Debt Company will not accept my payment plan...

[MechJerk]

My partner has received a notice of distress from Newlyn regarding a debt of 330. This all goes back to her miss-paying her council tax by £8.50 last year ...

 

She phoned them up and said because we are currently on benefit she could only afford £20 a month payments. They said they wont accept this and can only accept they want £110 over three months. She said she could not afford this and they said she can pay £20 but they would be forced to send round the bailiffs.

 

Can they just send round the bailiffs even though I am willing to pay this fine, and can they just not accept my offer? The other problem is how do the bailiffs work out what belongs to my partner and what belongs to me. Can they come in and put a claim on the computer, wii and Tv which I paid for, even though it's my partners debt...

 

New development see post #19

Edited September 5, 2009 by MechJerk
Added information...

[Pinky69]

When you talk about a "fine", was she taken to court over this?

[postggj]

contact the council

go around there to the comunity charge section

 

tell them about this

that you will pay 10 quid a month

 

tell them as you are on benefit you are a vunrable person

 

ask the council if you can pay them direct

 

 

have you a break down of the baliffs charges, they have prob ripped you off

[MechJerk]

Sounds odd but we are not sure if she was. She does have a Magistrates liability order so I would imagine it has been taken to court, but she did not attend court, and we can't find any letter telling her it was going before a court.

[MechJerk]

postggj newlyn are saying that we cannot pay the council direct as it has been passed on to them.

 

They are charged us

 

167.78 for the council tax (8.50 debt and then various fines for not paying)

175.50 bailiff charge

[saintly_1]

Thread moved to the Bailiff forum

[hallowitch]

this would be better posted in the bailiff section

 

167.78 for the council tax (8.50 debt and then various fines for not paying)

 

you don't get a fine for not paying council tax you pay the costs of the liability order

175.50 bailiff charge

the bailiff is at it these charges are defiantly wrong

[MechJerk]

this would be better posted in the bailiff section

 

167.78 for the council tax (8.50 debt and then various fines for not paying)

 

you don't get a fine for not paying council tax you pay the costs of the liability order

175.50 bailiff charge

the bailiff is at it these charges are defiantly wrong

 

Can they not charge £175?

[hallowitch]

did your partner not get any letters from the council before it went to court

they are supposed to send a letter giving you the opportunity to pay before the go for a liability order

[hallowitch]

Can they not charge £175?

 

no they cant

bailiffs charges are

1st visit fee £24.50 if no levy

2nd visit £18 again if no levy

if they did have a levy on a debt of £8.50 it would be

walking possession agreement £12

levy fee £12.50

[postggj]

if you are a vunrable person

the council have to act

 

being on benefit

children

pregnant

etc etc

 

go back to the council and tell them you are a vunrable person and the council can take the debt back from the baliffs

 

you have to be firm

 

demand to speak to a supervisor and if needs be, threaten to contact the local goverment ombudsmen

[postggj]

forget contacting the baliffs

 

only the council have the authority

[angryandy]

It doesn't matter what belongs to you or your partner. The bailiff has no right to enter your property unless you 'invite' him in or he gains peaceful entry. Peaceful entry being climbing through a window if you leave it open or coming through the door if you leave it unlocked. If they do knock at your home don't answer the door and they will soon leave.

[MechJerk]

Been looking at the notice of distress properly and noticed it says:

 

Inventory of goods seized and distrained to which the above notice refers:

 

and then lists a car that is owned by someone across the road. Do I need to worry about this? I was reading that

 

""levied" upon a vehicle either on your driveway or on the road outside." - the car is parked on a main road, our house is the fourth house down a pedestraten cul de sac it would be a wild stab in the dark to even consider if to be our car.

 

The other thing is the notice of distresshasn't exactly got my partners name right, it's add an "s" on to her last name. What worries me is that if they can't even get her name right what else is going wrong???

[seanamarts]

I cant even believe the council have sent this small amount to court, not saying its not true but blimey!!!!!!! talk about petty.. any way it should not cost more than £45 costs plus another £50 court fees (It could be less not sure) so the most you owe the council is £103.50.

They can only charge you for the first visit, they cannot levy on a car that does not belong to you, so so far the amount is £128.00. I would write to the council asking what all these charges are as I think they are a little steep for just a small amount owing.

[hallowitch]

I cant even believe the council have sent this small amount to court, not saying its not true but blimey!!!!!!!

I agree and wonder if the council have actually got a liability order phone the council and ask them the date the liability order was granted and at what court

 

Inventory of goods seized and distrained to which the above notice refers:

 

and then lists a car that is owned by someone across the road.

 

the only problem you have with this is the bailiff charges e-mail newlyn and tell them the car they have levied on does not belong to you tell them they can do a D V L A check to prove this and ask them to remove all charges connected with this if they refuse to remove the charges tell them you will file a form 4 complaint and get the court to remove the charges

[Fair-Parking]

Oh the bailiffs will not accept your payment plan? Then dispense with them!

 

Post 16 on 'Son returns home etc....' will cover this problem too.

 

Bailiffs are subject to the law. Nobody gave them rights to make it up as they go along

[noddyaccount]

Been looking at the notice of distress properly and noticed it says:

 

Inventory of goods seized and distrained to which the above notice refers:

 

and then lists a car that is owned by someone across the road. Do I need to worry about this? I was reading that

 

""levied" upon a vehicle either on your driveway or on the road outside." - the car is parked on a main road, our house is the fourth house down a pedestraten cul de sac it would be a wild stab in the dark to even consider if to be our car.

 

The other thing is the notice of distresshasn't exactly got my partners name right, it's add an "s" on to her last name. What worries me is that if they can't even get her name right what else is going wrong???

 

I personally would let them take the car wrongly levied , they will be sued , charged criminally by the owner , whats it to do with you , their mistakes cost them , i wouldn't spit on them if they were on fire , sorry I hate bailiffs .

[MechJerk]

I asked Newlyn to break down the charges for me as they have now upped them to £343... They have never entered my property and have never taken anything but they say they can charge for attendance and services rendered...

 

there breakdown:

 

£167 - Debt

£24.50 - Visit Fee 1

£18.00 - Visit Fee 2

£28 - Levy Fees

£105 - Enforcement Fee

 

Are these correct how can the levy agaisnt nothing? They are also refusing to provide me with any information regarding the bailiff who attended my property as they believe I am looking to fail a form 4 against hi personally, and they believe this to be "vexatious"...

Edited September 5, 2009 by MechJerk

[MechJerk]

just looked at everything and I am now totally confused. Adding the charges together makes £175.50 which is what they charged me on there first visit (even though in there breakdown they have charged me for 2 visits). They have since visited again and upped it to £308.50 in charges.

 

So Newlyn have told me in writing I owe 343.28 and yet the bailiff is wanting 476.28, if they cant even get what I owe right no wonder i am complaining...

[seanamarts]

I asked Newlyn to break down the charges for me as they have now upped them to £343... They have never entered my property and have never taken anything but they say they can charge for attendance and services rendered...

 

there breakdown:

 

£167 - Debt

£24.50 - Visit Fee 1

£18.00 - Visit Fee 2

£28 - Levy Fees

£105 - Enforcement Fee

 

Are these correct how can the levy agaisnt nothing? They are also refusing to provide me with any information regarding the bailiff who attended my property as they believe I am looking to fail a form 4 against hi personally, and they believe this to be "vexatious"...

 

They cannot refuse you the information you requested and they know this

 

This taken from Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

• Enforcement agents should always produce relevant identification on request, such as a badge or ID card, together with a written authorisation to act on behalf of the creditor.
  

[MechJerk]

I think are trying to charge me a "Attending to Remove" fee, but I am under the impression that they have to have actually gain entry to the property before they can do this. Am I able to file a form 4 if I don't have the information regarding the bailiff who is attending my property?

[seanamarts]

I think are trying to charge me a "Attending to Remove" fee, but I am under the impression that they have to have actually gain entry to the property before they can do this. Am I able to file a form 4 if I don't have the information regarding the bailiff who is attending my property?

 

If this is council tax we are on about here then no they cannot, however they can levy on a car and charge you a levy fee, but not an enforcement fee.. I think I am right in saying that there is no such thing. If the baliff agency are refusing to give you the details then request them from the council, Ask the bailiff for a screen shot of your account/file.

I can only guess at this stage the reason why they are not giving you this information is because they know the bailiff was in the wrong.

[MechJerk]

...however they can levy on a car and charge you a levy fee...

 

I thought that was maybe what they had done as on the first two "Notice Of Distress" they put through my door, in the "inventory of Goods Seized and distrained" they have put my neighbors car registration. But the last notice I received didn't list the car and was blank and so I assumed they had realised it wasn't my car. Can I use this against them surely if they are going to charge me for the levy they have to do it everytime?

[seanamarts]

they cannot charge a levy fee if they have levied on the wrong car.