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my council tax account was passed to the newlyn but i have cleared the councill tax account but battle with bailiff is going on they trying to charge £162.50 .

 

i covered my self by sending them proof that my car is private hire but they keep saying they still can clamp my car but can not take it .

i also told them not to visit my house as my wife has mental history and she is till seeking some counseling for it and they said we will visit tell your wife not to open the door

 

where before they was sending me the letters with both our names now they only start sending letters only stating my wife's name

only.

 

i am attaching recent letter they send me and in this they also said ( Goods maybe removed in your absence )

 

they never got levy on items as we never had them visit physically let them in or open the door for any bailiff so how can they say goods maybe removed in your absence .

 

please help me thanks

 

newlynabsence.jpg

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money all paid to the council and just bailiff fees owing?

 

The most they can charge with no levy is £24.50 first visit and £18.00 second visit

 

they cant levy on goods just to cover there fees the liability order/warrant is satisfied

 

Bailiffs are relying on fear and intimidation thinking you will pay up

 

Get on to local MP and to council to get a breakdown of there agents fees

 

That seams a standard letter

 

Bailiffs on to a looser no levy they cant take car

 

they have no levy no right of entry


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any advice given is based on experience and learnt from this site :-)

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Send this letter to Newlyn by recorded delivery

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

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. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully


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i am on stage 2 of council complain procedure as they are not upholding my complain again now i am going to local ombudsman

 

mpletter.png

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Would appear that the Local MP should be directed to this site and the others

 

Clearly he does not know what bailiffs can and cant charge and should have a read up on things

 

try the breakdown from the bailiffs

there is no warrant so they can do very little to get there money before giving up


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Jonathan Djanogly is a self serving ex-justice minister who should be by-passed on this issue. Perhaps write and tell him you have no confidence in him to deal with this.

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Does your wife have a CPN or similar? Did the Bailiff leave you a Notice of Seizure?


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Does your wife have a CPN or similar? Did the Bailiff leave you a Notice of Seizure?

 

I don't know how this notice of seizure looks like or it's wording I only have letter through post by newlyn and one letter was in red color and all the crap about their action

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I don't know how this notice of seizure looks like or it's wording I only have letter through post by newlyn and one letter was in red color and all the crap about their action

 

 

have a look at the form 7 in this link it shows what notice of seizure

looks like

 

http://www.legislation.gov.uk/uksi/1988/2050/schedule/2/made

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If they are trying to charge you £162-50 they must have levy on some of your possessions - you mention a car in your original post. A Bailiff is allowed to charge £24-50 for his 1st Visit to you & £18-00 for his 2nd - providing he has not made a levy on your goods. If this has been charged then that leaves £120 unaccounted for. It is all the more urgent you send off for the breakdown of fees as said in Post 4, this best done initially by email followed by a copy in the post.

 

If they have made a levy on anything it is a legal requirement they leave you a Notice of Seizure - also called a Form 7 because that is its number. This is usually an A4 sheet listing the goods seized and on the reverse it should have a list of what they have charged.


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No I did not revieved any form 7

 

I did talk to the the guy

the appointed bailif that came and visited my house my wife was not home so he left letter with the sum on it and his name

 

I did search his name on bailiff data base but he was not bailiff

 

I asked him why he came

he said he came to claim the money and I told him not to come when I am not home as my wife's depression history

 

he told me to tell my wife not to open door as he will keep calling at my house.

 

I warned him that he will be breaking law by doing that and I also said I got proof of signiture post that I have provided the documents to your office

which they never send me acknowledge so far it's been over month.

 

He than asked me what time I am home so he can come and collect money

 

I said you not getting any money or any access to house so don't bother

 

he than said he will come and clamp my car

I said up to you but

 

I have provided the proof of car

it is work car and I do my earning than

 

he told me that he can clamp it but can not twoe the car away

and keep it clamped until I pay the money .

 

Since I have talked to him I have recived 2 letter first my name and my wife's together

as shows on council tax second letter today with only my wife's name as I posted in perivoius post

 

.thanks

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i am on stage 2 of council complain procedure as they are not upholding my complain again now i am going to local ombudsman

 

mpletter.png

 

Surprise, surprise. The Minister of State responsible for the certification of bailiffs comes out with crap like this. He really does need to invest in a copy of John Kruse's book, as I have. Just waiting for it to be delivered.

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I think they will claim a levy on your motor, if it is contract hire then it cannot be levied or seized, as it belongs to the finance company. Once they have responded to the Acme letter, if they have levied the car it can be challenged.


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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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I think they will claim a levy on your motor, if it is contract hire then it cannot be levied or seized, as it belongs to the finance company. Once they have responded to the Acme letter, if they have levied the car it can be challenged.

 

the car is private hire

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the car is private hire

 

Then it belongs to the hire company and cannot be either levied on or seized. Make sure the bailiff is served with a photocopy of the hire document. This will kill his pig, but if he then tries to levy on or seize it, he will be acting illegally from the outset.

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I may be wrong Old Bill, but when the OP says his car is private hire, he means it is a minicab. Probably why the bailiff says he can clamp it but not remove it. So a question to the original poster - does the car belong to you or does the minicab company own it? If it belongs to you, does the car have any outstanding HP on it?

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Okay. Does the vehicle have a Private Hire plate on it? If so, it is used for business purposes and the OP's livelihood and the bailiff will be on a sticky wicket if they try to levy on or seize it.. If it is subject to finance, it is third party property and, therefore, cannot be levied on or seized.

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If the debt for the council tax has been cleared then, im sure when I say this, that the bailiff cannot levy for his fee's only.

 

However the council must give you verification that your debt have been discharged with them. They can take the bailiff fee's out of the payment that you have made, which would leave the debt still owing.

 

I would offer or pay the bailiff for the two visits, which are owed. The levy on the vehicle can then be queried. No lawful levy, then no fee above the visit fee's.

 

You stated that the bailiff wasnt a bailiff, did you mean that he wasnt a certificated bailiff.

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Okay. Does the vehicle have a Private Hire plate on it? If so, it is used for business purposes and the OP's livelihood and the bailiff will be on a sticky wicket if they try to levy on or seize it.. If it is subject to finance, it is third party property and, therefore, cannot be levied on or seized.

Car got private hire plates and I have send the documents by recorded delevery to newlyn and also I have updates council office with the documents and the car is on my name .i called citizen advice beru they asked me to call free debt help line and they told me that bailiff are not able to clamp the car but try to keep the car out of their sight .thanks

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If he's not a certificated bailiff, no fees are payable. Newlyns can go swivel.

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If the debt for the council tax has been cleared then, im sure when I say this, that the bailiff cannot levy for his fee's only.

 

However the council must give you verification that your debt have been discharged with them. They can take the bailiff fee's out of the payment that you have made, which would leave the debt still owing.

 

I would offer or pay the bailiff for the two visits, which are owed. The levy on the vehicle can then be queried. No lawful levy, then no fee above the visit fee's.

 

You stated that the bailiff wasnt a bailiff, did you mean that he wasnt a certificated bailiff.

Bailiff is refusing to accept my first fee payment .the name of the guy who visited me third time is not listed on the bailiffs data . I also offered council that I am willing to pay only one first payment to newlyn now the newlyn is adding more charges my fear is if council pays it and than will start chasing me for what will I do than anyone can highlight me on this issue please thanks

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Newlyns cannot add any further charges without being able to prove they have lawfully incurred them. You could try threatening to have their fees submitted for Formal Determination. In layman's terms, when bailiff fees are subject to a Formal Determination, a County Court Registrar scrutinises the fees and, where it is found fees are excessive or not in accordance with legislation, they are disallowed. Also, the Registrar has the power to report a bailiff to their certificating court if what the Registrar finds brings into question the bailiff's fitness to hold a bailiff certificate. This is contained in the Distress for Rent Rules 1988.

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He cannot refuse payment. send the bailiff company a postal order, send by registered mail. They will cash it. keep all the receipts as proof of payment. I would also send copies to the council, with a complaint attached.

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