Council Tax Baliffs/Newlyn

[AppleCrumble]

Hi

I'm totally lost what to do and any help would be great.

 

I was unemployed and receiving Income Support for a while (lone parent) and then I got a temporary job. Because of some mix up with Housing/Council Tax benefit (they'd assessed me incorrectly), I carried on receiving housing and council tax benefit for quite a few months at a higher level then I was entitled to when I was working. Then the benefit was stopped, and I was receiving none at all... and I started getting arrears letters from the council saying I owed over £1,700 in Council Tax.

 

I kept ringing them, blah blah, and eventually it got sorted out but I still owed about £890 in Council Tax. I made an offer to the council to repay it at about £100 a month, but they refused me, and said it had already gone to a debt collector (this was last Dec). I then discovered they had taken me to court in July (although I had rang them then and explained the situation, that it was a mix up and the amount owed was incorrect, and been told it was on hold)

 

Then I started getting letters from Newlyns. I made an arrangement to pay and have been making them payments.

 

However - I've been reading these forums and looking into it and I'm sure I'm being asked to repay loads more then was originally owed.

 

I have recently registered with my Local Authority and looked at my council tax online - and the debt amount on there bears very little similarity to the debt I have been quoted from Newlyns. The figures are very different.

 

Also - and this really worrries me - some of the payments I have made to Newlyns don't seem to have come off the online statements with the Local Authority. For example I made a payment of £300 but my account was credited with just £101.50.

 

About 3 weeks ago, I asked Newlyns to give me a breakdown of the debt, what it was comprised, but all they have sent me is a list of payments I have made (I could have told them that - I've got them logged!). However, the amounts of the payments do tally, so I assume they are taking off a chunk 'for fees'.

 

I have asked them again today for a full breakdown of debt and fees, and initially they refused, saying they only had computer generated letters and couldn't do it, but eventually the person said they would get someone in the admin department to do it.

 

I'm a bit of a loss just now, what to do next, and very sick and panicky - my temporary job has just ended so I am going to be really pushed to repay the last £400 they are asking me for, and scared I am going to have baliffs at the door.

 

But I think I've repayed all that I owed and don't know how to prove it. I am sure it's wrong for Newlyn to add on about £220 in fees (this is what was quoted to me on the phone today).

 

As far as I am aware, there has been one baliff visit to my house - I made a payment to Newlyn over the phone on a Saturday, and the following Monday I had a letter through the door saying they were coming back on Wednesday to remove goods, and I rang up Newlyn who said 'ignore it, it's a mistake', so I did (foolishly I guess).

 

Any advice gratefully received on what else I should do. I can't sleep for worrying about this

[Tawnyowl]

Have read your thread -hoping someone will advise you soon,just wondering if the Newlyns you are with are this lot.Believe they operate on a commision,Sure someone will advise soon.Welcome to Newlyn - Great Collector of National Debts

[AppleCrumble]

I guess so... the logo is the same ... commission? Does that mean that the LA should be paying them?

[Tawnyowl]

I am no expert but it sounds like LA pay commision on moneys recovered but baliffs seem to add their own fees.I just read about Chelsea and Kensington 500k arrears money recovered 50k -fee paid about 8k byLA.So baliffs seem to do ok both ways,As you are so worried perhaps it would be wise to contact the CCCS - Free Debt Advice from the UK's Leading Debt Charity to help you through this difficult time.Dont open the door to any baliffs is advice i hear on here all the time-maybe this is good advice for now.Perhaps ring the council once more explaining changes or your local councellor for help in dealing with this.Like i say im no expert and others will advise-relax and get some sleep help will come,Tawnyowl

[hallowitch]

I have today taken advice from various organisations regarding my account with newlyn

 

I am therefore requesting you send me a true copy of the screenshot of my account

please provide me within 7 days from receipt of this recorded delivery letter

a copy of this letter and the screenshot will be sent to xxxxxxxx council and my M.P.

 

send this to newylns recorded delivery

[hallowitch]

i have today sent to newlyn for a screenshot of my account

i have spoken to various organisation regarding the charges newlyn have added to my account as i believe there may be unlawful charges

as newlyns work for xxxxxxxxx council as there agent for the collection of council tax i am asking you to look into this matter

I believe that the most a bailiff can charge when there is no levy is £24.50 for 1st visit and £18 for 2nd visit

newlyns added £220 charges to my account as soon as it was past to them as there is no levy on my account it gives me reason to believe that there may be unlawful charges

 

I would like to make a complaint against newlyns and ask that you take my account back as i will not deal with an unscrupulous bailiff

I will however be filing a form 4 complaint against the bailiff as soon as i receive the screenshot as i believe this will confirm these unlawful charges

 

send this to council recorded delivery

or hand it in and get a receipt

address to the head of council tax collections and put complaint on envelope if handing it in

Edited May 9, 2009 by hallowitch

[AppleCrumble]

Thank you for that.

 

I'm a bit confused by this .. when Newlyn took over the account from the local authority they straight away added on £220 (they have told me). Their fees. Can they not do that then?

This is straight away when they got the account, no-one had visited me EVER then.

[AppleCrumble]

Also - I have made all my payments by card, over the phone ... and they charge me a % surcharge on this ie if I paid £100 they would bill me £103, can they do this?

[hallowitch]

no to both i think the most they can charge is 80p

Ive changed post 6 a wee bit to include the £220

you must make sure it is a screenshot you ask for

when newlyn get the letter they will know that you want it to check there charges do not speak to them over the phone and do not let them into your house

if the bailiff phones you tell him you have nothing to say and it put it in writing

[FairPlay77]

Thank you for that.

 

I'm a bit confused by this .. when Newlyn took over the account from the local authority they straight away added on £220 (they have told me). Their fees. Can they not do that then?

This is straight away when they got the account, no-one had visited me EVER then.

 

YOU say that Newlyns have only made one visit to your address. Presuming that you did not let them in and that they have not levied on your car (if you have one), they can ONLY legally charge you £24.50. This is the statutory amount for a bailiff visit where they are unable to levy (i.e. enter your home to make a list of your property).

 

Judging by the information you have given, anything above that figure is ILLEGAL. If there are other factors that you have not mentioned, please get back to this forum.

 

If my understanding of your position as outlined above is correct, I suggest that you complain immediately to the local authority and write to Newlyns as follows:

 

Illegal Charge Re. Account Ref.....

 

I am reliably informed that your company has illegally overcharged me in respect of the above account.

 

You are only allowed to charge me £24.50 as you have only once attended my property. Your other charges are unlawful and I now demand that you immediately refund the sum of £...... that you have extracted from me under false pretences.

 

You have fourteen days to comply with my demand.

 

In the meantime, I am returning my account to the council and any outstanding charges will be made to them direct. I have, moreover, tendered a formal complaint to the local authority and you will, no doubt, be hearing from them in due course.

 

I look forward to receiving the above-mentioned refund within the specified period. I reserve the right to take legal action against your company and its directors should you fail to return the illegally extracted fees.

 

Yours etc

[AppleCrumble]

YOU say that Newlyns have only made one visit to your address. Presuming that you did not let them in and that they have not levied on your car (if you have one), they can ONLY legally charge you £24.50. This is the statutory amount for a bailiff visit where they are unable to levy (i.e. enter your home to make a list of your property).

 

Judging by the information you have given, anything above that figure is ILLEGAL. If there are other factors that you have not mentioned, please get back to this forum.

 

As far as I am aware they have only made one visit. I don't drive, so have no car, so they couldn't levy on that; and if they attempted to do something like that surely I would have to know?

 

I'm quite confused as to all the legalities on this. I know as soon as the account was taken over they had added in a whole bunch of fees as the debt went up from £880 to just under £1,050 from the very first letter I received from them. I do admit I had a few letters from them before I responded, as a friend had recently died and I just kept putting off dealing with it.

 

It sounds as though right from the start they added on fees which they weren't entitled to add on - can someone point me to somewhere where I can check out what they can (and can't) legally charge me? I feel nervous writing letters until I'm absolutely sure of everything.

[hallowitch]

bailiffs cannot charge for letter they can only charge for visits to to your property

you have no levy (it is common for a bailiff to levy any car in the street and then say they have reason to believe it is yours because it is outside your house) so the most the bailiff can charge you is £42.50 if the have been to your house

the reason for getting a screenshot of your account is because it gives the time/date of these alleged visits the charges they have added when the charges were added and what the charges are for it also gives you the bailiffs name

tomtubby bailiff expert on here search her posts

happy contrails is very good at putting legislation in her posts so worth a read

you defiantly have unlawful charges on your account so you need this screenshot

[AppleCrumble]

Thank you very much both for your advise. I really really do appreciate it... went to bed about 7am worrying about all this but finally am feeling a bit positive and hopeful at getting somewhere!

 

I'm getting on with the screenshot letter straight away.

 

Thanks :o)

[FairPlay77]

bailiffs cannot charge for letter they can only charge for visits to to your property

you have no levy (it is common for a bailiff to levy any car in the street and then say they have reason to believe it is yours because it is outside your house) so the most the bailiff can charge you is £42.50 if the have been to your house

the reason for getting a screenshot of your account is because it gives the time/date of these alleged visits the charges they have added when the charges were added and what the charges are for it also gives you the bailiffs name

tomtubby bailiff expert on here search her posts

happy contrails is very good at putting legislation in her posts so worth a read

you defiantly have unlawful charges on your account so you need this screenshot

 

THE £42.50 can only be charged if the bailiffs have made two visits. In the poster's case they have only made one visit, so the correct charge is £24.50. And, yes, they can't charge for letters, no matter how many times they have written.

[hallowitch]

typing mistake sorry typed it back to front it should have said £24.50

[k1mmie]

Don't hold your breath for the screenshot though. I made a similar request for charges over 3 weeks ago now and I have a complaint 4 at Northampton court going through now. I spoke to the court on Friday and Newlyn had not sent them their response within the 14 days they stipulated. In the end they had to call them and ask where it was? They were told some rubbish about trying to gather information and promised to give it to them by return. Let's see what they come up with. If you have the bailiffs name, do your form4 with his certificated court, if not go to Northampton as Newlyns area, and say they refuse to give you the name of the attending bailiff.

[Tawnyowl]

I once had a 200.00 mysterious charge added-called it a file refferal fee grrrr.Following your thread AppleCrumble.Be strong.

[AppleCrumble]

Got a reply from Newlyns today. Not a screenshot, just a letter.

 

The fees they now quote are:

Visit fees £42.50

Levy fees £51.00

Enforcement fee £105.00

Original debt £898.98

 

So now what? They tell me they won't give me a SAR unless I send them £10 (I didn't actually ask for this though, I asked for a screenshot)

[hallowitch]

what did they levy on did they leave you a form 7

there is no such thing as an enforcement fee

write back to them telling them you did not send for a s a r

you asked for a screenshot and there is no charge for this

 

found this on a post by tomtubby

The Enforcement Fee cannot be charged. The purpose of the visit was to "levy" upon goods and for this he can charge a levy fee. The "enforcement fee" is really an "attendance to remove" fee. Should not be charged

[AppleCrumble]

what did they levy on did they leave you a form 7

there is no such thing as an enforcement fee

write back to them telling them you did not send for a s a r

you asked for a screenshot and there is no charge for this

 

found this on a post by tomtubby

The Enforcement Fee cannot be charged. The purpose of the visit was to "levy" upon goods and for this he can charge a levy fee. The "enforcement fee" is really an "attendance to remove" fee. Should not be charged

 

I don't know what a form 7 is and pretty sure I haven't seen one. I've no idea what they may have levied on.

 

As far as I'm aware, they have only visited once.

[AppleCrumble]

The one time I know they had come, I wasn't in, and it was a day or two after I'd made a payment anyway. Also if they didn't come in, how could they have levied on anything?

[hallowitch]

you have got an unlawful levy on your account thats why they don't want to send you a screenshot because this will have the bailiffs name who added the levy and the time and date of the levy

did you send a letter to the council

get on the phone to your m.p. or e-mail him

[hallowitch]

even if they had Levy on a car or garden furniture they would have to have left a form 7

 

if you feel left out i have 2 I'm sure i can send you one although they are not worth the paper they are written on (got them both removed from account)

[k1mmie]

Mine did not leave a form 7 and the judge has not even made a comment on that, even though I stated that on my complaint! In fact my levy was on photocopied paper from Newlyn obviously faxed over to the attending bailiff, who so kindly put a tiny squiggle as a signature. I did receive the GPS paperwork from Newlyn and the report but together do not make sense.

 

What is confusing me is Newlyn gave me a name and number to call after receiving the levy and told me I had to speak to the bailiff. WHen I called there was no answer and he never returned my call. However, his name is not on any of the paperwork and think something suspicious is going on here.

[hallowitch]

mmmmm ive just had look at my daughters

 

are the saying that one was posted through your letter box and this is a copy or this fax is your form 7