Jump to content
  • Tweets

  • Posts

    • https://www.consumeractiongroup.co.uk/topic/408156-cabotnolans-spc-claim-old-next-cat-debtclaim-dismissed/page/4/#comments https://www.consumeractiongroup.co.uk/topic/404240-arrowshoos-spc-old-newday-aqua-credit-card-debt-claim-dismissed-no-dn/page/4/#comments default notice win  https://www.consumeractiongroup.co.uk/topic/407490-meiii-cabotnolans-spc-claim-old-yorkshire-bank-loan-2nd-claim-dismissed/  
    • It follows a public backlash after stores were told they could not sell items such as clothes. View the full article
    • With regard to your question on post 207 if you bring in the points that I made on the validity of the contract they are supposed to have with Peel holdings then mention that there are already doubts about the validity of the contracts that are being used by the PPCs and the OPS is a classic example. Once you are on there you should then try and get your other point in after that.   if it is in connection with the extra charge of £60 remind the Judge that the charge has been defined by many Court across England that the charge is an abuse of process which was covered in PE v Beavis at point 198    " The charge has to be and is set at a level which enables managers to recover the costs of operating the scheme"  IE the £100 charge covers all their expenses so nothing should be added.   as their WS claims an extra £60 that could be judged as perjurious since it is an additional sum that should be known by VCS and the author of the WS as a double recovery. Especially as they have already lost in Court for the same reason.   Another cause to prove that they do not comply with their Code of Conduct. file:///C:/Users/User/Downloads/CamScanner%2008-05-2020%2016.34.59.pdf  Byelaws are statutory not arbitrary as their WS said on no .42 .   Best of Luck.   The above URL does not work but this one does http://forums.National Consumer Service.com/index.php?showtopic=133001    [20.1 is where  VCS  lost then 20.2 where they appealed and lost again . But read the whole thread as it may help you in other ways too.
    • Sian Williams from Indonesia takes us through her week during the coronavirus pandemic. View the full article
    • stop doing nolans job for them... there are numerous threads here in the same forum yours is in     no DN info to follow   dx    
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Newlyns letter of distress on 5yrs old Liabitly Order. levied my car, husbands old CTAX debt


Please note that this topic has not had any new posts for the last 2539 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello,

 

Whilst myself and my husband were in our house a letter had been pushed through the letterbox from Newlyns.

 

It contained 2 letters both dated 5th November

1. Take Formal Notice

2. Notice of distress.

 

This is for council tax in the amount of £165.34

they have added charges on and the bill now equates to £346.65

 

It said it was for unpaid council tax for Trafford Council for my husband,

we worked out when he lived in that district and it was 2005 for about 3 months.

 

They had detailed on this distress notice that they intended to seize my 35K Mercedes car,

which they had detailed the reg number,

firstly they can't take my car for my husbands debt but I found that laughable to say the least.

 

We called Trafford Council as we had no idea what this debt was for as this was the first we had heard of it,

baring in mind we have lived in this same property 5 years.

 

We explained we had never received a letter asking for payment

nor did my husband realise the debt even existed,

 

Trafford Council happily took the payment of £165.34 from us

but then spoke to someone in the recovery team and they have refused to call the bailiffs off.

 

They even told us they had written to my husband at an address he moved out of in 2008

which is why we never had seen any of these letter,

 

they told us he should have advised them he moved,

which in my opinion is ludicrous,

why would we tell trafford council he moved out of a manchester council district property in 2008,

this makes no sense to me,

why have they been unable to find him when we have lived here for 5 years.

 

What I'm asking is we have paid the debt to the council but the council won't call off the bailiffs,

I have an email receipt of the payment from Trafford Council.

I don't know what to do as the bailiff people said they are sending someone round tomorrow.

 

any help gratefully received

Link to post
Share on other sites

Very poor customer service from the council. The bailiffs are acting on their instruction and they can and should withdraw the bailiffs. In addition they should pay Newlyn's costs.

 

It seems they have made no attempt to contact you since 2008.

 

As I work in for a local authority in enforcement I can tell you that the LGO would take a very dim view of this.

 

How did they get your new address? If they traced you they must send a letter first.

 

Its in the regs;

 

The Council Tax (Administration and Enforcement) (Amendment) Regulations 1998 no 295

 

Regulation 7

Information preliminary to distress

7.  (2) After regulation 45 there is inserted—

"Information preliminary to distress

45A.  (1)  No distress shall be made under these regulations unless,

no less than 14 days before a visit in connection with the distress is first made to the premises where it is to be levied,

the authority have sent to the debtor written notice of the matters specified in paragraph (2) below.

 

 

Hope this helps

Link to post
Share on other sites

The very very first we have heard of this debt is this Newlyns letter

which was I assume hand posted today as there is no stamp on it.

 

The council said they couldn't find my husband yet we have lived here for 5 years.

They said that Newlyns must have found us as the council said they didn't have this address

which I find completely crackers as we have been here 5 years.

 

I think my husband is going to go down to Trafford Council and speak to someone face to face

as we got nowhere with 1.5 hours phone call with them.

 

I will copy what you have mentioned and get him to quote this, should we make any attempt to contact Newlyns?

 

Thankyou for your time its much appreciated,

my stress levels have gone through the roof today

Link to post
Share on other sites

do you know the date of the liability order concerning the debt please

 

if they didn't get that within 6yrs of the ctax becoming due

then that's another thing to bring up.

 

you also need to check that a distress warrant WAS issued by the court

and its not a figment of the bailiffs imagination.

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

Link to post
Share on other sites

The notice of distress says:

Take notice - that by virtue of the authority of a magistrates court liability order dated May 15 2008 and obtained by and with the authority of Trafford council I have this day attended the premises (and our home address) to seize and distrain upon goods for the sun of £346.65

 

The next paragraph says unless paid within 5 days they will take goods and then they have listed in inventory of goods MY Merc that was parked on the drive. Not my husbands vehicle so I know they can't seize that anyway but found it laughable

Link to post
Share on other sites

Theres a stated case somewhere concerning committal proceedings where no action had been taken by the council for 5 years.

 

This was deemed to long a period without any action. The six year rule does not apply to liability orders.

 

If Newlyn do turn up then do not talk to them. The levy is invalid but they may try and take the car quoting a shared interest so to avoid hassle just hide it until this is resolved.

 

It sounds as if the council has handed a load of old absconds to Newlyns to trace and collect. Known as recycling. Fraught with danger if the council did not instruct Newlyn's to send a letter before calling. Expect more of this next year with the new fee structure!

Link to post
Share on other sites

Make sure you complain to the council and the bailiffs about your car. It has been known for them to take the car regardless, thats why you MUST tell them and ensure they do a full check on the car.

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

Link to post
Share on other sites
Theres a stated case somewhere concerning committal proceedings where no action had been taken by the council for 5 years.

 

This was deemed to long a period without any action. The six year rule does not apply to liability orders.

 

If Newlyn do turn up then do not talk to them. The levy is invalid but they may try and take the car quoting a shared interest so to avoid hassle just hide it until this is resolved.

 

It sounds as if the council has handed a load of old absconds to Newlyns to trace and collect. Known as recycling. Fraught with danger if the council did not instruct Newlyn's to send a letter before calling. Expect more of this next year with the new fee structure!

 

as far as i'm aware an LO for CTAX never expires as long as its attained within 6yrs of the CTAX debt

 

I believe the warrant only lasts for a short time though.

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

Link to post
Share on other sites

My husband is going to go down to Trafford Council office today,

 

i think face to face may work rather than over the phone,

 

they cannot get away with this,

 

they have made no attempts to contact us since 2008,

we just received this newlyns letter,

we have paid the council tax debt to them so they need to get rid of the bailiffs as far as I am concerned its now finished.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...