My Ordeal With Newlyn Bailiffs

[Senusret]

Good day everyone,

 

long time reader, first time writer.

 

just thought I should share my experience, it might help some people.

 

 

Newlyn has been harassing for quite sometime now, probably up to a year now. It is regarding a parking ticket from Brent Council. I have received numerous text messages from Newlyn bailiffs such as "bailiffs are in your area and will remove your goods, go home quickly", "we are coming today to remove your goods, see you at 11.30am", some distressing text messages as well as letters.

 

Anyway, I kept ignoring them, but today (9 Oct 2012), I was paid a visit by a Newlyn bailiff, saying he is here to seize my vehicle unless I pay £431 immediately, I got my phone and started video recording, I first asked for his I.D., he showed it to me, I wanted to take a picture of it, but he refused. He said I dont need to record but I kept on recording, he said do I have the money, to which I replied no, but as I am not working, I am willing to make monthly payments, but he refused and demanded full payment.

 

I said, I cant give you what I dont have, he then parked his vehicle in my driveway, saying he's not going to leave until the tow truck gets here, I said fine, whatever makes you happy. I kept on video recording, I went up to his face while he was in his vehicle and kept on recording, he said why am I behaving like this, that I must be suffering from a disease, I said thanks for the insult and kept on recording, he was in his vehicle for about 20 mins, and then came out and said last chance, the tow truck is coming, I said I dont have any money but I'm willing to make monthly payments.

 

He then demanded I give him the keys to my car, to which I refused, he went back into his vehicle and I kept on recording, I then asked to see a documentation of how it mounted up to £431, and he refused saying that after I make payment, he will then give me the breakdown. I kept on recording, going round his car, recording everything. He then came out and said that he has to leave but he has called the tow truck and they can come anytime to collect the vehicle, then he left.

 

I just wanted to ask you guys for your opinion on the whole situation. Also, I am going to send the documents, emails and video to the OFT and file a complaint as well. These guys have been disturbing my life, the bailiff today he insulted me verbally and was quite rude.

 

Thanks for reading, I really appreciate it, and I apologize for any typographical and grammatical errors.

[brassnecked]

Why are the pitbulls from newlyn on your case, were you aware of the PCN when they first called?

[Senusret]

honestly, I dont recall any PCN from Brent Council.

[unclebulgaria67]

honestly, I dont recall any PCN from Brent Council.

 

I presume that you can ask the Brent Council parking enforcement people for evidence of the PCN.

 

That is what I suggest that you do. Contact the council and get them to furnish the proof.

[Senusret]

I presume that you can ask the Brent Council parking enforcement people for evidence of the PCN.

 

That is what I suggest that you do. Contact the council and get them to furnish the proof.

 

Thanks. will definitely do.

[brassnecked]

Just a thought, did you own your car around the date of the alleged PCN, or have you bought it in the last 15 months or so? This could make a big difference, as then you wouldn't even be the debtor, and all that evidence and txts etc archived would be good in a complaint.

[hallowitch]

how old is your car whats its value ?

 

 

Newlyn has been harassing for quite sometime now, probably up to a year now

 

do you know the date of the warrant

http://www.consumeractiongroup.co.uk/forum/showthread.php?365846-Jacobs-Parking-Fine-Fees/page2

[josephbloggs]

Sounds like from your description that you acted in a childish manner in this situation,

Why couldnt you just be up front - look im not working heres my dole book this is how much ive got coming in each week/month etc rather than deliberetly trying to make a scene by putting your phone in his face

[tomtubby]

The warrant of execution is valid for just 12 months. You had said that Newlyn have been in touch with you fo about a year. You should make enquiries about this.

 

If you had not received any statutory notices ( in particular the Notice to Owner) then you are legally able to file an Out of Time Witness Statement. All enforcement will then be on hold. The bailiff enforcement will then cease.

 

I would almost certainly suggest that you call Brent Council to make enquiries about this PCN.

[Senusret]

how old is your car whats its value ?

 

 

Newlyn has been harassing for quite sometime now, probably up to a year now

 

do you know the date of the warrant

 

value of the car is probably around £600.

 

Sounds like from your description that you acted in a childish manner in this situation,

Why couldnt you just be up front - look im not working heres my dole book this is how much ive got coming in each week/month etc rather than deliberetly trying to make a scene by putting your phone in his face

 

Yes it was childish but it needed to be done, I have told him that I am not working, yet he insisted that I pay the full amount, I stressed it enough that I'm willing to make payments, but still demanded full amount.

[lookinforinfo]

Sounds like from your description that you acted in a childish manner in this situation,

Why couldnt you just be up front - look im not working heres my dole book this is how much ive got coming in each week/month etc rather than deliberetly trying to make a scene by putting your phone in his face

 

That was a totally unhelpful comment to make. Far from being childish, it was a brave action to take and it may help others who are scared of bailiff visits. Maybe the OP was lucky that the bailiff was not as aggressive as some though it could also be that by videoing him, it prevented him from actions he may have taken with some one less able to stand up for them selves.

[josephbloggs]

That was a totally unhelpful comment to make. Far from being childish, it was a brave action to take and it may help others who are scared of bailiff visits. Maybe the OP was lucky that the bailiff was not as aggressive as some though it could also be that by videoing him, it prevented him from actions he may have taken with some one less able to stand up for them selves.

 

Rubbish. This is my opinion, an opinion and observation. Just because it isnt in line with yours and others narrow minded opinions about debt collection doesnt make it any less valid. Now we can only go off what the OP says, and the impression i get is that the OP had/has no intention on paying the parking fine and chose to attempt to antagonise the bailiff that came around, probably causing him to dig his heels in a bit instead of going away armed with the info regarding being unemployed which could of been easily passed over.

[Senusret]

Rubbish. This is my opinion, an opinion and observation. Just because it isnt in line with yours and others narrow minded opinions about debt collection doesnt make it any less valid. Now we can only go off what the OP says, and the impression i get is that the OP had/has no intention on paying the parking fine and chose to attempt to antagonise the bailiff that came around, probably causing him to dig his heels in a bit instead of going away armed with the info regarding being unemployed which could of been easily passed over.

 

No you are wrong, I want to pay the fine, but the bailiff wanted the full payment on the spot. Why wouldn't I want to pay what I am owing, all I asked was for documentation (breakdown) of the charges and a payment plan, but he refused and was quite rude. More so, I told him I was on job seekers, told him I can bring proof if he wants, but he was not interested, all he wanted was £431 right there and then.

[brassnecked]

Whatever the whys and wherefores, if OP had no knowledge of the PCN until newlyn turned up, then the OOT may be an option, As to filming a bailiff, well I would make a point of doing so, for the bailiffs protection as well as mine, I would film them as a favour if a bailiff called on any of my neighbours also.

[huggy41]

i wonder how josephbloggs profile says 78 posts yet when you click on his name he only has 2 post ?

[lookinforinfo]

Rubbish. This is my opinion, an opinion and observation. Just because it isnt in line with yours and others narrow minded opinions about debt collection doesnt make it any less valid. Now we can only go off what the OP says, and the impression i get is that the OP had/has no intention on paying the parking fine and chose to attempt to antagonise the bailiff that came around, probably causing him to dig his heels in a bit instead of going away armed with the info regarding being unemployed which could of been easily passed over.

You obviously do have opinions but to suggest that I and others on this forum who think that bailiffs are an anachronism in the 21st century are narrow minded would perhaps

indicate that you are a bailiff or your sympathies rest with them rather than people who are in financial trouble.

[lookinforinfo]

Senusret it would seem strange that the bailiff would not have clamped or even levied on your car when he was there. perhaps the Warrant had expired and all he could do was to put the frighteners on you.

Do not lose the video it may become very helpful to you later.

[brassnecked]

It looks like the warrant has expired, in which case the bailiff has no lawful back up, and on another thread, I will find it later, apparently it cannot be renewed after the 12 months, so is on dodgy ground imho, as yes he would have most likely clamped the car by now otherwise.

[josephbloggs]

You say newlyn have been leaving letters and sending text messages for about a year and to quote your original post

"anyway, i kept ignoring them" doesnt sound like you want to tackle this really.

Also suggests this isnt the first the OP has heard about this.

And just because my answer to the original post isnt the same as every other thread and poster

-bailiffs in the wrong

-complain to company council and form 4

-must be fraud by false representation

-must be making the fees up

-remove the companies license

Does not mean i must be a bailiff

[brassnecked]

You say newlyn have been leaving letters and sending text messages for about a year and to quote your original post

"anyway, i kept ignoring them" doesnt sound like you want to tackle this really.

Also suggests this isnt the first the OP has heard about this.

And just because my answer to the original post isnt the same as every other thread and poster

-bailiffs in the wrong

-complain to company council and form 4

-must be fraud by false representation

-must be making the fees up

-remove the companies license

Does not mean i must be a bailiff

 

Op needs to tell exactly when they first knew about this, were they the car owner at the time of issue of the PCN, did they buy it after the PCN, and the bailiff has data cleansed the warrant in some way, but whatever it is now likely out of time?

 

We cannot move forward with advice without more background information.

[Senusret]

You say newlyn have been leaving letters and sending text messages for about a year and to quote your original post

"anyway, i kept ignoring them" doesnt sound like you want to tackle this really.

Also suggests this isnt the first the OP has heard about this.

And just because my answer to the original post isnt the same as every other thread and poster

-bailiffs in the wrong

-complain to company council and form 4

-must be fraud by false representation

-must be making the fees up

-remove the companies license

Does not mean i must be a bailiff

 

yes, newlyn and their bailiffs have been in contact for a year and whenever I call them, asking and begging them to set up a payment plan, they both refused and threatened if I don't pay the full amount immediately they are coming to seize goods, I've called newlyn on several occasions and their reply was either you pay up now or we'll leave it to the bailiffs to seize your goods, I told them my circumstances and everything but they refused to negotiate and kept sending me threatening letters and text messages all the time. More so, I don't remember receiving any PCN from Brent council, they have not even told me the date the incident happened, at least I'll now if I was the owner at that time. All they want is £431, right now, they cant even give me a breakdown. Anyway, I've filed a complaint against them.

[unclebulgaria67]

Just concentrate on what you need to do.

 

Contact Brent for a copy of the PCN. ( There may still be a way of appealing this, depending on the details)

 

Once you have that, if it is all in order and there are no grounds for appeal, the see what you can do to settle the PCN based on your ability to pay and to only pay the bailiff fees that are legit.

[tomtubby]

Yesterday I provided the follwoing advice. I am therefore at a losss to understand why you are saying that you want to pay. Why would you wnat to pay for something that you have no knowledge about??

 

The warrant of execution is valid for just 12 months. You had said that newlyn have been in touch with you for about a year. You should make enquiries about this.

 

If you had not received any statutory notices ( in particular the Notice to Owner) then you are legally able to file an Out of Time Witness Statement. All enforcement will then be on hold. The bailiff enforcement will then cease.

 

I would almost certainly suggest that you call Brent Council to make enquiries about this

[Senusret]

Yesterday I provided the follwoing advice. I am therefore at a losss to understand why you are saying that you want to pay. Why would you wnat to pay for something that you have no knowledge about??

 

 

 

I would almost certainly suggest that you call Brent Council to make enquiries about this

 

 

will definitely do. Thanks.

[old bill]

Any statements made by certificated bailiffs and their employers that are not supported by hard evidence should ALWAYS be treated with suspicion and ALWAYS checked out with the relevant authority, etc.. NEVER take what a certificated bailiff says at face value.