newlyn bailiff help!

[bathy1]

hi all:). i have a slight problem on the go with newlyn bailliffs!

 

long story short, unpaid parking ticket. completely forgot about it even after i got the letter saying it had been to court. not disputing the ticket at all ,but, i am a little mad at how this company are dealing with it.

first i know , letter drops through the door telling me i owe £356.48 ( original debt of £155) spoke to one of their " advisors" on the phone who informed me that i was being charged for three visits!!!!! having written to them asking for a breakdown of their charges and informing them that no visits have actually been made, they have replied, stating that the visits were made , so where do i go from here ? dont mind paying the original debt but im not just going to sit back and get robbed!

[carlosmaderos]

im in exactly the same position with equita, £189 turned into £385. Was in the process of writing for a price breakdown myself but wondering if its worth it? Equita wont even speak to me about it and when i called the bailiff he hung up on me as soon as i said i cant afford the full amount.

 

Good luck!

[Guest Happy Contrails]

so where do i go from here ? dont mind paying the original debt but im not just going to sit back and get robbed!

 

To fix the fee irregularities, send the bailiff the windup letter by post and by email

 

The Omnipotent Bailiff Co, Plc

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your fees.

 

I write following visits by your bailiff however there appears to an irregularity with your fees and I am writing to ask you to provide me the following within seven (7) days:

 

1) The name of the court that issued the certificate for the bailiff in charge

 

2) Written confirmation of a) your fees, and b) the original debt

 

3) The name and address of the organisation that instructed you

 

4) a) Truthfully confirm in writing your fees are lawful and comply with legislation or b) refund me the unlawful fees plus reasonable compensation for being cheated by your certificated bailiff with his fees by midday the seventh day from the date of this letter.

 

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss therefore, if no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically file a complaint to police under the 2006 Fraud Act and the Proceeds of Crime Act 2002. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence. If your bailiff is certificated, a Form 4 will be filed.

 

This letter is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

 

[kurvaface]

[k1mmie]

These are a bunch of crooks! Make sure you send anything recorded delivery and dont hold your breathe for the information. I have sumitted 4 requests to these idiots for screenshots and never had them, they duck and dive out of things. They will also try to tell you that any request for information accounts to a SAR and want £10. Be prepared for that!

 

They would not send me any information and it was only when I put a form4 complaint in that they submitted some of the paperwork (which I received from the court, not Newlyn). They provided a GPRS report which does not prove they knocked on my door. It states the longtitude and lattitude of location and street name, other than that nothing!

 

Be persistant and if you want to put a form4 complaint in, I will give you a name of a contact at the court!

 

Newlyn outsource their work to private bailiffs, so it may be they are contracted to your local council and that's how they got your case. Good luck!

[bathy1]

got a letter from them today,after i wrote to them requesting the name of the bailliff and the court which issued his license, so i could file a form 4, and requested a copy of my screen shot. both requests were denied!!!!! what can i do now to get this info from them? surely i am legally entitled to this info!!!

 

got a good mind to make a fraud complaint to the police! would they do anything?

 

 

also is it down to me to prove they didnt make these visits, or is it down to them to prove they did!

[k1mmie]

From experience this is the usual nonsense Newlyn approach. You can file a form 4 against Newlyn claiming that they refuse to give you the name of the attending bailiff. They soon cough it up in their report! PM me if you would like a contact at the court to send it to and a judge who is dealing my case against them for exactly the same thing.

[razaul28]

To fix the fee irregularities, send the bailiff the windup letter by post and by email

 

Hello Happy contrails,

 

I sent your letter off to Newlyn and this is the break down they gave me back

 

Council Debt: £185

First Letter: £11.20

Enforcement Fee?? £105

Visit Fee 1: £62

Visit fee 2: £65

Visit Fee 3: £69

Vat: £46.83

Total: £544.03

 

They didn't visit in the sense they knocked on your door and waited they just pushed letters through the letter box.

 

Apparently this is all chargeable under Enforcement of Road Traffic Debts regulation 2003. I had a look at these charges under the regulations but i couldn't see visitor fees or enforcement fees.

 

Can you help ???

 

Thx

 

Raz

[ambershadow]

They can't charge you all that for visits Happy contrails has posted what they can charge you.... they are commiting fraud with their charges

[KANGXI]

Most bailiff used by Newlyn PLC are certified via Liverpool County Court, they have a Bailiff dept that will deal with any complaints. Newlyn also operate a consumer credit licence and the office of fair trading will look into any complaint that relates to them operating a licence, which will look at the probity of the company involved. Your local trading standard dept is the next place to go. They can follow up complaints on your behalf.

 

Last of all write an email to your MP. The more complaints they get about bailiff conduct the harder they will look at their powers. A long game but important.

 

Contacts at Liverpool CC is bailiffs@liverpool.countycourt.gsi.gov.uk.

 

PS They sometimes issue certificates via Northampton CC too try there

[bathy1]

just to update this issue, after a few exchanges of letters between me and newlyns ( threatning form 4 etc) got a letter from them today saying they have reviewed my case and are willing to drop the charges to £220, " but in no way is this an admission of guilt on their behalf" . so they are still trying to make £70 for doing nothing!

 

do you think i should carry on fighting this one?

[hallowitch]

do you think i should carry on fighting this one?

 

i think you should carry on and also get your M P involved

and if you haven't already complain to the council

[lets fight bailiffs]

you have given them a letter of complaint and you are not happy with the outcome, a form 4 would now be a good thing as they have refused you a screan shot and there fees are still too high.