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I was just wondering if anybody could help me

 

on Saturday when we got home we had a letter of distress which states that we owe £680.16

 

they had noted a car which isn't ours on the distress form which we are meant to sign that if we don't pay the amount in full within 5 days they will take to sell.

 

However

number 1 is the car isn't ours and even if it were ours they would get about £3500 easy but the debt is £680.16 so how does this work?

 

2) this is the first we have heard about the bailiffs because as far as we are concerned the local council wrote a letter which states they are seeking to make us bankrupt?

and had the letter to reply by the 26th (Monday)

 

So how do they come to the fee of £188.50?

 

on that Monday I phoned the council regarding the letter and asked how they come to these fee's

they said the bailiffs had come on the 1/8/11 13/8/11 and the 24/8/11 which is all lies apart from the last 1.

the fee should only be £24.50

 

i asked where did they get the other £164 from?

they told me to contact newlyn's regarding that,

 

so i phone newlyns

they state that due to the 3 visits which was only 1 from the letter put through our door

thats how the charges were!.

 

I am not going to pay for something that isn't true and asked where the proof is

she said I would have to prove they never came to the house in order to remove the charges

 

I asked to speak to a manager but was unable to so

 

I paid the council tax and said I will be complaining about the charges and won't be paying nothing other than the first visit charge of £24.50 until it was proved otherwise!

 

I was wondering if they can still get these charges fixed

although I know they have only come to the house on saturday when they posted the letter of distress

 

what action can I take the council aren't in listening to my complaint regarding the excessive?

 

Thanks in advance

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plenty of threads in this form about requesting a breakdown of fees from the bailiffs.

 

if you paid the LO to the council then game over!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They told me on the phone the breakdown is for three visits but I don't get how it comes to that figure they told me If I don't pay up now they will continue to send bailiffs and add extra fees and charges in arrordance with the law!

 

I don't get what you mean by LO? if you mean Local Authority then no I paid the Newlyns the about of £494.66 plus the 3% credit card charge! I then said I would complain about the charges as I am happy to pay the first but not the rest the rude women told me that if I don't pay the full amount including the £188.50 charge then bailiffs will continue. so she has given me 10 days to pay the charge of the £188.50 but if I complain then they withhold the right to stop the agreement!

 

How is this fair?

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LO is Liability Order, which is what the council grant themselves in the magistrates court when you don't pay Council tax, they then pass it to bailiffs for collection, the bailiffs then feel it is their right to add whatever fees they think they can get away with outside what is permitted.

With regard to the levy which is unlawful, due to them levying a random motor, the bailiff will argue they are allowed to assume you own any motor near or on your premises.

 

Check tomtubby's sticky here regarding the LGO and levies on third party cars.

Has a bailiff "levied" upon a car that is NOT owned by you ??... LOCAL GOVERNMENT OMBUDSMAN'S Report !!!!

 

You also need to ask the council

 

1: How many Liability Orders do they hold on you?

2: What years do they apply to?

3: When were they obtained?

4: When were they passed to the bailiff for action?

 

 

also email/write to Marstons using this as a guide to find out what they are up to:

 

Name

Address

bailifflink3.gif Ref: Account No: 123456

Council Ref No: 435672

Date

Dear Sir,

With reference to the above account please provide me with a breakdown of all fees charged and payments made for the above account

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 certificatedlink3.gif at.

e - The date of the Certification.

This is not a Subject access requestlink3.gif under the Data Protection Act S7 1998 so does not incur a fee of £10.

The National Standards for Enforcement Agents state that if a written request is made an itemised account of fees will be provided.

Please provide the information requested within 14 days of this E-mail /recorded delivery letter

Yours faithfully

Ripped off customer"

 

 

When you have this you can post back with details for Caggers to help you further.

Edited by brassnecked

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  • 4 weeks later...

Thanks for your help I have sent Newlyns the letter and not had a reply. letter was sent on the 4th September. I phoned them yesterday and asked about the reply and they said there is no letter been sent and if I complain then they withhold my right to pay by instalments even though the final payment of ripped off charges is due on Thursday gave me one month to pay the other £188.50.

I also contacted the council regarding the charges and they said again it's nothing to do with them and contact Newlyns I also asked when was the Liability order obtained and he told me the 15/08/2011.

 

Once I have paid then I will complain about the charges so then they can't pop round and add/double there charges and will then forward my complaint to the LGO after 12 weeks will update when no more.

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If, as you say, the bailiff supposedly called on the 1/8/2011 and 13/8/2011 I would be asking why as the Council are saying the liability order was not issued until the 15/8/2011

 

Is this a case of another company having a first call bailiff who is a one off con man?

 

WD

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Yeah actually I don't realise that... I am sure thats what they told me I will be ringing the council tomorrow morning, And the bailiff can remove all the excess charges.

 

However I only know of the bailiff coming on the 24th when they put the letter through the letter box.

If they did arrive on the other two dates then I never had a letter or card left to say they had arrived.

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If the liability order was issued on the 15/8/2011 then your first visit by a baillif cant be before 29/8/2011

http://www.legislation.gov.uk/uksi/1998/295/regulation/7/made

Information preliminary to distress

45A.—(1) No distress shall be made under these regulations unless, no less than 14 days before a visit in connection with the distress is first made to the premises where it is to be levied, the authority have sent to the debtor written notice of the matters specified in paragraph (2) below.

(2) The matters are—

(a)the fact that a liability order has been made against the debtor;

(b)the amount in respect of which the liability order was made and, where this is a different amount, the amount which remains outstanding;

©a warning that unless the amount specified has been paid before the expiry of 14 days beginning on the date of the sending of the notice, distress may be levied;

(d)notice that if distress is levied further costs will be incurred by the debtor;

(e)the fees prescribed in Schedule 5 to these Regulations;

(f)the address and telephone number at which the debtor can communicate with the authority.”

Edited by hallowitch
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  • 1 month later...

Hi Guys I got the reply from Newlyn regarding fees/charges

They say the usual £24.50 £18 £41 £105 but the £105 charge for van hire is wrong even if the other fee's are correct?

 

Because from what i understand is that to charge (For one attendance with a vehicle with a view to recover goods after the levy has been made under this heading) and the levy fee and van fee was added the day i got the levy charge for my neighbours vehicle?

 

Grateful for your help

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so the LOT are invalid inc the levy

NOT YOUR VEHICLE

£42.50 owing only

 

tough luck bailiff

you should have checked

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Invalid levy, so no levy fee or van fee. As dx has said all you owe is the two visit fees. I would pay that to the council and get them to pass it on to the bailiffs as paid in full in view of the fact that the bailiff had levied on some one else car.

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Got my reply from the council today to inform me it is nothing to do with them they are not responsible for any charges and they believe the charges meet the codes of practice,

Does anybody know what action I can take now I have written to both parties and they are disregarding my complaint i have paid the full amount already

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Got my reply from the council today to inform me it is nothing to do with them they are not responsible for any charges and they believe the charges meet the codes of practice,

Does anybody know what action I can take now I have written to both parties and they are disregarding my complaint i have paid the full amount already

 

The council are wrong, if their agent the bailiff overcharges you, or otherwise acts improperly; they are WHOLLY LIABLE for the actions of the bailiff

 

You could tell the council that you are naming them as the defendant in a Regulation 42 complaint at the magistrates court, due to being aggrieved by THEIR bailiffs irregular and invalid levy on a third party vehicle which renders ALL the fees bar £42.50 unlawful

 

Read this sticky by tomtubby for more info on who to complain to and how.:

http://www.consumeractiongroup.co.uk/forum/showthread.php?262730-Has-a-bailiff-quot-levied-quot-upon-a-car-that-is-NOT-owned-by-you-...-LOCAL-GOVERNMENT-OMBUDSMAN-S-Report-!!!!

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 3 weeks later...

Well this is there reply, I also on Saturday got a letter regarding a complaint made to them regarding this and there response was they uphold the councils decision, And I would have to go before a county district judge to complain is this right?

 

Thank you for your email.

 

I can confirm that you are correct that ***** Council is responsible for the collection of outstanding Council Tax. However, as you had not made payments directly to ***** Council to settle the balance, and under the laws of the liability order obtained in August 2011, permission was given to enforce action. Therefore the account was referred to Bailiff Newlyn PLC.

 

Bailiff Newlyn PLC are an independent company that we have employed to enforce collection and they have their own rules and regulations. If you have any issues regarding their methods of collection, this is to be raised with them direct.

 

To confirm all the bailiffs employed by the companies we use, are certified at court and their actions are performed within the standard operating procedures.

 

I must refer you to their response dated 28th November 2011, which clearly outlines your concerns below. If you require any additional information, please contact Newlyn PLC direct.

 

Upon review of your account, it has been brought to my attention there is a sum of £101.24 outstanding. Please call the automated payment line on ********* to make payment.

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Well this is there reply, I also on Saturday got a letter regarding a complaint made to them regarding this and there response was they uphold the councils decision, And I would have to go before a county district judge to complain is this right?...

 

They will be talking about a (Form 4) complaint made under the Distress for Rent Rules 1988 I should think. The (Form 4) would have to be submitted to the County court which issued the bailiff's certificate. I should think the bailiff company have informed you of this route because they are confident the Judge would find in favour of the bailiff.

 

The other option open to you has been mentioned by brassnecked (post #13) where you can summon your council to appear before Magistrates.

 

Post @9:33AM (27/12/2011) and onwards on the following thread has a series of relevant letters to and from the Magistrates' court which point out the pitfalls involved with this procedure – namely time limmitations and cost.

 

Regulation 46, Council Tax (Administration and Enforcement) Regs 1992

 

P.S

 

I should keep insisting that the council deal with your complaint. They are responsible and are trying to fob you off.

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yep def

 

fobbing you off

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Agreed they are being evasive, but a Form 4 should only be a last resort, if the conduct of the bailiff fell below the required standard, and the Reg 46, would be a better option, as he council admit, they are ultimately responsible for their bailiff.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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So you are quoting from the http://www.legislation.gov.uk/uksi/1992/613/regulation/46/made right? - however I won't win back my money in fees which were taken by the bailiffs will I?

 

Appeals in connection with distress

 

46.—(1) A person aggrieved by the levy of, or an attempt to levy, a distress may appeal to a magistrates' court.

 

(2) The appeal shall be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to the authority which levied or attempted to levy the distress to appear before the court to answer to the matter by which the person is aggrieved.

 

(3) If the court is satisfied that a levy was irregular, it may order the goods distrained to be discharged if they are in the possession of the authority; and it may by order award compensation in respect of any goods distrained and sold of an amount equal to the amount which, in the opinion of the court, would be awarded by way of special damages in respect of the goods if proceedings were brought in trespass or otherwise in connection with the irregularity under regulation 45(7).

 

(4) If the court is satisfied that an attempted levy was irregular, it may by order require the authority to desist from levying in the manner giving rise to the irregularity.

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So you are quoting from the http://www.legislation.gov.uk/uksi/1992/613/regulation/46/made right? - however I won't win back my money in fees which were taken by the bailiffs will I?

 

If the Reg 46 Complaint rules the levy invalid then there can be no fees they can charge. If you have already paid said fees then they must be refunded, if they are being awkward or refuse then a simple N1 Claim in the County Court naming this time both Bailiffs & Council as co-defendants will reimburse you. If you have not paid as yet then the fee(s) must be removed and replaced with a Visit Fee if applicable or otherwise struck out.

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

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So you are quoting from the http://www.legislation.gov.uk/uksi/1992/613/regulation/46/made right? - however I won't win back my money in fees which were taken by the bailiffs will I?.....

 

Maybe if you let your council know that you're aware of the option to take them to court, this might make them drop all fees. The threat of reputational risk and/or legal challenge could be enough, especially if it were included in a formal complaint to the authority.

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So do I let the council know first that I am taking this back to the magistrates or do I have to report them to the LGO? because the levying of a vehicle that doesn't belong to me nor the van charges when it can only be charged 5 days after the distress levy is placed?

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So do I let the council know first that I am taking this back to the magistrates or do I have to report them to the LGO? because the levying of a vehicle that doesn't belong to me nor the van charges when it can only be charged 5 days after the distress levy is placed?

 

1) If you decide to take your complaint to the LGO they will normally expect you to have exhausted all stages of the council's formal complaint procedure.

 

2) If the complaint gets considered by the LGO, they would most likely not investigate because you had another course of action available to you, i.e. the Regulation 46 complaint to the Magistrates' court.

 

3) You have only six months from the time of the dodgy levy until submitting the regulation 46 complaint to the Magistrates' court. Post 9:51am – 27/12/11

 

4) There will likely be a £200 fee payable to the Magistrates' court for the regulation 46 complaint unless you qualify for a concession. Post 9:48am – 27/12/11

 

Example of complaint to the Magistrates' court Post 9:33am – 27/12/11

Edited by outlawla
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