Newlyn Bailiff are Killing me

[janaganp2005]

Hi All

 

 

 

 

Below is the LAST LETTER SENT TO NEWLYN with whole history of events took place in the account and charges.

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I was on Holiday from 18th May 2011 till 5th June 2011 but my property was occupied by my mother in law & brother in law during this time. When I returned from holiday after going through all my mail’s I find 1 letter from Newlyn PLC for amount of £138.44 and there was no notification.

 

9th June 2011

I called to make an automated payment and found out that the outstanding balance on the account was £384.44. There is clearly a mistake, I called to speak to one of the Newlyn Plc staff and find out further £246 charges was added to the above account for two visits by the Bailiffs on the dates quoted below. I requested a breakdown of all the charges in writing and did not receive the breakdown charges letter till 16th of June.

 

27th of May 1st Visit

4th of June 2nd visit

Please confirm the above are the two dates that the Bailiffs had visited the property?

 

Having checked with my Mother in law & my Bother in law I am sure there was no “Bailiffs” visited on 4th June because it’s was a Saturday and they were present in the property, also there were no “Note” or “Card” left at the property as a proof that a bailiff had visited.

 

 

Newlyn Plc to answer the following Question:

 

1. Please confirm were their any “Note” or “Card” left in the property by the visiting Bailiffs?

2. Do you have any copies of the “Note” or “Card” left in the property?

3. Did you sent any letters to inform the additional changes added to above account before 9th June 2011?

4. Do you have any other proof for the bailiff visits and what is it?

5. Please confirm you sent the fist ever “breakdown” changes letter for the above account dated 13th June 2011?

6. Please confirm that I have not been informed of the additional charges, in writing until 16th June 2011?

 

 

16th June 2011

For the first time that I received a letter of “Breakdown” and additional charges that had been added to the account and total amount of £384.44. The Breakdown charges letter did not provide dates of when the charges were added. Instead it was just list of description and amount. Below are the listed charges totaling to £384.44

Original Charges

• Council Debt £125.00

• First Letter £11.20

Additional Charges

• Visit fee 1 £39.00

• Visit fee 2 £61.00

• Enforcement fee £105.00

• Vat £43.24

Additional Amount Total of £248.24

 

Failing to see the dates on the letter for when the charges had occurred, I called Newlyn Plc and have asked the staff again to confirm the dates for the “Breakdown” charges, but Newlyn staff quoted details listed below and also confirmed by Newlyn staff, that they had copies of the “Note or Card” left by the Bailiff & a GPS tracking of the visits.

 

31st May visit fee £46.80

31st may Van hire fee £126.00

6th June visit fee £73.20

Total of £246

 

 

Clearly there are discrepancies between what Newlyn staff quoted over the phone & breakdown letter details. I wrote to Newlyn PLC dated 16th June 2011 to request all the details as per “Data Protection Act 1998” and requested for all the information held against the above account.

 

I have sent two cheques on 16th June 2011 for the following amounts;

• £138.44 - Original amount owed on account

• £10.00 for the statutory maximum fee for Details to share under the Data Protection Act 1998.

 

 

22nd July 2011

Received letter from Newlyn PLC with the following information;

 

• Copy of transcript of all calls made up to 20th June

• Copy of new balance after receiving the payment of 138.44

• New balance as of 22nd July 2011 is 246.44

• Copy of Warrant of execution for the amount of £125 (which is already paid by cheque dated 16th June 2011).

 

Within all the information provided under the “Data Protection Act 1998” there were no real evidence to back the claims of Bailiff’s visit to the property.

 

Please confirm evidence that you have provided that proves that a bailiff had visited the Property on the dates quoted?

 

According to the information that you have provided there was the hiring of a Van on the 31st May 2011, where are the receipts? And why was it not included as part of the “Data Protection Act 1998” information shared?

 

Where are the Notes, Cards and GPS tracking data you confirmed as a proof of bailiff visits?

 

 

 

 

1st of Aug 2011

Letter was sent to Newlyn PLC detailing my concern regarding the additional charges.

 

2nd Aug 2011

A letter was received for an amount of £315.84 without any explanation of further charges, also the letter seem to suggest Bailiff Removal visit to seize the car and household possession.

 

1. What are the further charges?

2. On what circumstances was the charges added?

 

 

8th Aug 2011

Threatening text message received that a bailiff visit was scheduled at 5pm.

 

Why did a Bailiff scheduled to visit while I was in communicating to resolve the account?

 

After reviewing the information that you have provided, I can clearly say that you have failed to provide any supporting documents that proves of the bailiff’s visits. The details of the charges on the transcript & breakdown letter have conflicting information as indicated above therefore either of these documents/letters are not valid as a proof.

 

I like Newlyn PLC to provide answers to the all of the above questions and to review the charges added to the account.

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The Answer from Newlyn for the Above Letter is Bailiff will be visiting in 14 days to remove goods.

 

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I am tempted to pay and end the nightmare but I know NEWLYN are -[problem]- hiding under the legal system and I don't want to pay them. I have to find way to beat them and if I find and answer just tell every one how to fight these Pests.

 

I am thinking to pay if they turn up on my door. what should i do?

Edited August 28, 2011 by Conniff

[Conniff]

What is the debt for ?

[brassnecked]

At a glance it may be "council tax" as Op refers to council debt, but the fees don't look right to me,

 

as in:

Original Charges

• Council Debt £125.00

• First Letter £11.20

Additional Charges

• Visit fee 1 £39.00

• Visit fee 2 £61.00

• Enforcement fee £105.00

• Vat £43.24

Additional Amount Total of £248.24

So if it is ctax the first and second visit fees are wrong, could it be a PCN?

but others will know more

[ploddertom]

I think you will find it is for a pcn - in which case were you aware of the original ticket?

 

PT

[josephbloggs]

Clearly a parking fine.

Worth mentioning here you seem to suggest that the cheque/payment you have sent is going to discharge the pcn, but dont forget here the bailiff will take his fees out first so the pcn will still be outstanding.

To be honest i would advise you to pay this off, reason being if newlyn attempt further calls they may charge again ( can charge for upto 3 visits for parking fines) but worse still, if you still own the vehicle it relates to Or have a drive where you park, could clamp and remove your car, and no prizes for guessing who would end up with the bill for the tow truck.

I know plenty of people on this forum would advise otherwise, but i think it would be better to pay it off, certainly beats hiding your car everyday in the hope its not spotted, or found by anpr cameras, and being on tenterhooks everytime you get a knock on the door for 12 months until the warrant expires.

Oh, have you perchance, moved properties since you got the fine? If so approach the court to explain this they have to look into it, and if successful havd to start the process from scratch, its called a late stat declaration.

[janaganp2005]

Sorry I for got to mention it is for PCN, Parking fine

[king100]

Council Debt £125.00

First Letter £11.20

Additional Charges

Visit fee 1 £39.00

Visit fee 2 £61.00

Enforcement fee £105.00

Vat £43.24

 

They can charge you £11.20 for the letter assuming you received it before the 1st visit +VAT

 

They can then charge you 28% of the debt on each visit irrelevant whether levied on goods

 

eg £100 pcn 1st visit = £128 plus VAT = £153.60

 

So in you case if my maths is correct you have initial cost of £125

 

Letter £11.20

1st visit £38.76

2nd visit £51.78

3rd visit £69.18

 

£159.74

 

VAT

 

letter 2.24

1st visit 7.75

2nd visit 10.36

3rd visit 13.83

 

total VAT £34.18

 

The thing that I dont understand is that they seem 28% on top of VAT as well. So they are basically skimming the top an adding 28% on VAT.

 

See figures below if they also add 28% with the VAT added at each stage.

 

Letter £11.20

1st visit £38.76

2nd visit £62.64

3rd visit £83.68

 

£185.09

 

VAT

 

letter 2.24

1st visit 7.75

2nd visit 12.52

3rd visit 16.73

 

total VAT £39.25