Newlyn Baiiffs no notification of visit

[petemc]

I have had problems with Newlyn. If anyone could advise me I would be extremely grateful.

 

We owed £173 council tax which was passed on for collection to Newlyn.

I first met the bailiff when he turned up at my house in a van. He said he was here regarding the Council Tax arrears and, not realising he was a bailiff, I let him in (Doh)

I verbally agreed a repayment amount only to realise later when I examined the paperwork, that the £173 was now £344.

Afetr ringing the bailiff and subsequently, the Council, I managed to find out that the charges were for two earlier visits as well. There was no correspondance posted through the door so I had no inkling that the matter had been passed over to Newlyn untill the guy with the van showed up.

I contested the charges on the basis trhat no letter had been put through the door and have just received a reply stating that they have invesigated the matter and are satisfied that the charges are applicable.

 

I explained that I would be happy to pay the initial visit charge but they will not waive the rest.

 

I dont like the idea of having my car clamped by maverick bailiffs. my step son is autistic and my wife suffers from mental health issues and i would be unwilling to risk any kind of upsetting scenes to take place. However, i strongly resent being "rolled over" in this way and if I can forestall any kind of scene, I would be happy to escelate the issue as far as neccessary to see that the rogues learn a lesson.

 

Any advice anyone?

 

Thanks in anticipation

Pete

[seanamarts]

First off a bailiff can only charge for 2 visits

1st £24.50

2nd £18.00

These are charged where no levy has been made.

Have they levied on anything. (ie made a list of items on the WPO)

Are you on any benefits

Is your car registered disabled, if so they cannot clamp or take the car and I dont think that they can even make a levy on it but will have to check that.

You may come under 'vulnerable' which is set out in the guidelines of the National standards of Enforcement agents.

sounds to me that they are trying to charge you a van fee, but you will need to get a break down of their charges so we can get further advice for you

[seanamarts]

Just re read that you let him in not knowing who he really was, did he show any identification to state that he was a bailiff?

[hallowitch]

is this £173 the amount of the liability order (confirmed by the council) do you know the date this was passed to the baillifs

 

has the baillif levied your car

 

baillif fees on a £177 debt

A For making a visit to premises with a view to Levying distress (where no levy is made) ( where the visit is the first or only such visit): £24.50

(ii) where the visit is the second such visit: £18.50

 

walking possision fee £12

levy fee £27.50

 

total charges for both visits and a levy are £82 not £171

[petemc]

I was injured at work and started to suffer financial difficulties hence the Council Tax arrears I lost my job in dec so am on benefits now. Car is no longer registered disabled but no levy has been put on anything.

Im assuming that that means something has been listed and valued?

 

I have no date for the handing over of the debt but Newlyn has said that they will provide a breakdown of the charges if required.

Am I legally entitled to request the names of the bailiffs and their County Court registration details?

 

As far as I know from phone conversations, the charges break down as follows:

£24.50,

£18

and £100 for the van.

 

The bailiff was not clear about who he was but I can't be sure that he didn't flash some kind of ID at me.

I assumed him to be a council official.

 

Thanks for the replies.

 

Pete

[hallowitch]

the bailiff cant charge a van fee unless he has previously levied on goods

 

to levy goods he must leave a Notice of seizure of goods and inventory

 

ask the council the date the debt was passed to the bailiff and the amount of the liability order

 

yes you are legally entitled to the name of the bailiff and the court he was certificated at

[petemc]

The date that the account was passed over was 19th Jan 10

the original liability order was 19th Nov 09 for £173.

Here is an excerpt from the response to my objections

 

"I have investigated the file in great depth and I can confirm that there have been three visits made to the address supplied by our client for which Mrs Mc***** has been charged accordingly. From viewing our Bailiff reports which have been verified and authenticated, I can confirm that all visits have taken place during daylight hours. Where no response has been gained a letter has been left at the property in a sealed envelope advising the named debtor to call our offices immediately.

I have no reason to believe that the visits have not taken place as stated howeverif you can supply any substantial evidence that will support your claims that the visits have not taken place then I shall of course investigate the matter further"

 

The point is NOT that the Bailiffs have called. I am not questioning that. It is that they did NOT leave a letter in a sealed envelope.

They are placing the burden of proof upon me.

 

Their actions amount to faud under section 3 of the Fraud act 2006

 

3 Fraud by failing to disclose information

A person is in breach of this section if he—

(a) dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and

(b) intends, by failing to disclose the information—

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

 

Can anyone put me onto the point of law regarding their needing to levy goods before they can apply a van charge?

 

I like this forum. Thanks for the help.

 

Pete

[ploddertom]

I was injured at work and started to suffer financial difficulties hence the Council Tax arrears I lost my job in dec so am on benefits now.

 

Have you applied for CT Benefit as this may reflect on the amount outstanding. If you are likely to be off for some period of time it may be worth seeing if the Council or CAB has a Welfare Rights Adviser to see if there is anything else you can claim.

 

Car is no longer registered disabled

 

Can you explain further?

 

Pete

 

Have you made the Council and Bailiffs aware of:

a - your stepsons disabilty

b - your wifes illness

c - your own illness

d - the fact you are living off benefits

 

You may have to provide proof of the above but in my opinion you clearly come under the "vulnerable" category and your account should be handed back to the Council.

 

To find out more from the Bailiffs you need to ask them about your account. Adapt this to suit your needs:

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account. Can you please provide me with a Statement of my account including Computer Screenshot. This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. I also require the name of the attending Bailiff and the name of the Court he was Certificated at. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

You do not have to tell them why you want this.

 

PT

[RaeUK]

Hi petemc,

Whilst you ponder and plot with the aid of my fellow caggers, I really would like to emphasise part of what seanamarts posted earlier.

There is no doubt, in my mind, that you fall well within the vulnerable category of the National Standards for Enforcement Agents. :

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

These standards apply to the household. That'll be you. Your wife. And your son. Whilst these standards are not law, they are the standards aknowledged by councils and bailiffs alike and the standards they should be working to. They do, however, have a tendency to 'forget' about them. I'd really like to see them fob you off...

 

You need to write to the bailiff requesting that the case is passed back to the council forthwith. Email and post a copy. Email and post copy to the council. You will also need to supply medical evidence which, somehow, I don't think will be too difficult.

 

Best wishes.

Rae.

Edited February 25, 2010 by RaeUK
type o

[RaeUK]

Hi, below is a letter template for you. I could only enter partial details as you have not stated either a) the exact nature of your wifes illness or if she has a support worker nor b) have you made it clear whether you are still injured yourself. Obviously, it would be nice to add further appropriate links relating to this.

 

As always, this letter is free to use, amend, ignore etc for all cagtime...

 

Rae.

 

Dear Sir

 

Reference number:

 

I am writing with regard to the above account relating to Council Tax Arrears.

 

It would appear, from advice that I have received, my circumstances are classed as 'vulnerable' according to the National Standards for Enforcement Agents. The reasons for this are a) I am currently unemployed and in receipt of benefits, b) my wife suffers with mental health problems and c) my son has autism.

 

I will be contacting my GP in order to obtain evidence of my families medical conditions for you.

 

In the meantime, please visit the following site for further information:

 

What is Autistic Spectrum Disorder? - DWP

 

As the current situation is having an aggravated and detrimental affect on my families health, I am requesting that the case is returned to the initiating Local Authority. Doing so would allow me to address the issue rationally, without fear, whilst putting in place an affordable and sustainable payment plan.

 

I also request that, in the interim period, no further visits be made as they impact adversely on my family members.

 

I would be grateful if you would please confirm safe receipt of this letter.

 

A copy of this letter has also been sent to XXX Council for their information.

 

Yours faithfully.

 

 

Please note: this correspondence is being sent by both electronic and conventional mail.

Edited February 25, 2010 by RaeUK
typoo

[RaeUK]

If either or both the bailiffs and the council refuse your request, it places you in a better position to escalate to your local councillor, your MP and a Formal Complaint to the LA.

Rae.

[petemc]

Im Just writing the reply. I will ask once more for the charges to be waived but still unsure about the point of law regarding the Van-Levy issue. I have requested the Bailiffs details and have informed them of our "vunerable " position. thanks for the info.

 

I want to make payments direct to District Council but do not trust Newlyn not to act outside of their authority.

 

I am in receipt of C.T now. The arrears stemmed from when we were surviving on reduced income through illnes.

The car was registered disabled but no longer due to D.L.A award being lowered.

 

What a great help this forum is. I am very grateful for the support.

 

Pete

[petemc]

I just finished speaking to a reporter from BBC News who contacted me through this forum for assistance in preparing a report on the use of Bailiffs by Local Authorities for the collection of Council Tax.

 

Maybe meet next week to speak about my experiences.

I will keep the thread updated.

 

Regards

Pete

[hallowitch]

Can anyone put me onto the point of law regarding their needing to levy goods before they can apply a van charge?

http://www.herefordshire.gov.uk/docs/Enforcement_Agent_Charges.pdf

 

C) For one attendance with a vehicle with a view to the removal of goods Reasonable costs and fees incurred.

(where, following the levy, goods are not removed)