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    • I think it was from 18months ago.    You’ll probably think I’m fussing again but I’ve got a feeling they’ll take mine further due to the shear amount that is owed, I’ll be astounding if they don’t. 
    • as I said read the date of the thread many moons ago.   its not illegal either, debt is a civil matter not a criminal one.   dx  
    • Hi Andy   Thank you for the link, it was very helpful, appreciate it.    I was actually made to feel quite 'stupid' and felt as if i was wasting the forums time on this thread after DX's comments in post #38.      Please see attached the necessary documents, please do let me know if you require anything else, many thanks.   Files attached:  - Default Notice   - statement of Default Notice  - Reconstituted Agreement & T&Cs - 3 different sets   P.S - sorry about the quality of the T&Cs, the high quality files were too large and had to reduce them.   Thanks, Roland   Exhibit JK1.pdf
    • If it’s so easy to get shut of a PayPal negative balance how come everyone doesn’t do it as such? I guess it’s morally wrong but not illegal!?    I read a thread were a PayPal employee said “paypal WILL take you to court and WONT let it lie, they have a specialist team that chase negative accounts over a ceratain amount which I’ll defo meet that criteria 
    • date of claim 14th November (2019)   What is the claim for – the reason they have issued the claim?  1) The claim comprises the following agreement the defendant entered into: a. JD Williams & Co with reverence 1234567 and current balance of £559.77 The agreement was terminated as payments were not maintained and subsequently assigned to the claimant. And the claimant claims: a) The said sum of £559.77 b) Interest pursuant to # s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £44.ui c) Costs   What is the total value of the claim? £735   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes  Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   When did you enter into the original agreement before or after April 2007 ? Before   Do you recall how you entered into the agreement...On line /In branch/By post ? I think by post   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser - Lowell   Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes   Did you receive a Default Notice from the original creditor? Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Couldn’t afford the interest    What was the date of your last payment? Over two years ago to the DCA   Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes
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I requested a breakdown of fees from Newlyn bailiffs as they had added levy/enforcement fees to the account (council tax) for a vehicle parked in a communal car park. When challenged they stated that they reasonably believed the car belonged to me and can charge for the enforcement of the debt. They also stated that should the DVLA check come back negative they would not remove the vehicle but can still charge for the levy and enforcements.

 

Is this true and can it be challenged???

What do I do next???

 

I have wrote to the council requesting they take back this debt, just waiting for a decision. Want to sort out the fees added on top though.

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when a dvla check confirms that the car does not belong to the debtor all charges connected with the levy must be removed

 

have you written to the bailiffs company regarding this or was this a phone conversation with the bailiffs regarding the removal of the fees

Edited by hallowitch

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I requested a breakdown for fees which I received. It stated levy fees on two accounts and an enforcement fee on one.

 

I called, asked what the fees were for and was informed that they related to a vehicle outside the property. I was given the car reg number which I confirmed was not mine. I was informed that the car was not removed as the DVLA checks confirmed this.

 

I then put it in writing that this car was in a communal car park and did not belong or have anything to do with me. i requested the fees be removed or I would take further action This was there responce:

 

A levy is simply the act of identifying and noting any goods which the bailiff reasonably believes to belong to the named debtor. The bailiff is able to levy various items on the exterior of the property including vehicles and satellite dishes etc, ans is able to charge for the enforcement of the debt. Should the DVLA check come back negative we would not remove the vehicle but we can still charge for the levy and enforcement".

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is this council tax or parking tickets

 

wrong the bailiff cant charge the levy fee for goods that do not belong to you

 

the reason for a levy on goods is so that if the debt is not paid the goods levied are then removed and sold a auction

therefore if the goods cant be sold they cant be levied

 

there is no such thing as an enforcement fee

 

if the bailiff is collecting on 2 debts at the same time he cant charge 2 sets of fees

he also cant levy the same goods twice

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This is for two sets of council tax. A levy fee is on each of them but the enforcement fee is only on one which they state is for attending with a van with a view to remove goods.

 

How do I now challenge them on this following their reply that the charges are correct and can be applied?

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Hallowitch is right.

 

The law prescribing bailiffs fees for collecting unpaid council tax is the Council Tax (Administration and Enforcement) Regulations 1992 and provides £24.50 for a first visit. He can charge a further £18 for a second visit (if genuinely made). No other bailiff's fees can lawfully be charged if a bailiff has not moved your goods in a vehicle and you have not signed any document consenting to a levy or a walking possessions agreement (currently a flat rate of £10).

 

Spuriously named fees such as, van fees, tow truck fees, attending to remove fees and admin fees are NIL. The law does not provide for bailiffs to make a gain for himself by levying on your car or selling it.

 

If a bailiff defrauds you with his fees, he commits an arrestable offence under Section 2 of the Fraud Act 2006. It is called fraud by false representation.


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Can a bailiff levy on a mobility scooter?

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No, it belongs to the moblilty franchise.


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Mobility scooters can be bought by any one and not taxed. You may be thinking of a Motability car.

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My feeling an electric scooter regardless who owns it, is not an item for levy by a bailiff for payment of money. This is akin to levying on a debtors wheelchair.

 

Contact your local paper and ask for the photographer to come and see you for a news press and a photoshoot.


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Hallowitch is right.

 

The law prescribing bailiffs fees for collecting unpaid council tax is the Council Tax (Administration and Enforcement) Regulations 1992 and provides £24.50 for a first visit. He can charge a further £18 for a second visit (if genuinely made). No other bailiff's fees can lawfully be charged if a bailiff has not moved your goods in a vehicle and you have not signed any document consenting to a levy or a walking possessions agreement (currently a flat rate of £10).

 

Spuriously named fees such as, van fees, tow truck fees, attending to remove fees and admin fees are NIL. The law does not provide for bailiffs to make a gain for himself by levying on your car or selling it.

 

If a bailiff defrauds you with his fees, he commits an arrestable offence under Section 2 of the Fraud Act 2006. It is called fraud by false representation.

 

 

The breakdown of the fees included first visit £24.50 and £18 for the second visit which I knew were correct. I contacted Newlyn for confirmation of the date when the "vehice was levied" and if the same vehicle was used for both accounts. I was informed that this would need to be put in writing.

 

Once I've got this confirmed do I give them one final opportunity to remove these fees or should I take further action. i belive there is a form that you can submit (form 4 I think).

 

Just got home and 4 letters from Newlyn. two final notice bailiff removal and two notice prior to removal of goods. State they will be attending on 4th December. Thought once I wrote to the council requesting them to take back the debts the accounts would be placed on hold pending the outcome? Any idea????

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A levy is simply the act of identifying and noting any goods which the bailiff reasonably believes to belong to the named debtor. The bailiff is able to levy various items on the exterior of the property including vehicles and satellite dishes etc, ans is able to charge for the enforcement of the debt. Should the DVLA check come back negative we would not remove the vehicle but we can still charge for the levy and enforcement".

 

Just got home and 4 letters from Newlyn. two final notice bailiff removal and two notice prior to removal of goods. State they will be attending on 4th December. Thought once I wrote to the council requesting them to take back the debts the accounts would be placed on hold pending the outcome? Any idea????

 

----------------------------------------------------------

send a copy of all letter to the council and make a formal complaint about the bailiffs fees remained the the council that the bailiffs are employed by the council and therefor any further auction regarding this matter will be against the council and Newlyn bailiffs

 

at the bottom of your letter put please file in my account for future reference

 

send recorded delivery

 

send a copy to Newlyns recorded delivery

 

remind the council that a levy is not A simple the act of identifying and noting any goods which the bailiff reasonably believes to belong to the named debtor and ask them to comment on why there employee does not seem to know what to levy distress means

 

Distress

45.—(1) Where a liability order has been made, the authority which applied for the order may levy the appropriate amount by distress and sale of the goods of the debtor against whom the order was made.

 

 

 

(2) The appropriate amount for the purposes of paragraph (1) is the aggregate of—

  • (a) an amount equal to any outstanding sum which is or forms part of the amount in respect of which the liability order was made, and

  • (b) a sum determined in accordance with Schedule 5 in respect of charges connected with the distress

also ask them to comment on the fact that they agree they cant take enforcement action against the car but they can can charge an enforcement/removal fee on goods they cant remove for sale if the debt is not paid

 

ask the council why newlyns are still threatening enforcement action on a car that they admit they know is not yours

and how they are going take this action twice on the same car

 

remind the council that they cant charge multiple fees for collecting more than one debt

The case law for this is Throssell v Leeds City council.

 

ask the council for a copy of there complaints procedure

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I requested a breakdown of fees from Newlyn bailiffs as they had added levy/enforcement fees to the account (council tax) for a vehicle parked in a communal car park. When challenged they stated that they reasonably believed the car belonged to me and can charge for the enforcement of the debt. They also stated that should the DVLA check come back negative they would not remove the vehicle but can still charge for the levy and enforcements.

 

Is this true and can it be challenged???

What do I do next???

 

I have wrote to the council requesting they take back this debt, just waiting for a decision. Want to sort out the fees added on top though.

 

I will stick my head out here and say that Newlyn are WRONG.

 

If the levy is incorrect then all charges associated with it must be removed.

 

We have PLENTY of copies of documentation from this company where they CONFIRM that if a DVLA search confirms that the vehicle levied upon does not belong to the debtor that they will remove all fees associated with the levy.

 

I have sent you a PM.

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Thanks for that information, much appreciated. I will write a letter tonight and send tomorrow. XXXXXXXXXXXXXXXXX

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Not sure if this helps or makes a difference but for my own information can some one please advise me on the following quote taken from the OP post:

"The bailiff is able to levy various items on the exterior of the property including vehicles and satellite dishes etc"

 

I think I read some where on here that a satellite dish can not be used in a levie as it is a fixed item, i.e bolted down.. so therefore can not be included..

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Not sure if this helps or makes a difference but for my own information can some one please advise me on the following quote taken from the OP post:

"The bailiff is able to levy various items on the exterior of the property including vehicles and satellite dishes etc"

 

I think I read some where on here that a satellite dish can not be used in a levie as it is a fixed item, i.e bolted down.. so therefore can not be included..

 

We have had a few cases where bailiffs have indeed removed satellite dishes and frankly this is a remarkably stupid thing for a bailiff to do.

 

Firstly, I would argue that it was a fixed item and therefore exempt from seizure.

 

Secondly, the vehicle is more or less WORTHLESS and it would be questionable why the bailiff removed it?

 

Finally, if the bailiff had fallen and seriously injured himself....who would be liable ?

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We have had a few cases where bailiffs have indeed removed satellite dishes and frankly this is a remarkably stupid thing for a bailiff to do.

 

I would call that criminal damage.

 

Finally, if the bailiff had fallen and seriously injured himself....who would be liable ?

 

If the person is a visitor - strangely enough, including a burglar - the landowner is liable.

 

If the visitor is a bailiff police officer, public official or employee of a firm on legitimate business, then he has insurance to provide cover for accidents in the workplace, and claims are managed under the Personal Injury Protocol.


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Update:

 

I sent the letter template to the baillifs and also sent a copy to the council requesting they take back the debt as I would only make payments directly to them.

 

I recevied a reply from the bailiffs refusing to give me the bailiffs name who levied the car as the request was "vexatious and unnecessary". But they did remove all levy/enforcement fees. (about time too!!!!!!!!!!!!!!)

 

I then received a letter from the council confirming that they had spokne to the bailiffs, that their wording was incorrect and apologised on their behalf for the inconvenience.

 

The council will not make an arrangement to pay the debt as it is held by the baillif. i now have 28 days to make an arrangement with them or the case will be reallocated to a baillif and the process will start again.

 

How do I get the council to take back the debt. I am only paying them. Is there a timescale before will they take it back.

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Write to the council asking them to

 

a) pay you compensation for being defrauded by their bailiff by a deadline or if they prefer, you can transfer the complaint up to the Local Givernment Ombudsment and ask for a decision on how much the council should pay. Its typically about £100 for something like this.

 

b) remind the council the law does not obligate you to trade with a bailiff, only to discharge council tax liability, and when the council is ready to accept a reasonable offer of payment they can contact you.

 

The timescale for a bailiff to complete a recovery or return the case to town hall administration is about 90 days. Until then, keep them out.


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