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Hi,

 

Can somebody please advise me if the Bailiffs pining a letter addressed to myself on the communal notice board in my block of flats is legal for them to do. My neighbour advised me that there was an envelope addressed to myself pinned on the communal notice board for me. When I looked in the envelope it was a letter from Newlyn Bailiffs stating that they have visited my property and they will be gaining access to my flat within 24 hours. I have a dispute with the council at the moment regarding my council tax and they advised the bailiffs were on hold. I thought letters had to be posted through your own personal letter box? I am being charged for 2 other letters I have never received.

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Nope. Not legal. It's a data protection breach for one. Harassment and intimidation/embarassment for another which breaches OFT guidelines.

 

Get back in touch with the council and demand that they explain themselves.

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There will be more informed caggers along soon, but any correspondence should be put through your letter box or handed to you. Pinning any letter on

communal notice board is abreach of the data protection act. Basically any one could of read it. They CANNOT gain access . Contact your council

asap and let them know. Do not let them fob you off with oft used phrase " nothing to do with us talk to the bailiffs. DO NOT talk to the bailiffs if

you are not used to dealing with them they will tie you up in knots and generally be rude to you .

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Was the envelope sealed? Was the envelope just a plain one or was there any identifying marks on it as to where it had come from?

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I rang the bailiffs as I was so angry, they basically said I was lying. I asked for them to confirm the day and time that the bailiff posted the letter and I wanted to proof. The rep;ly I got was anything I have to say put it in writing as I am the Debtor not the customer they are not here to help me just to recover the money. I asked for a copy of the telephone conversation that I had with her and I was advised it is £35.00 for every 10 minutes of the conversation. I have written to the council but they do not seem to be helping either.

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The rights & wrongs of how the envelope was delivered is cause for complaint with the Council. As the Bailiff has never set foot in your flat then there is really not much he can do. Regardless of accessing the communal area this is not classed a peaceful entry to your home.

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I rang the bailiffs as I was so angry, they basically said I was lying. I asked for them to confirm the day and time that the bailiff posted the letter and I wanted to proof. The rep;ly I got was anything I have to say put it in writing as I am the Debtor not the customer they are not here to help me just to recover the money. I asked for a copy of the telephone conversation that I had with her and I was advised it is £35.00 for every 10 minutes of the conversation. I have written to the council but they do not seem to be helping either.

 

The bailiff is lying and must be reported. Which council is it?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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can anyone advise where I stand legally with the council as they have appointed Newlyns to work on behalf of them and if Newlyns have breached Data Protection Act, the local Council must be at fault somewhere?!

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THe council is responsible for the actions of the bailiffs. You need to stop talking to the front desk minders and go to the top. You will also need to copy in your MP.

Edited by citizenB

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi samanthag

 

Do you think the neighbour that informed you of the open letter pinned to the notice board in the communal area would be willing to do a statement/letter for you?

 

Now this may seem a daft question but is there by any chance CCTV covering the communal area?

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hi samanthag

 

Do you think the neighbour that informed you of the open letter pinned to the notice board in the communal area would be willing to do a statement/letter for you?

 

Now this may seem a daft question but is there by any chance CCTV covering the communal area?

 

I could ask and see if he would mind he is an elderly man and there is no CCTV I know they will dispute it just as they have about saying they have sent other letters which I havent received. They are also charging me a levy charge but I wasn't even at home. I have written a letter to my MP and copied in the council tax department and I will see if that does anything

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Samantha.

 

I am sorry but I am going to be critical.

 

The letter was in an clear envelope and pinned to the notice board. You have complained and I am not in the least bit surprised to hear that Newlyn are saying that you are wrong and that the letter was posted through your door. Unless you want to go to lots of trouble proving the notice I would suggest that you do NOT make a complaint concerning this point.

 

INSTEAD.....

 

There is something FAR MORE SERIOUS and this concerns the fact the you have been charged a LEVY FEE!!!

 

What has been levied upon and can you list the charges?

 

Unless a levy has been made, the ONLY fees can consist of just an "attending toe levy" fee of £24.50 and a 2nd such visit can be charged at £18.00.

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I have no idea what has been levied, I couldn't tell you as they haven't been in my property. They also charged me £242.50 x2 for the van at no time have I ever seen these bailiffs attend my property.

 

I am going to ask for the bailiffs name who attended my property and get him to sign a decleration that he did put it through my door with the date and the time and I will take it to court as they are doing Fraud and it is not on. I have contacted my local MP.

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It is vitally important that you find out what has been levied upon. There is a LEGAL OBLIGATION to provide a Notice of Seizure. Your MP needs to know about this serious matter as well.

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