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bay42

Do I have to take Newlyn to court to sort this out?

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Hello

A call today, after nothing for months, had me shaking and crying all over again about this - which is ridiculous. So I want to get it finished with and resolved.

 

The details of how this situation came about are in the thread at http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/179346-levy-fee-charged-car.html

 

Basically, I owed the council business rates, they sent in the bailiffs who put a levy on my car on their second visit. I immediately sorted out an arrangement to pay, and did so. The bailiffs however added a van fee of just over £200, which I am refusing to pay. With tomtubby's help and others here I know what they can and cannot charge, and paid those fees. But I made my payments to the bailiff so they kept the full amount of their fees and did not pay the council in full.

 

I took this all up with the council, send copies of exactly what is legally allowed, but they don't want to know and refuse to acknowledge that their bailiffs have charged illegally.

 

But what now? I have moved, am now single with 2 young kids (irrelevant, but it makes a difference to how scared I can get, somehow), and today just one call has me quaking and worried that they will arrive and just take my car or break in - I know they cannot, but they don't do "legal" obviously, so they just might - and I am afraid of that.

 

Do I take Newlyn to court? Or the council? Does anyone have experience of this stage, or can you suggest who can help me with this as I really want to move on with life and not be afraid (my choice, I know, but goodness these guys are such bullies - even I am afraid of them).

 

Thanks for any guidance.

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well Ive read your other thread and i think its time for a form 4 complaint

 

below was posted by tomtubby i would say this is your next course of action

 

 

My comment is made on the basis of experience of the many cases that are being made to the Courts which are being rejecting on the basis that a Form 4 is the wrong course of action as the company should have first been given the opportunity to correct any mistakes.

 

A Form 4 Complaint is a serious matter and if the court agrees that the complaint is serious enough he can ultimately take away the bailiffs certificate which will lead to him being unemployed and this is possibly why some courts consider that the compliant should first be taken up with the bailiff company.

 

For the collection of council tax, if a person is "aggrieved" at a levy made by the bailiff, Regulation 46 of the Council Tax (Administration and Enforcement) Regs 1992 provide that an application should be made to the MAGISTRATES COURT .

 

The following is a TEMPLATE of such a complaint and in all cases that we have advised on, it is recommended that a copy is sent to the LOCAL AUTHORITY and the bailiff company before being sent to the Magistrates Court.

 

Any questions, please post back...

 

 

Mr Jo Blogs

1, High Street

Anytow

Post Code.

 

The Chief Clerk[/font]

xxxx Magistrates Court[/font]

 

 

 

Date:

 

Dear Sir/Madam

 

Council Ref: xxxxxx[/font]

 

I am writing to request that you issue a Summons against xxxxxxx Council by virtue of Regulation 46 Council Tax (Administration and Enforcement) Regs 1992 as a matter of urgency.

 

 

 

I am aggrieved by the levy carried out by Mr Smith of ABC Certificated Bailiffs on (enter date) for the following reason:

  • The bailiff visited my premises and he has provided a Notice of Seizure of Goods & Inventory advising me that he has levied against a vehicle that was outside/on the drive of my home.
  • This vehicle is not owned by me. I do not know the owner of the vehicle and it would appear that the bailiff has assumed that this is my car because it was parked close to my home.
  • The bailiff in seizing this vehicle, has charged me a levy fee of £50 together with an enforcment fee of £150 and I am advised that unless I pay the amount of the Laibility Order of £xxx together with the charges associated with this levy, that the bailiff will be attending at my property to remove this vheilce to satisy my council tax arreas and in addition I will also be liable for further charges for "attending to remove" and I could also be in position of being personally liable to the owner of the vehicle.
  • I have written to the bailiff company and the local authority concerning this levy but my complaints have been ignored.

I trust that this information will be sufficient and please do not hesitate to contact me if you require any further information.

Yours faithfully

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Thank you - I will do just that, though am tempted to just send it in as I've sent a number of letters to both Newlyn and the council and they dismiss what I say

 

It helps to understand the next step - thanks again.

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Hello

A call today, after nothing for months, had me shaking and crying all over again about this - which is ridiculous. So I want to get it finished with and resolved.

 

The details of how this situation came about are in the thread at http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/179346-levy-fee-charged-car.html

 

Basically, I owed the council business rates, they sent in the bailiffs who put a levy on my car on their second visit. I immediately sorted out an arrangement to pay, and did so. The bailiffs however added a van fee of just over £200, which I am refusing to pay. With tomtubby's help and others here I know what they can and cannot charge, and paid those fees. But I made my payments to the bailiff so they kept the full amount of their fees and did not pay the council in full.

 

I took this all up with the council, send copies of exactly what is legally allowed, but they don't want to know and refuse to acknowledge that their bailiffs have charged illegally.

 

But what now? I have moved, am now single with 2 young kids (irrelevant, but it makes a difference to how scared I can get, somehow), and today just one call has me quaking and worried that they will arrive and just take my car or break in - I know they cannot, but they don't do "legal" obviously, so they just might - and I am afraid of that.

 

Do I take Newlyn to court? Or the council? Does anyone have experience of this stage, or can you suggest who can help me with this as I really want to move on with life and not be afraid (my choice, I know, but goodness these guys are such bullies - even I am afraid of them).

 

Thanks for any guidance.

 

You may be better off in paying newlyns what they want and then issuing a form 4 and also a small claim against them. This way you will be gauranteed further peace.


So whats cooking today ?

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I don't trust that I'd get it back though. I appreciate that this really ought to be the course of action - but a spare £200 is not really on just now - I'd have to borrow it.

 

It's ridiculous that I don't trust that the legal system will do and uphold the law. I'm expecting them to say that they did turn up with a van and that the fee is a reasonable one - I really think that is what will happen - but it's wrong - but I am sure that the court will believe the bailiff and not me - because that is what it boils down to in the end, I suppose. When the council "sided" with their bailiff, I was shocked as it's very clear and I'd been very calm and factual about it all - but still I refuse to just pay them - it's wrong.

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I don't trust that I'd get it back though. I appreciate that this really ought to be the course of action - but a spare £200 is not really on just now - I'd have to borrow it.

 

It's ridiculous that I don't trust that the legal system will do and uphold the law. I'm expecting them to say that they did turn up with a van and that the fee is a reasonable one - I really think that is what will happen - but it's wrong - but I am sure that the court will believe the bailiff and not me - because that is what it boils down to in the end, I suppose. When the council "sided" with their bailiff, I was shocked as it's very clear and I'd been very calm and factual about it all - but still I refuse to just pay them - it's wrong.

 

Look at it from their point. They will not want to get involved in a court hearing and end up explaining to a judge how there charges are calculated. This is gauranteed. Especially when the judge asks them questions which they do not want to answer. If you loose you can then post up the transcript of the hearing here. They wouldnt want that at any cost.


So whats cooking today ?

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Speaking from experience, the council don't give a damn. They side with the bailiffs, and wipe their hands of you. Put a form 4 complaint in and make a stand. Do not let this company get away with it. I have a complaint currently going to the courts in November for a hearing and for Newlyn to explain their reasoning for exactly the same thing as you. It is a drawn out process (as I chose to stick with a particular judge), however, Newlyn are back pedalling all the way and grovelling to the court, ad it's great to see. About time they had a share of it!

 

Tomtubby is an absolute godsend and will advise you accordinlgy should you wish to take it further. If you pm me the name of the attending bailiff I will let you know if this is the same one I am complaining about!

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Yours isnt kenny is it ?


So whats cooking today ?

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Thanks k1mmie - it helps to hear that. Will PM you - though the bailiffs have changed - the first one was reasonable, but then it was passed earlier this year to a real bully - but then the call this week was someone different again (didn't get his name, but have his number and will find out). The thing is it's Newlyn that need to get their house in order (I can hear the nationwide laughter at the idea of a bailiff agency doing that - hush now - one day...) - reckon they tell their bailiffs to do what they want and don't train them properly.

 

tomtubby was brilliant in helping me get to the information but think she's too busy just now - can't get hold of her. she must get inundated, sadly - and when this is all sorted I want to do something to support her so that there's more help available - not sure how, but something - I get so very angry that less stubborn people or those in worse situations probably just pay when they are being bullied into it. (steps off soapbox)

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If i was in your position then by now newlyns would be making me offers to stay out of court.


So whats cooking today ?

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Well I will do the form 4, send it to them first (and copy in the council) and give them a few days to respond (but not many) and then go for it.

 

Will update here too.

 

Thank you all so much - this forum is vital for helping people know what's right and what's not.

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Newlyn will put a report in response to your complaint. They will lie an bend the truth as much as they think they can get away with. Keep any evidence to hand as proof, you will need it. If you want the contact details at the court and the judge I am using, please PM me, as they have been brilliant! Good luck.

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Newlyn will put a report in response to your complaint. They will lie an bend the truth as much as they think they can get away with. Keep any evidence to hand as proof, you will need it. If you want the contact details at the court and the judge I am using, please PM me, as they have been brilliant! Good luck.

 

 

good glad your doing OK with this

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Right then - form 4 completed and on its way to Newlyn first, copy to council and then to the court on Thursday of next week.

 

Goodness this is draining and taking far too much of my time away from the business and the kids, but has to be done. Will update again next week in case useful for others.

 

Thanks again for your support here.

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A word of warning though to you all who challenge these idiots. I have a hearing date, but out of the blue last night Newlyn bailiffs turned up at my house, and clamped my car and put lovely big stickers over the windscreen/windows. They demanded the balance of last years council tax (with their charges still added on even though we are going to court over this), I told them I did not have it, that I hadm ade regular payments to the council. They said that the council had not agreed an arrangement and that they would be seizing my car today unless I paid up. I said I couldn't that we were only in receipt of JSA. He said well coming tomorrow. Sure enough this morning 11.30am they took the car.

 

I have never had a levy on this vehicle, they told me they had a court warrant and left only a Newlyn Damage report sheet. It looks exactly like the sheet they give you at a car hire company with a picture of your car, and marks down any bumps, etc. The only thing giving this away are the words is normal print saying Parking Enforcement Vehicle Removal sheet. It does say the client is the council.

I have no prices, no mention where they have taken the car, NOTHING!!!

 

I think this is a vendetta from Newlyn and the council have no balls, instead they are doing whatever Newlyn ask them to do.

 

 

Not a happy person. Had sold the car on ebay prior to this! I have to tell the buyer that I can't complete the sale now.

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OK - thanks for this heads up. I think I'd better be careful - I do have a garage that I can empty and use, and get a second padlock for it if necessary.

I've paid off all of the council debt although Newlyn have not passed all of those to the council and have taken that as payment of their fees - so not sure where that stands. I suppose if I'm that scared I need to just pay the fees and then fight it out through the court. I copied the council who said they'd get Newlyn's take on it all (they said that before and then still did not refer to the legalities of such situations).

Oh I don't know - I'd be buggered without the car - big time. And as they have my new address I will be surprised if they don't come round, to be honest.

This really is so wrong.

/rant

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Actually I think I need help fighting this. tomtubby is not answering my emails so does anyone know of someone else they'd recommend? Or is the consensus that I should just pay up and then fight it?

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I know Tomtubby is snowed under at the moment. I'm sure she will get back to you as soon as she can. Hallowitch is also a world of wisdom! Good luck.

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I had an old email address for Tomtubby - that's the reason I could not reach her - phew! Thanks k1mmie - Hallowitch indeed has also been helpful. Won't it be great when these nightmares are done with!

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Afraid mine is to drag on for quite some time. Court hearing not until November!

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Oh dear, k1mmie - will keep you updated on this. The latest today is a letter from Newlyn stating that the issue is back with the council and not with them any more. Also they are adamant that the fee charges for business rates are not the same as for council tax. I will check once again with the sources and then send off the form 4. I want this sorted once and for all, so will also confront the council about this too as of course their records will show an outstanding balance still - Newlyn having kept the £200 odd for their illegal fees. Their letter was very detailed and they state that if I take it to court they will fight it all the way. Will post more as I know it so that it can help as many of us as possible.

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Good luck with this and if you want any contact details at the court please PM me. It may drag out but I am sure if the same judge gets all these complaints in will not go in their favour.

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