Harrassment by NewLyn due to council's negligence

[landlor]

Hello Friends,

 

 

I have had a recent bad experience with council.

 

I had some overdue council tax, which I cleared upon being brought to attention, back in November.

 

However by then the council had passed on my name to a debt collection agency.

 

I explicitly asked them to inform the debt-collection agency that I have cleared the payment

and there is no outstanding any more.

 

 

Due to council's negligence, my name was not moved and the debt collection agency continued to

send their threatening letters.

It was so scary for me and my wife to read the letter.

 

 

I had to call the council again and they admitted that they had made a mistake and then they finally removed my name.

 

 

Now my question is whether I can claim compensation as redressal for all the harassment

and stress that I had to go through due to councils act.

 

I really don't want the council to just get away with an apology.

 

 

Please advise me on this.

 

 

Thanks

[dx100uk]

DCA or Bailiff company?

 

ofcourse you can seek compensation.

 

have you asked them yet?

 

dx

[landlor]

Hello dx100uk,

 

 

Many Thanks for the reply.

 

 

Are there any legislations for this. Can you please tell me so that I can refer to those legislations while claiming.

 

 

Thanks.

[porkyp1g]

Nothing would have ever come from the letters, not sure exactly if they will see fit to compensate.

 

Now if you'd have had someone show up to remove goods, then I would say you have more of a case.

[landlor]

Does that mean someone can keep scaring me endlessly, unless he/she actually inflicts a physical harm? Is there no compensation for mental agony caused?

[matt v atos]

Did you have a letter saying you have x amount of time before we do this and that and you paid it

[silverfox1961]

Hi and welcome to CAG

 

Sitting on the fence here. What mental agony means to one person does not mean the same to another. there would never be physical harm resulting from debt collectors as all thy do is send letters. Those letters are designed to be intimidatory by nature and it is only when read carefully, they are fairly ambiguous.

 

You are of course entitled to raise a Formal Complaint with the council and if you disagree with their decisions you can go to the Local Government Ombusman. I do feel that if you have suffered no material disadvantage then 'if' compensation were offered, it would be a token amount.

 

The bigger question is, was this a debt collection agency or a bailiff company as that could put a different spin on it.

[BRIGADIER2JCS]

DCA or Bailiff company?

 

ofcourse you can seek compensation.

 

have you asked them yet?

 

dx

 

 

Robertson - v - BOS appeal court 2013. Lays down what may be considered harassment.

[porkyp1g]

Mental agony? You knew you paid the bill so you also knew it was a mistake, did you really let that worry you? Yes the local authority made an admin error, but will all the cutbacks happening at the moment, trying to sue them for money they don't have isn't really going to be good for the greater good. Surely it's going to just more mental agony trying to chase something for nothing.

[landlor]

Hi and welcome to CAG

 

Sitting on the fence here. What mental agony means to one person does not mean the same to another. there would never be physical harm resulting from debt collectors as all thy do is send letters. Those letters are designed to be intimidatory by nature and it is only when read carefully, they are fairly ambiguous.

 

You are of course entitled to raise a Formal Complaint with the council and if you disagree with their decisions you can go to the Local Government Ombusman. I do feel that if you have suffered no material disadvantage then 'if' compensation were offered, it would be a token amount.

 

The bigger question is, was this a debt collection agency or a bailiff company as that could put a different spin on it.

 

 

Hello Silverfox, Yes it was indeed a bailiff company called NewLyn. The letter they used to send stated that they have done inspection of my house and that they would turn-up anytime and remove goods/vechiles from my house even in my absence.

[dx100uk]

we don't usually get users choosing the name is a bailiff company as their username

p'haps a change is in order here.

 

if this bunch has done what you say

 

then yes there are standards they, employed by the council

must act by .

 

for ref was this a ctax debt.

 

newlyns have a dca wing too FWIW.

 

but if they say they were going to remove stuff

that's the bailiff wing.,

 

did they ever visit?

 

unusual for them to send 'letters'

 

its typically just one in CTAX cases

 

dx

[rebel11]

There are also Debt Collection Guidelines:-

 

Page 57

 

http://www.oft.gov.uk/shared_oft/consultations/OFT664Rev_Debt_collection_g1.pdf

[landlor]

we don't usually get users choosing the name is a bailiff company as their username

p'haps a change is in order here.

 

if this bunch has done what you say

 

then yes there are standards they, employed by the council

must act by .

 

for ref was this a ctax debt.

 

newlyns have a dca wing too FWIW.

 

but if they say they were going to remove stuff

that's the bailiff wing.,

 

did they ever visit?

 

unusual for them to send 'letters'

 

its typically just one in CTAX cases

 

dx

 

 

Hello dx,

 

 

They did not visit my home. I managed to stop that from happening. However my family members were really thrown into tizzy after reading their letter. I think my main question has gone unanswered: Can I claim compensation from council for their negligence in duty as it impacted my peaceful life?

Edited March 2, 2014 by newlyn

[antone]

Hello dx,

 

 

They did not visit my home. I managed to stop that from happening. However my family members were really thrown into tizzy after reading their letter. I think my main question has gone unanswered: Can I claim compensation from council for their negligence in duty as it impacted my peaceful life?

 

Silverfox gave you an answer in post #7.

 

Basically, you can ask for whatever you like. Follow the council's formal complaint procedure, escalating to the Local Government Ombudsman if your complaint is not resolved to your satisfaction. I'd not, personally, be all that optimistic about your chances of claiming compensation for mental distress, but if you've got the energy, well, go for it.

[dx100uk]

was this for ctax debt

[antone]

was this for ctax debt

 

Looks that way, yes - the debt was settled but the council did not recall the DCA for some time afterwards.

[dx100uk]

Hello Silverfox, Yes it was indeed a bailiff company called NewLyn. The letter they used to send stated that they have done inspection of my house and that they would turn-up anytime and remove goods/vechiles from my house even in my absence.

 

can you scan up this letter please

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[dx100uk]

Looks that way, yes - the debt was settled but the council did not recall the DCA for some time afterwards.

 

oh silly me says so in post 1

 

then it will be the bailiff wing and not a/the debt collector wing

 

there is a very big diff between a dca and a bailiff!!

[landlor]

oh silly me says so in post 1

 

then it will be the bailiff wing and not a/the debt collector wing

 

there is a very big diff between a dca and a bailiff!!

 

 

 

Hey dx, What is that difference? Please elaborate.

[BRIGADIER2JCS]

Debt collectors have no "legal" powers to seize goods or enter your home for any reason.

nor demand payment from you at your door.

 

Bailiffs are authorised by a court to enforce judgements made by the courts, a warrant is issued by a court for the bailiff to levy on the debtors property and if the debt is not paid seize items for sale to satisfy the debt.