paying them regularly.

 

I wrote to Newlyns on 7th Jan asking for a statement as they had added charges excessively and threatened them with a form 4 complaint.

 

I heard nothing back for 2 weeks so i faxed them a copy of the form 4 complaint i intended to file. Again nothing back in the time frame given..

 

yesterday I filed that form 4 with the relevent court.

 

Today I get this letter from Newlyns.

 

Thank you for your recent letter the contents of which have been noted. We are also in reciept of the copy of the form 4 complaint and are awaiting further instruction from the court in this matter. We would advise it is our intention to vigourously defend any complaint made against our bailiff or the company.

We would assure that we take complaints of this nature very seriously and the matter has been investigated in accordance with company procedure. The bailiff has produced a full written report and has been interviewed by his manager. We would comment that Mr Smith is an experienced bailiff and complaints against him are very rare.

Please see a breakdown of debt and fees listed below for your information.

Council debt: £2140.90

Visit fee 1: £24.50

Visit fee 2: £18.00

Attendance fee: £100.00

Card Surcharges: £25.16

TOTAL Debt: £2308.56

Paid: £963.92

Balance £1244.64

(now the best bit)

Following a review of the file we have removed the £100 attendance charge incurred on Jan 6th. We do curreently have a levy noted against a Gold Rover BK******* which has been confirmed by the DVLA to be registered to you and your address. However as no levy fee was applied, The associated attendance fee has been removed.

I have spoken with the council today and they have instructed we re-attend the property ini order to enforce the outstanding debt against you. We remind you that we are acting as per their instruction and the authority granted by the magistrates liability order.

The council have advised you the minimum arrangement is until the end of March 2009 and therefore unable to accept the offered £100 per month. We would request you contact this office as soon as possible to discuss payment. If no response is recieved from you within 7 working days our bailiff action will resume without further notice..

 

A few things strike me here, maybe someone could enlighten me.

 

1, Have they just admitted to the excessive charge ?

 

2, The bailiff only came to our house and left a notice ONCE, and now they are saying that he in fact came twice, therfore adding that £18.00

The amount addded brought my total up to over £1500 according to his first notice, their numbers just do not add up ..

 

Does this letter constitute a proper statement. no dates have been given for payments .

 

Lastly and more worryingly. On the day the bailiff turned up I was out in that car. Our house is completely inaccessable there are high fences all round and the cars are 100% always garaged, there are no windows that he could have looked in to get that numberplate. How did he levy the vehicle. and If he did, legally, I am sure they would be back strong arming their way in to get that car. but the letter says they have removed the levy... Sounds very odd

 

Before i make my next move can anyone enlighten me please. As i am now worried about their next move

 

Many Many Thanks, in advance8)

[kiptower]

as far as I know this is also a NO NO

 

Card Surcharges: £25.16

i am sure someone will confirm this

[rich777]

as far as I know this is also a NO NO

 

Card Surcharges: £25.16

 

i am sure someone will confirm this

 

 

 

Yes that would be nice to know too

[chris600uk]

Council debt: £2140.90

Visit fee 1: £24.50

Visit fee 2: £18.00

 

That's correct for the two visits

 

 

Attendance fee: £100.00

 

Can't charge that if they didn't levy.

 

 

Card Surcharges: £25.16

 

Credit Card charges are unlawful there's been a ruling on that.

 

Did you pay them by credit card?

 

 

We do curreently have a levy noted against a Gold Rover BK******* which has been confirmed by the DVLA to be registered to you and your address. However as no levy fee was applied, The associated attendance fee has been removed

 

Is there any paperwork? Yes they can do that, they are entitled to climb over your walls, and even put a ladder up to an upstairs window.

 

Of course, DVLA registration isn't proof of ownership, so if you'd already sold it to a family member or anyone, the levy would be invalid.

 

 

Time you wrote back to them copies to all who should be concerned, naturally8-)

[rich777]

That's correct for the two visits

 

 

 

 

Can't charge that if they didn't levy.

 

 

 

 

Credit Card charges are unlawful there's been a ruling on that.

 

Did you pay them by credit card?

 

 

 

 

Is there any paperwork? Yes they can do that, they are entitled to climb over your walls, and even put a ladder up to an upstairs window.

 

Of course, DVLA registration isn't proof of ownership, so if you'd already sold it to a family member or anyone, the levy would be invalid.

 

 

Time you wrote back to them copies to all who should be concerned, naturally8-)

 

They have only made one visit that I know of. Nothing was put in our letterbox to say he had come back.

 

they have taken off the £100 now.. but is that an addmission of guilt i can send the court to add to the form 4 ?

 

I paid by credit and debit card. have all reciepts

 

Regarding the car.. There is no way he could get a ladder to see in the window to the garage. and even if he could there is no way he would see the reg number. Can he get details of any cars you might have from the DVLA.. Oh and the car is my daughters.. just registered in my name. can i get round this if needed..

 

Also they have taken the levy OFF the car which i found odd ??

 

 

letters going off now

[chris600uk]

the car is my daughters.. just registered in my name. can i get round this if needed..

 

yes, have your daughter claim it back off them, statutory declaration should do it.

 

DVLA registration is not proof of ownership, nor is an insurance document, although you would be advised to have informed the insurance co. of your daughters interest in the car - just a thought.

[tomtubby]

We would assure that we take complaints of this nature very seriously and the matter has been investigated in accordance with company procedure. The bailiff has produced a full written report and has been interviewed by his manager. We would comment that Mr Smith is an experienced bailiff and complaints against him are very rare.

 

 

By lips are sealed but this statement is very interesting......... !!!!!

[rich777]

We would assure that we take complaints of this nature very seriously and the matter has been investigated in accordance with company procedure. The bailiff has produced a full written report and has been interviewed by his manager. We would comment that Mr Smith is an experienced bailiff and complaints against him are very rare.

 

 

By lips are sealed but this statement is very interesting......... !!!!!

 

Confidentiality ??? or can you actually say in a PM ?

 

Or should I just presume there are actually lots of "compliants" against this bailiff?

[rich777]

Just to let anyone who has been readig this know.

 

And to reassure anyone going through the same thing.

 

We got a letter from our council after we did everything suggested on this forum.

 

Without typing the whole letter . they have agreed to take our debt back from Newlyns provided we offer them a reasonable settlement to pay the arrears.

 

They however, do not accept any error on the part of the bailiff.. !!!

 

But we are pressing on with our form 4 complaint in the bailiffs registered court..

 

The letter did contain a couple of barbs.

 

They noted that we had taken advice from this forum.. (I didnt tell them !!)

They suggested that I should take advice only from the CAB and cautioned against taking advice from here as it would be totally unreliable...

 

They also stated that should we not come up with a suitable proposal. then they will request the Magistrates court to commit us to prison..

 

Every single letter i have sent to either Newlyns or the council have stated that at no time was I refusing to pay.

 

 

Anyway..

 

should anyone want any help please do not hesitate to ask..

 

 

I am more than happy to pass on our experience in thsi as we are sick of hearing the same tactics used over and over by these ****.

 

I have written to our local paper who are interested in running a story on how these people act. I hope they do and we can help others who do not have access to this site..

 

 

good luck all.