Newlyn Bailiffs & Ctax Issues - help

[lauren8125]

Hi, I am looking for all the advice I can get! I have got myself into arrears with my Council Tax over the last 5 years as such I now approx £1000 in unpaid Council Tax. I have been unable to set an arrangement with the Council as I have had many arrangements in the past and broke them all. So since about Feb I have made a payment of at least £10 per week every week without fail I am also up to date with this years council tax so after paying £130 a month for this years I cannot pay more than £10 a week. A liability order was issued in May 2010.

 

Last Thursday I came home and had received a hand delivered letter from Newlyn Bailiffs saying they had levied on a car which isn't even mine and saying I have 5 days to pay. They have added on £216.50 in charges as well.

 

So I have written 2 letters one to newlyn saying I am making my payments to the council, their charges are illegal and the car isnt mine and the other 1 to the council asking them to take back the debt (which i doubt they will), telling them i am going to make payments direct to the council and informing them of newlyns conduct.

 

have i done the right thing? does the fact that they have levied on a car even if it isnt mine mean they can now come into my home and use force? I know bailiffs can only charge for 2 visits but can they come to your home more than that and just not charge?

 

Thanks

[ploddertom]

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-!!!!

[ploddertom]

You need to find out exactly where you are especially if you think you owe differing amounts over a period of time. In theory therefore the Council should have a Liability Order for each year. You should ring the Council and ask them:

1 - how many LO's they have

2 - how much each one is for

3 - when each one was obtained

4 - the period each one covers

5 - how much is still outstanding on each one

6 - when they were passed on for enforcement

Whatever you do don't rely on the figures the Bailiff gives you - he failed Maths

 

Still carry on as you are with payments. There is no law that says you have to speak to or deal with a Bailiff. Even if it were your own car he levied on does not give any right to come into your home, unless he gains peaceful entry. If he does call you are better off speaking through the letterbox or from an upstairs window. You are right in thinking he can only charge for 2 visits but how many times he does come is up to him - if he isn't getting paid he may decide to go elsewhere but this will not happen overnight.

 

PT

[Amy100]

Excellent advice from PT

[lauren8125]

Hi, A few weeks ago I had a letter from Newlyn bailiffs for outstanding council tax from a liability order from may 2010,

i had been making payments to the council but it wasnt enough and they refused to set an arrangement so i had just been paying anyway.

 

newlyn sent me a letter levying a charge on a car which isnt mine (i dont even drive)

 

i wrote to them by recorded delivery to say the £216 charges were unlawful,

that they had levied a charge on a car which is nothing to do with me

and that i would be continuing to make payments to the council.

 

this was just over 2 weeks ago and i have had no acknowledgement of my letter

 

today i had 2 phone calls from them and a voicemail stating that they were coming to remove my goods and to avoid this i needed to call them, - i didnt.

 

my question is how long do i need to give them to respond to my letter and who do i complain further to if they dont respond.

 

i also copied in the council and they havent responded either.

[brassnecked]

You send a formal complaint to the CEO, your councillor the council leader and MP, if after you notify the council that the bailiffs have made an unlawful levy on a third party car and ask them to remove the fee, they refuse, you should also keep the bailiff out and you don't legally have to deal with the bailiff.

 

others will be along soon to help further I'm sure

 

in the meantime check out this sticky from tomtubby regarding levys on third party motors.

 

Pay particular attention to this paragraph from the sticky

 

"The final paragraph is very important and I would suggest that when writing a letter of complaint that a copy of this article is provided to them as well. You should also copy your letter to the local authority and ensure that it is marked as a FORMAL COMPLAINT and addressed to the CHIEF EXECUTIVE. "

 

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-!!!!

[ploddertom]

Have you read 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-!!!!

 

The chances are they will tell you you have to prove the vehicle isn't yours. If so that is a load of bull. The Council are liable for the actions of their contractor and it is them you turn to to sort it out. If the Council are deciding to ignore you and wait for a response from the Bailiffs then they are just making a rod for their own back - it will then prove they know nothing of the rules & procedures the Bailiff should have followed and can leave themselves open to further action.

 

At the time you wrote to the Bailiffs did you also ask for a breakdown of their fees. You say you wrote by RD did you check the RM Track & Trace to make sure it was delivered - it will pay you to send them a reminder by email. Their threats to come and remove goods will be just that - a threat - if they make good their promise they will leave themselves wide open to action by the vehicle owner. I assume they have not been in your home? You appear to be doing fine so far but may have to remember to budget for some Fees which may be due, providing no other goods have been seized this should be a maximum of £42-50 only.

 

PT

[lauren8125]

Hi, does anyone know if Newlyn Bailiffs have a consumer credit licence, or how i can find out if they do.

 

thanks

[lauren8125]

if they dont do they have to follow the guidelines set out by the office of fair trading??

 

thanks

[lauren8125]

hi, if i rent out a room in my property and the tenant is 7 months pregnant would this be considered a vulnerable household according to the bailiffs.

 

thanks

[dx100uk]

yes

[dx100uk]

i have merged you various threads on this Ctax debt

as they are all about the same ctax debt

so people can see the history

 

i'd advise you to stick to this thread for all related CTax/newy issues.

 

dx

[lauren8125]

yes

Hi which one was u saying yes to? Thanks

[seanamarts]

Yes your household is vulnerable.

[dx100uk]

post 10 sri

 

i think so any way.

 

dx

[lauren8125]

hi, can anyone tell me if i live with a friend who is 7 months pregnant do i fall into vulnerable situations cateogry? thanks

[tomtubby]

Far too little info in which to give a proper answer.

 

For instance, this debt could be for a parking ticket in YOUR name, or alternatively, a council tax debt in JOINT NAMES.

[lauren8125]

It's council tax in my name

Thanks

[seanamarts]

Thread merged with previous thread.

 

Can you please keep to one thread.

 

Thank you

[lauren8125]

post 10 sri

 

i think so any way.

 

dx

 

Sorry I don't understand what you are replying to, what is post 10?

[seanamarts]

Sorry I don't understand what you are replying to, what is post 10?

Small boxes to the right at the top of each post has a # then the number of the post