Newlyn - van attendance charge (ATR) and levy on neighbour's car on same day

[jmlstuff]

Hi guys,

 

I've been reading a lot of previous posts and it's really helped me to deal with the people at Newlyn. I've got a couple of specific question I'd be grateful if you could help me with:

 

Newlyn's dealing with my debt to Lewisham council for 2009/2010 Council Tax for £1326.72

Never opened door or talked to bailiffs.

 

1st visit -> 17 Aug 2010 - no response

2nd visit -> 24 Aug 2010 - no response

3rd visit -> 2 Sept 2010 - no response - Van attendance charge (ATR) - Levied neighbour's car parked on street outside house. We don't own a vehicle.

 

Oct 2010 - we contacted Newlyn and agreed payment of full amount owed in 3 instalments including their fees @ £345.69

Since then we missed some payment (Newlyn website not taking my payment, tried various times and then forgot about it)

 

4th visit -> 5 Jan 2011 - Reattendance charge (over outstanding amount)

 

Contacted Newlyn to pay full amount owed in one payment with bit card on the phone upon clarification of their admin/fees charges.

Since then I found out these charges are not quite right.

 

Payments done so far:

£263.89 - 25 Oct 2010 (+ charge for use of debit card of £7.69)

£772.50 - 4 Nov 2010 (+ charge of 22.50 for payment with credit card)

 

Breakdown of Newlyn fees £345.69:

 

£24.5 -> 1st visit bailiff

£18 -> 1st visit bailiff

£105 -> Van attendance ATR

£63 -> DVLA check (they haven't done it yet and car is not mine but already charged for it)

£105 -> Reattendance charge

£7.69 -> charge for use of debit card for payment 25 Oct 2010

£22.50 -> charge for use of credit card for payment 4 Nov 2010

 

My dispute:

 

I am ok to pay:

Outstanding amount for council tax +

1st and 2nd visit of bailiff

 

Not prepared to pay:

3rd visit - Attendace van. I believe they cannot apply an Attending to Remove charge unless the have a valid levy which they didn't, actually, as they didn't levy anything or got access to my property on 1st or 2nd visit there was no point in sending a van over on the 3rd visit as they wouldn't be able to collect anything. So I dispute this charge. Also they confirmed on the phone in this 3rd visit with van they levied the neighbour's car. I believed they have to send bailiff round first to levy goods, then send a van over to collect? They say they have done both on the same 3rd visit? Is this possible?

 

4th visit: Reattendance fee as we failed to pay as per agreement. I believe in any case they can only charge two van/removal fees but if second charge is made goods must actually be removed. Car levied on 3rd visit is not owned by us so levy is not valid.

 

I agreed to pay outstanding amount of the council tax debt and 1st and 2nd visit charges but refuse to pay.

van attendance fee

DVLA check

reattendance fee

 

They refuse to take anything but the whole outstanding amount including all fees.

They explained the DVLA check would take 6 weeks so better to pay the £63 and they call back to claim the money back.

 

What do you guys recommend to do? I don't want to pay extra to these people. Is it better to find out how much of the paid monies went to cover council tax debt and pay the rest to the council?

 

Not too sure if Lewisham council will accept this.

 

Thanks ever so much in advance for your help.

[hallowitch]

24.5 -> 1st visit bailiff

£18 -> 1st visit bailiff

£105 -> Van attendance ATR

 

no valid levy unlawful

£63 -> DVLA check (they haven't done it yet and car is not mine but already charged for it)

legislation does not allow for this fee unlawful

£105 -> Reattendance charge

legislation does not allow for this fee unlawful

£7.69 -> charge for use of debit card for payment 25 Oct 2010

as above

£22.50 -> charge for use of credit card for payment 4 Nov 2010

as above

there is no valid levy the fees on this account are 1st&2nd visit fee £42.50 in total

[hallowitch]

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

 

 

 

10. No person shall be entitled to charge, or recover from, a tenant any fees, charges or expenses for levying a distress, or for doing any act or thing in relation thereto, other than those authorised by the tables in Appendix 1 to these Rules

 

http://www.legislation.gov.uk/uksi/1988/2050/contents/made

[tomtubby]

Hi guys,

 

I've been reading a lot of previous posts and it's really helped me to deal with the people at Newlyn. I've got a couple of specific question I'd be grateful if you could help me with:

 

Newlyn's dealing with my debt to Lewisham council for 2009/2010 Council Tax for £1326.72

Never opened door or talked to bailiffs.

 

1st visit -> 17 Aug 2010 - no response

2nd visit -> 24 Aug 2010 - no response

3rd visit -> 2 Sept 2010 - no response - Van attendance charge (ATR) - Levied neighbour's car parked on street outside house. We don't own a vehicle.

 

Oct 2010 - we contacted Newlyn and agreed payment of full amount owed in 3 instalments including their fees @ £345.69

Since then we missed some payment (Newlyn website not taking my payment, tried various times and then forgot about it)

 

4th visit -> 5 Jan 2011 - Reattendance charge (over outstanding amount)

 

Contacted Newlyn to pay full amount owed in one payment with bit card on the phone upon clarification of their admin/fees charges.

Since then I found out these charges are not quite right.

 

Payments done so far:

£263.89 - 25 Oct 2010 (+ charge for use of debit card of £7.69)

£772.50 - 4 Nov 2010 (+ charge of 22.50 for payment with credit card)

 

Breakdown of Newlyn fees £345.69:

 

£24.5 -> 1st visit bailiff

£18 -> 1st visit bailiff

£105 -> Van attendance ATR

£63 -> DVLA check (they haven't done it yet and car is not mine but already charged for it)

£105 -> Reattendance charge

£7.69 -> charge for use of debit card for payment 25 Oct 2010

£22.50 -> charge for use of credit card for payment 4 Nov 2010

 

My dispute:

 

I am ok to pay:

Outstanding amount for council tax +

1st and 2nd visit of bailiff

 

Not prepared to pay:

3rd visit - Attendace van. I believe they cannot apply an Attending to Remove charge unless the have a valid levy which they didn't, actually, as they didn't levy anything or got access to my property on 1st or 2nd visit there was no point in sending a van over on the 3rd visit as they wouldn't be able to collect anything. So I dispute this charge. Also they confirmed on the phone in this 3rd visit with van they levied the neighbour's car. I believed they have to send bailiff round first to levy goods, then send a van over to collect? They say they have done both on the same 3rd visit? Is this possible?

 

4th visit: Reattendance fee as we failed to pay as per agreement. I believe in any case they can only charge two van/removal fees but if second charge is made goods must actually be removed. Car levied on 3rd visit is not owned by us so levy is not valid.

 

I agreed to pay outstanding amount of the council tax debt and 1st and 2nd visit charges but refuse to pay.

van attendance fee

DVLA check

reattendance fee

 

They refuse to take anything but the whole outstanding amount including all fees.

They explained the DVLA check would take 6 weeks so better to pay the £63 and they call back to claim the money back.

 

What do you guys recommend to do? I don't want to pay extra to these people. Is it better to find out how much of the paid monies went to cover council tax debt and pay the rest to the council?

 

Not too sure if Lewisham council will accept this.

 

Thanks ever so much in advance for your help.

 

This is a DISGRACE !!

 

On the main page of the bailiff forum you will see that I have posted a STICKY from the Local Government Ombudsman on the matter of a bailiff levying upon a car that is not owned by you. This matter should be brought to the attention of the Chief Executive of Lambeth Council as a Formal Complaint. This is because, with council tax, the bailiff is merely acting as agent and the local authority are WHOLLY RESPONSIBLE for the levy and the fees charged by their agent.

 

The CORRECT fees should be just £42.50 for two visits for "attending to levy" (where no levy was made).

 

The DVLA fee is shocking. I have seen similar fees to this recently and I know of a recent complaint that has been made to DVLA. This is because this particular company have direct access to DVLA records. I have seen a letter from DVLA to confirm this. Their excuse of having to wait 6 weeks for a response from DVLA is therefore, UTTER NONSENSE.

[Dodgy Geezer]

What do you guys recommend to do?

 

Not too sure if Lewisham council will accept this.

 

Pay the council direct, they HAVE to accept it. Tell the bailiffs to swivel.

[jmlstuff]

Hi guys,

 

Thanks for your answers.

I have actually remembered I could access my council tax account online on the Lewisham Council website.

I've checked it and it shows the bailiff payments we did and the balace outstanding for the period which covers up to march 2011.

It appears that the system lets me pay that amount online to clear the account. (only £320.52, against £636+ the bailiffs are claiming)

So what I've decided to do is give the council a call 1st thing tomorrow AM and offer to pay outstanding amount in full on the phone and then ask them to make bailiffs back off as debt's been paid off.

 

Do you guys think this is doable? I was hoping worst case scenario would be to pay for 1st and 2nd bailiff visit charges (£42.50) of which most is paid as they unlawfully charged us surcharge to pay with debit and credit card (£7.96 and £22.50 respectively, amount which could go towards the payment of the visits, leaving an outstanding balance of £12.04, which I can pay directly to Newlyn)

 

Or do you think I should not be paying for the 1st and 2nd visit charges? By the way I noticed the amount owed is NOT for 2009/2010 as I thought it was, but the current period 2010/2011 ending in march 2011, so technically it is nowhere near as bad as I thought I was, as last payment for the period was due only the 1 Jan 2011, not too long ago.

 

What do you think?

Thanks again for your helpful replies

[tomtubby]

Hi guys,

 

Thanks for your answers.

I have actually remembered I could access my council tax account online on the Lewisham Council website.

I've checked it and it shows the bailiff payments we did and the balace outstanding for the period which covers up to march 2011.

It appears that the system lets me pay that amount online to clear the account. (only £320.52, against £636+ the bailiffs are claiming)

So what I've decided to do is give the council a call 1st thing tomorrow AM and offer to pay outstanding amount in full on the phone and then ask them to make bailiffs back off as debt's been paid off.

 

Do you guys think this is doable? I was hoping worst case scenario would be to pay for 1st and 2nd bailiff visit charges (£42.50) of which most is paid as they unlawfully charged us surcharge to pay with debit and credit card (£7.96 and £22.50 respectively, amount which could go towards the payment of the visits, leaving an outstanding balance of £12.04, which I can pay directly to Newlyn)

 

Or do you think I should not be paying for the 1st and 2nd visit charges? By the way I noticed the amount owed is NOT for 2009/2010 as I thought it was, but the current period 2010/2011 ending in march 2011, so technically it is nowhere near as bad as I thought I was, as last payment for the period was due only the 1 Jan 2011, not too long ago.

 

What do you think?

Thanks again for your helpful replies

 

My "day job" is advising the public regarding a bailiff visit.

If you have read my post last night you will see that the fees charged are wrong.

 

I have ALWAYS been against paying the council direct and there is a VERY good reason for this. This is because, unlike all other debts, with council tax collection, bailiff fees MUST be deducted first. Therefore, if you were to pay the council, then the council MUST ensure that from your payment they DEDUCT the amount of bailiff fees and this sum will be credited back to Newlyn. This is why it is so very dangerous for anyone to suggest paying the council direct.

 

Therefore, as the bailiff fees are paid first, you have NOT discharged the Liability Order and this means that the bailiffs have every right to continue enforcement. This scenario happens all of the time and I know of endless cases where police have been involved as the council tax payer argues with the bailiff that the debt has been paid to the council.

[outlawla]

Hi jmlstuff,

 

This link with MP and LGO involvement maybe worth a look at regards the levy on your neighbour's car.

 

 

Thursday, 6 January 2011

Rossendale bailiffs caught operating underhand tactics

 

A constituent who found himself on hard times and defaulted on his Council Tax for the first time became the victim of Council incompetence and underhand practices by bailiffs.

 

A missed payment of £100 became a default notice of some £1100 after unregistered visits to his property where levied on his account.

 

After 18 months campaigning with Rossendale Citizens Advice, help from his MP, The Local Government Ombudsman found in favour. Bailiffs were found guilty of malpractice by; failing to provide an inventory list after levying a charge, levying that charge against a motor vehicle outside that was not the victims - one just picked at random even after the victim the bailiffs it was not his car but someone else's; failing to record information (such as time and details) about the visits to the victims property to seek asset recovery............................

[jmlstuff]

Hi guys,

 

So this is my update.

I called the Council this morning to pay the outstanding amount owed to them.

I found last night online on the Lewisham Council Tax website an 'Internet Statement of Account 2010/2011' stating:

 

- liability -> £1201.72

- costs -> £125

breakdown of costs:

- liability cost council -> £50

- summons cost council -> £72

- summons cost justice -> £3

 

Payments:

Bailiff payments: £1006.20

Breakdown of payments:

- 16/11/10 -> £750

- 02/11/10 -> £256.20

 

Balance outstanding for period:

£320.52

 

 

So I called them to pay the full outstanding balance on the phone and I did.

 

I explained the situation and she referred me back to the bailiffs for payments, to which i replied I wanted to make the full payment to the Council and that they weren't allowed to refuse. She ended up taking the payment and she agreed she'll contact the bailiffs on monday 24 jan 2011 to let them know of the payment to the council directly of this outstanding sum. She mentioned this would not clear the debt with the bailiffs as I still have to pay charges, I explained briefly the disputed charges, she said she was not a Bailiff specialist and that I had to write to the bailiffs about dispute and copy the council (which I will do on monday). I also requested email address to write to council recoveries department and councillors (x3).

 

With this Internet Statement i confirmed that the amounts paid to the bailiffs were passed on to the council (minus the credit card/debit card charges which we paid on top and are unlawful according to a post above)

 

What should my next steps be:

 

I will write to the bailiffs to agree to pay for 1st (£24.50) and 2nd visit (£18) for 'attending to levy', where no levy was made. A total of £42.50.

 

I will say I dispute the other charges:

van attendance fee

DVLA check

reattendance fee

 

I will say the credit and debt cards surcharges they made us pay are unlawful and I want my money back. Or to use this money to pay towards the 1st and 2nd visit charges leaving an outstanding amount of £12.04, which I am willing to pay.

 

£7.69 -> charge for use of debit card for payment

£22.50 -> charge for use of credit card for payment

 

My weak points is, i am struggling to put together a letter which summarises these points above with the correct legal backup.

 

I am not sure what is the correct procedure they should have followed.

If they attend with the intention to levy twice and they fail to have any contact with us and levy anything. What should have they done next?

 

I understand they need to levy first upon my goods (no van) and then send a van for removal of goods (in a different visit) and ONLY if they have a levy previously done AND if they have a walking possession order which they didn't (and which i would have had to sign myself and I never spoke to or had contact with them).

 

- So the ATR charge is not lawful as to apply it they need to have a valid levy. And there was not valid levy done in the first place.

 

- The DVLA fee they want to charge us on the neighbour's car to prove is not ours I believe is not lawful as mentioned by 'hallowitch':

 

10. No person shall be entitled to charge, or recover from, a tenant any fees, charges or expenses for levying a distress, or for doing any act or thing in relation thereto, other than those authorised by the tables in Appendix 1 to these Rules.

 

Also the good levied are not owned by us so the levy is not valid and the bailiff must refund the levy fee (DVLA check?) and all the associated charges resulting from this levy (ATR and 4th reattendance van fee?)

 

- 4th visit - Reattendace fee. (no letter or notice of it left). This was unlawful too.

I understand to legally send a van round for collection of levied goods they would have needed to check first the vehicle levied in previous visit was actually owned by us (which it is not). So the levy they had was not valid.

 

In any case to charge for ATR (reattendance van fee) for 2nd time goods must actually need to have been removed (Idea of where I can find legal backup for this?) Which is not the case as the didn't have:

- valid levy

- walking possession order

 

My question is: do I need to quote the legislation when disputing each one of the charges? I find it that I've read a lot on this forum about what's lawful and not but don't necessarily have the quoted text from the legislation to back it up? Can I write a letter with my vocabulary, as above? Do you think it'll be enough? I am not feeling that confident about making myself clear and backing up my point so that this issue doesn't drag on forever.

 

Thanks again to everyone that answered to my post (so quickly!). It's helped me and informed me loads.

[outlawla]

Hi jlmstuff,

 

Just a couple of questions:

 

1) Did you receive notification of the visits and more importantly did they leave with you a Notice of Seizure of Goods & Inventory when they levied your neighbours car?

 

2) Do the bailiffs hold any of the money you have paid in respect of the debt, or are the council in receipt of the full amount?

Edited January 22, 2011 by outlawla

[ploddertom]

Before going into all the ins and outs of what they have or have not done get them to commit themselves on paper by asking for a breakdown of the fees they have charged. Then you can argue as to the reasons why they should not be charged. Here's a sample of what to send, adapt it to suit your circumstances and send initially by email followed by a copy in the post sent Signed For, you can also send a copy to the Council with a request it is held on your file for reference.

 

"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 breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

PT

[jmlstuff]

Hi outlawla,

 

In reply to your questions:

 

1) yes, we did receive a notice of seizure, with a vehicle's registration plate number. My parter called Newlyn straight away to say the car was not actually owned by us. They acknowledged this and while on the phone my partner looked out the window and realised they'd levied on our neighbour's car which was parked outside!

 

2) According to the Statement of Account the bailiffs have paid the council the amounts owed. And with this last payment I made to the council directly there is no money owed at all to the council.

 

thanks

[jmlstuff]

Thanks Ploddertom,

This is a great idea. I will post a letter along these lines tomorrow to Newlyn and copy to the council.

Newlyn said on the phone they would send me a statement but I am not too sure how detailed it will be so this one will help to clarify what they are claiming we owe.

 

thanks again

[jmlstuff]

Hi again,

 

I am updating my case below.

So on monday 24-01-2011 I sent a letter to Newlyn asking for a breakdown of all charges by signed for post. I also sent the Council via email and signed-for post a copy of the letter sent to Newlyn accompanied by a covering letter requesting to keep it on file for reference.

 

Today I received post from Newlyn dated 24-01-2011 with the total outstanding of £636.03. The letter is a final notice prior to removal (?)

 

Most interestingly, I also received today a letter from the Council themselves, dated the 24-01-2011. This letter thanks for contacting the council on 22-01-2011 (this is when I made the payment on the phone and requested further information about my account to be sent by post).

 

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

The letter says they've spoken to the bailiff company newlyn and can confirm the following:

 

01Apr10-01Apr11

 

£1326.72 - sent to newlyns on 30Jul10

fees £345.69 (including card fees of £30.19)

 

total - £1672.41

 

paid - £263.89 - 25 oct10 (payment of £256.20 + card fee of £7.69)

paid - £772.50 - 04Nov10 (payment of £750.00 + card fee of £22.50)

paid - £320.52 - 22Jan11 (payment made direct to Lewisham Council)

 

total fees applied:

 

17Aug10 - £24.50 - 1st letter delivered

24Aug10 - £18.00 - 2nd letter delivered

25Aug10 - £7.69 - card fee

02Sept10 - £105.00 - 1st visit with van

02Sept10 - £63.00 - Levy on vehicle (awaiting DVLA confirmation). If DVLA check confirms that you do not own the vehicle then the Levy charge will be removed)

04Nov10 - £22.50 - card fee

05Jan11 - £105.00 - 2nd visit with van (due to broken arrangement)

 

total fees - £345.69 minus cards fees already paid of £30.19)

 

total fees outstanding - £315.50

 

You must make arrangements to pay the fees direct to Newlyns.

 

Signed

{name here}

Council Tax Officer

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

 

So from this letter I deduct that:

- The council have spoken to Newlyn about the payment of the outstanding amount owed directly to the council.

- Newlyn passed on wrong details or Council made mistake as card fee of £7.69 was applied on 25Oct10 and NOT on 25Aug10 as stated, as this is when the actual payment was done.

 

 

Do you think I should wait until Newlyn reply directly to the signed for letter i sent them at the beginning of the week asking for a breakdown and details of visits, etc?

 

Can I do something else in the meantime?

Do I need to inform the council of the above mentioned mistake?

 

thanks again in advance for your help!

[ploddertom]

My take on what you have.

 

If the vehicle levied upon was not yours then the Levy Fee of £63-00 has to be removed along with ALL associated charges + even if it was valid then on 2 Sept they have applied levy Fee & ATR (Van Fee) at the same time - not allowed, therefore total of £168-00 be removed. On 5 Jan they are claiming another ATR (Van Fee) of £105-00 which is directly related to their "Levy", this should also be removed, total now £273-00. Turning to other matters unless you have already done so you need to write to the Bailiffs again and ask where in the Regulations it allows them to charge fees for paying by Debit/Credit Card, again these fees are refundable - the Council should have known these are not allowed and you can complain to the Council over their interpretation of the same - another £30-19 to be refunded, total now £303-19. This needs to be deducted from the the total they allege you owe and it gives a balance owing in charges only of £42-50.

 

AS you have paid the Council up to date and they are telling you that the fees have to be paid direct to the Bailiffs I would tell them to take a long walk off a short pier. They have levied on no goods of your own. They have shown a systematic disregard for the applicable fees. They have caused you stress, misery & harrasment and you should tell them to take you to the Small Claims Court for their fees. Most are reluctant to do this as they then have to swear their fees are indeed correct.

 

If they intend to argue the validity of the Levy then you send the following to the Council, I would be tempted to this anyway as it may force their hand:

 

Mr Jo Blogs

1, High Street

Anytow

Post Code.

 

The Chief Clerk

xxxx Magistrates Court

 

Date:

 

Dear Sir/Madam

 

Council Ref: xxxxxx

 

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 enforcement 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 vehicle 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"

 

PT

[wonkeydonkey]

Can they really charge the equivelent of 1st and 2nd visit fees for delivering a letter? then claim1st visit fees with a van?

[ploddertom]

Can they really charge the equivelent of 1st and 2nd visit fees for delivering a letter? then claim1st visit fees with a van?

 

You have to remember the above was written by the Council and is not really what it infers, if it had been from the Bailiffs then it may have been cause for concern.

 

PT

[jmlstuff]

Hi Ploddertom,

 

Thanks for your reply.

Just checked with Royal Mail and my letters were received by Newlyn and the Council on 26 and 25 Jan 11 respectively.

From your reply above I think I'll wait a little bit (I requested a reply within 14 days) to see if Newlyn reply to my letter with a breakdown of fees, bailiff visits, etc so I can write back to them disputing the charges based on their own words.

 

In the meantime, do you think it is good idea to make a payment to Newlyn to clear the amount owed for their 1st and 2nd visit to show goodwill? (i.e. £42.50 minus £30.19 payment done for their (unlawful) card payment fees = £12.31 outstanding)

 

 

thanks again

[ploddertom]

This is only my opinion. Because you have been messed about so much and they are trying to charge fictitious and unlawful fees - for which you have had to do the legwork and prove - I would refuse to pay any charges and if they decide to get funny send them an invoice for the time you have spent researching which strangely would come to the same amount they are claiming. In other words if it were me they could whistle dixie. Has to be your decision of course as it depends on what you feel comfortable with.

 

PT

[jmlstuff]

Hi guys,

 

Im back on with the Newlyn saga.

So since I sent Newlyn the request for the breakdown of charges by registered post (which I checked they received) back in January 2011 they never replied to my letter.

But I received since then:

 

04/02/2011

Letter about broken arrangement saying they're disappointed I have failed to honour my payment arrangement to discharge the above dbt. And to call their special arrangement team. I ignored it.

 

07/03/2011

Final notice - Bailiff removal

for £636.02

Clearly not up to date. I ignored it.

 

17/03/2011

Committal notice

Magistrates' liability order dated 01/06/2010

Arrears of council tax due to L B of Lewisham.

total outstanding £315.50

Clearly they've been talking to the council people as they changed the outstanding amount.

 

08/04/2011

Notice prior to removal of goods

removal contractor and bailliffs have now been booked and will be working in {my postcode here} within the next seven days. As a result of this action a minimum charge of £95.00 will be incurred.

Full payment of £315.50 is due immediately.

 

03/05/2011

Notice prior to removal of goods

total outstanding: £315.50

The letter said as I have failed to respond to the letter hand delivered (?) by their bailiff, the debt remains outstanding. The have now assigned the Bailiff and Removal Team to my file.

They will attend the premises on friday 18th march (Notice the letter was sent to us the 3rd MAY to notify us they will attend 18th MARCH!) with the intention of levying and removing my goods and chattels for sale at public auction.

 

A few days ago we received another letter, with no date.

removal notice

pre-printed and added handwritten with pen the outstanding amount of £315.50

The letter says:

I have today attended your premises with the intention of levying and removing your goods and chattels to the auction value of £315.50.

 

I will be reattending and goods may be removed even in your absence.

If you wish to avoid this distressing course of action telephone immediately {name and number here}

 

Today my partner received a phone call from Newlyn on his mobile saying they'll be at our property at 7.15AM (?!)

 

 

I wanted to ask you guys what I should do in case someone do turn up. We never signed a walking possession agreement. We never had any contact with the bailiff.

How do they access to a walking possession order? If they do have one, do they have to inform me of it by letter? I understand either my partner or I need to sign it first we to make it valid.

 

In the meantime I am paying the £12.31 outstanding to clear the account and show goodwill (i.e. £42.50 minus £30.19 payment done for their (unlawful) card payment fees = £12.31 outstanding)

 

Luckily in this case I am actually not paying what they claim I owe them as a matter of principle, not because I cannot afford it. But I really want to get my mind to rest and get to close the issue. I want to send them another letter but I am not too sure where to start from as they never replied to my previous one.

 

what do you guys think?

 

cheers for all the info and support.

[hallowitch]

you send a letter of FORMAL COMPLAINT to the CEO of your council (look for his name on the council website address it him/her)

your breakdown in post 1 do you have this in writing (do you still have the letter

 

I notice this fee £63 -> DVLA check is not listed on the charges in post 14 (do you still have the letter )

do you have all the letters bailiffs have left

 

If bailiff appear tomorrow

 

and tells you he has a notice of seizure and he is there to remove goods tell him to fill his boots as the car levied belongs to your neighbour tell him while he is waiting for the removal truck you will phone him to bring over the V5 and keys tell him it might be a good idea if he calls the police because you don't expect your neighbour will be to happy about them removing his car for your debt

 

record him running for the hills when you lift the phone