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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Harrow Borough Council – £235 Van/Attendance charge


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A a current thread highlights Harrow Borough Council, apparently allowing its bailiff contractor, Newlyn, to charge a £235 fee for a single attendance in connection with Council Tax enforcement.

 

Harrow council caused controversy when it called for its bailiff contractor to hand back 8% of its fees collected from householders who owed money to the council. Is this why Newlyns are having to inflate their fees to the point of extortion?

 

Coincidentally, a Freedom of Information request has been submitted to Harrow which might throw light on why the council allows its bailiff contractor to impose these levels of charges.

 

 

Dear Harrow Borough Council,

 

Q.1 In relation to Council Tax enforcement and agreed fees between Harrow Borough Council and its bailiff contractor for those described as "reasonably incurred" in schedule 5 to S.I 1992/613. For example an attendance with a vehicle with a view to removal of goods (often called a 'van' fee).

 

a) If any of these fees have a set fee agreed, could you please state what they are for and how much Harrow Borough Council allows its bailiff contractor to charge.

 

b) If for example Harrow Borough Council allows its bailiff contractor to charge an agreed amount for the 'van' fee, how has it been determined this cost is reasonably incurred?

 

For example, a bailiff on an average day's shift where no goods are removed, calls on 12 debtors with only the need to hire a basic van to transport himself from one property to another.

 

The cost per day would realistically be £30, but to hire on a regular basis would likely be less.

 

Allowing for fuel this would amount to no more than £3.50 per person as a realistic cost reasonably incurred.

 

c) On the other hand, if Harrow Borough Council have an agreed amount for the removal and storage of goods, how has this been determined as costs reasonably incurred?

 

For example, a bailiff removes goods from 6 debtors on a single shift. This requires two types of transport, i.e. a tow-truck for vehicles, and a removal van for furniture. The cost of hire per day would realistically be no more than £175 for the two vehicle types, but again to hire on a regular basis would likely be less.

 

Allowing for fuel this would amount to no more than £33 per person as a realistic cost reasonably incurred.

 

Q.2 Commencing 2009/10 to date and categorised by year please supply the number of council tax cases Harrow Borough Council referred to bailiff:

 

:- to levy distress?

 

:- where goods were removed?

 

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The Council may indeed ask for a percentage of the Fees. But as Council Tax Fees etc are set by the Regulations then only those fees must be charged, if Newlyn are so desparate for the work then that is up to them to pay the Council the percentage out of that. As for the inflated ATR/Van fees then they run the risk of having those assessed through the Courts, the problemof course is how many are just paying without querying? In my view a concerted program of info to the inmates of Harrow should ensue through different media channels.

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If Harrow residents have a complaint concerning Newlyn Plc and the fees being charged by them they should consider contacting the Harrow East Conservative MP; Mr Bob Blackman.

 

He raised a Parliamentary Question in the House of Commons last year regarding the tender document for bailiff services issued by Harrow Council and where Harrow require a "kick back" of 10% of the bailiff fees recovered !!!

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