Newlyn PLC bailiff visit re:CTAX and my dog

[jenni_g]

I have sent the bailiffs the request for charges email that I was originaly advised to on here, but they are not responding to any of my emails at all?

[old bill]

How much do you actually owe to the local authority before the addition of legitimate bailiff fees, please? Call me a cynical ex-copper if you like, but my gut-feeling is that Newlyn are trying to line their pockets at your expense.

[dx100uk]

recorded delivery

 

dx

[jenni_g]

It was £670.00 including court costs. Newlyn's first hand delivered letter, dated 14.9.12 Stated an amount of £694.50. I made the 3 payments as listed above. The hand delivered letter I have received today, dated 20.9.12, states an amount of £719.00. Like I said Newlyn are not answering emails, should I telephone and question the charges. There has been no levy as far as i am aware, I have no vehicle etc. Thanks for helping

[jenni_g]

I have not sent anything by post, only by email, would it not be quicker to telephone and question, or is registered post the best idea? I can do it tomorrow if that is for the best. Thanks

[ploddertom]

Sounds to me as if Newlyn's abacus is faulty. They will probably be hoping you don't know. When you sent your request for the breakdown of the charges did you also send a copy in the post? How long ago did you ask for this?

[jenni_g]

I have emailed it already, but will send it recorded/registered today, thanks

[tomtubby]

Old Bill.

 

It would seem that you are correct in that NEWLYN PLC allowed their Office of Fair Tarding Licence to lapse over 7 months ago on 22nd February 2012.

 

the position with a Consumer Credit Licence is that a bailiff company will state that they do not need to have such a certificate as this is only a requirement when collecting debts under the Consumer Credit Act 1974.

 

Although this is correct...without exception, all bailiff companies do hold a Consumer Credit Licence.

 

Furthermore, already many Freedom of Information requests and from these it is clear that many local authorities impose a condtion on their bailiff providers that they must have a Consumer Credit Licence.

 

Newlyn like many bailiff companies also enforce unpaid private parking tickets but these are enforced by a different company called Newlyn Debt Collections Ltd. This particular company were granted a Consumer Credit Licence on 3rd May 2012.

[jenni_g]

Ok it is update time: I received the following reply to my fee and charges letter:

Without predudice

Amounts charged are as follows:

Council debt £587.50

Visit 1 £24.50 18th Sept approx 9.23 am

visit 2 £18.00 26th Sept approx 10.07am

debit card surcharge £0.50

total balance £630.50

paid £325.00

outstanding £305.50

 

They are also accepting my offer of £30 a fortnight, which I have already cancelled as I am paying £100 per week direct to the council (I only owe 200.00 now as I paid again yesterday)

The thing is although I am very happy with my newly lowered debt, this does not add up at all to what they previously sent me which was:

Council LO total owed £670

hand delivered letter total owed £694.50 dated 14.9.12

hand delivered letter total owed £719.00 dated 20.9.12

Do i just consider myself lucky, get this paid and not make the same mistake again? It is this current years CT bill.

Thanks

 

Jenni

[old bill]

Old Bill.

 

It would seem that you are correct in that NEWLYN PLC allowed their Office of Fair Tarding Licence to lapse over 7 months ago on 22nd February 2012.

 

The position with a Consumer Credit Licence is that a bailiff company will state that they do not need to have such a certificate as this is only a requirement when collecting debts under the Consumer Credit Act 1974.

 

Although this is correct...without exception, all bailiff companies do hold a Consumer Credit Licence.

 

Furthermore, already made many Freedom of Information requests and from these it is clear that many local authorities impose a condtion on their bailiff providers that they must have a Consumer Credit Licence.

 

Newlyn like many bailiff companies also enforce unpaid private parking tickets but these are enforced by a different company called Newlyn Debt Collections Ltd. This particular company were granted a Consumer Credit Licence on 3rd May 2012.

 

Thank you for confirming that, TT.

[jenni_g]

Ok it is update time: I received the following reply to my fee and charges letter:

Without predudice

Amounts charged are as follows:

Council debt £587.50

Visit 1 £24.50 18th Sept approx 9.23 am

visit 2 £18.00 26th Sept approx 10.07am

debit card surcharge £0.50

total balance £630.50

paid £325.00

outstanding £305.50

 

They are also accepting my offer of £30 a fortnight, which I have already cancelled as I am paying £100 per week direct to the council (I only owe 200.00 now as I paid again yesterday)

The thing is although I am very happy with my newly lowered debt, this does not add up at all to what they previously sent me which was:

Council LO total owed £670

hand delivered letter total owed £694.50 dated 14.9.12

hand delivered letter total owed £719.00 dated 20.9.12

Do i just consider myself lucky, get this paid and not make the same mistake again? It is this current years CT bill.

Thanks

 

Jenni

 

So can you guys help? Will they be able to charge me again for failing to keep up an agreement even if I am paying far more than the original offer? Should I call them or write to them? Thanks

[unclebulgaria67]

I would suggest you tell the bailiff in writing how you are making the payments to the council, so they can check and not hassle you about breaking any agreement you had with them.

[jenni_g]

UPDATE

I would like to thank you all on this site, for your help.

If it wasnt for the advice on here I would not have been able to successfully challenge Newlyn's fee's.

 

The over charges were not huge, but the proof I have of their total incompetence is enough ,

 

I believe, to take to my local council as a complaint.

 

The councils need to take responsibility for the bailifs that they use.

 

I just had a lovely apologetic telephone call from Newlyn's.

 

I explained their incompetance to them, and requested they send the whole conversation in writing,

as if I had not queried the totals owed, I would have been overcharged.

 

The enjoyment I experienced listening to them grovel was almost enough to stop me complaining,

but then I realised that without evidence from people like me these companies will be able to continue.

Thanks again to everyone

[old bill]

When a bailiff company grovels to a debtor it is usually because they know themselves they have done something they shouldn't have done and hope that by grovelling the debtor won't take the matter further, which can, sometimes, include taking the bailiff company before a court or going to the media, the latter of which can be the more damaging to the bailiff company.

[hallowitch]

In your formal complaint to the council you should tell them if they find in your favour (and i don't see how this can go any other way ) you expect them to issue a form 5 to the bailiffs issuing court due to seriousness of the issue and failing that you may send a form 4 against the bailiff

 

don't forget to send a copy of your complaint letter to Newlyns hopefully that will give this bailiff a few sleepless nights

[old bill]

The backsides of Newlyn's senior management will probably be emitting tuneful sounds sometime soon, not just their out-of-control employee.

[jenni_g]

I must admit I am feeling rather self righteous right now! I am waiting for the written reply, but will begin preparing my official complaints.

 

Thanks to you all

[brassnecked]

Well done put the boot in with that Formal Complaint, the invitation to the council to do Form 5, with the threat of you doinga Form 4,

[jenni_g]

are these forms (4 and 5) available on here?

[old bill]

I am attaching copies of both a Form 4 and Form 5. You will only need to complete a Form 4 if the local authority decline to complete a Form 5.

 

However, I would strongly advise you to seek professional legal advice if you intend going down the Form 4 route. Bailiffs are known to go into court with a barrister in tow who then proceeds to pervert the hearing into litigation instead of an examination of the bailiff's fitness to hold a bailiff certificate.

Edited October 19, 2012 by old bill

[brassnecked]

I am attaching copies of both a Form 4 and Form 5. You will only need to complete a Form 4 if the local authority decline to complete a Form 5.

 

However, I would strongly advise you to seek professional legal advice if you intend going down the Form 4 route. Bailiffs are known to go into court with a barrister in tow who then proceeds to pervert the hearing into litigation instead of an examination of the bailiff's fitness to hold a bailiff certificate.

Shame the Beak doesn't turn the Barrister trying that one for perverting the course of justice, as it is an "Enquiry into Fitness" not adversarial litigation.

[old bill]

That won't happen anytime soon, BN. If peeps keep repeatedly kicking Grayling and Djangoly to change HMCTS policy so that judges are under a duty to stop barristers trying to pervert a Form 4 hearing into litigation, the situation might change. But it is down to people to give the politicians a hard time and force them to change. Reminding them they are servants of the people, not their masters, and that they can be ousted very easily tends to make listen.

[brassnecked]

That won't happen anytime soon, BN. If peeps keep repeatedly kicking Grayling and Djangoly to change HMCTS policy so that judges are under a duty to stop barristers trying to pervert a Form 4 hearing into litigation, the situation might change. But it is down to people to give the politicians a hard time and force them to change. Reminding them they are servants of the people, not their masters, and that they can be ousted very easily tends to make listen.

problem is OB the politicos are out of control, and they all slurp from the same trough

[jenni_g]

Thanks to you all, I will let you know how I get on