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    • 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/  
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    • 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.
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    • stop doing nolans job for them... there are numerous threads here in the same forum yours is in     no DN info to follow   dx    
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I have just returned home and found a "Control of Goods" notice posted through my door

saying that I must pay Newlyn £1115 from a property I used to own in Lewisham.

 

I moved away from Lewisham in 2009 for work and sold the house in 2013,

in the meantime I rented it out to tenants and always kept the council informed of comings and goings

- there were only two tenants in that period anyway.

 

 

I wanted to sell in 2009 but you know what the housing market was like couldn't give it away then.

 

When I lived in the house up to 2009 I paid by direct debit so it can't be from those dates.

 

I rang Newlyn and the woman who answered was really quite nasty but I persisted with being calm and

she told me that they had sent notices to a rented address that I moved away from over two years ago.

 

 

I have contacted Lewisham via their webform to ask what debt they are asking for.

 

 

I suspect that either one of my tenants never paid their council tax or the buyer of the property chose not to register promptly.

 

So my question is

- can they just post a Control of Goods form to me without any other notices

regardless of whether they sent a notice to a property that I no longer live in?

 

 

Miss Nasty from Newlyn seems to think that was fine to send notices to my old address

and then send Control of Goods form to new address but surely that can't be legal?

Also it was a Liability order so I can't do anything about it according to Google.

 

 

I never received a copy of the order even though I had my post forwarded because Royal Mail only allows your post to be forwarded for 2 years,

and I did forward it for 2 years.

 

 

Is there anything I can do about never receiving a copy of the order?

 

Obv. I am going to ring Lewisham council tomorrow

but having dealt with them over the years when I lived there

I know they will be difficult

 

 

can anyone let me know what I should be saying to Lewisham and Newlyns?

 

NB the Newlyn Notice said the Liability order was from May this year.

 

Thanks.

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Hi welcome to CAG

 

 

If you knew nothing of the Court case then it is simple you will need to file a Statutory Declaration asap at your local Court tomorrow if you can. You only have 21 days from when you first knew of the case, so speed is essential/

 

 

In the meantime you will need to speak to the LA to get all the details fast.

 

 

Also see if there are any more LO's in the pipeline too

 

There appears a lot of mail has not made it through to you, from the Council and the Courts

 

 

BTW they can only enforce at the address on the Warrant of Control.

 

 

Then come back to update your thread

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Get on to the council and ask for a complete breakdown of the accounts at the property from 2009 to date, it could be that the tenant(s) is liable for most of it, but Lewisham would rather make you pay the lot.

 

Certainly provide them with proof of sale as that terminates your liability from that date.

 

Have they , or Screwlyn asked for Council Tax for this year? if so might be worth a Formal Complaint to CEO and Leader, in any case if tenant was in occupation they are usually liable or paying the council tax, which is why you need dates etc.

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Jane,

 

From what you have said in your first post your account was up to date in 2009 when you moved address and since that time, tenants have been in the property. Accordingly, you would not be liable for the period when tenants were occupying the property. As long as you had advised the council that you were not in occupation then responsibility for paying is not with you.

 

The council regulations are clear in that a demand notice (and the subsequent Liability Order) is to be sent to the last known address on the council records. As you were renting the property and the payment up until 2009 were up to date, I would assume that you would not have had any reason to provide a forwarding address. The council are not at fault.

 

The tenants should have received correspondence addressed to you. Have you checked with them.

 

PS: The letter from Newlyn's is notification that they are seeking to enforce the debt. You have no legal obligation to allow them into your home (and neither is it recommended) but please be careful as they can seize a motor vehicle from outside of the property (as long as it belongs to you).

 

You ned to call the council asap. There is little point is complaining to Newlyn. Their role is purely and simply to act as the agent for the council to pursue the debt.

 

Please post back as soon as you have spoken with the council.

 

You need to ask them the date when the Liability Order was granted, the period that it referred to and the amount when granted.

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Update, I phoned Lewisham and spoke to a nice man who told me that the debt related to the period after the property was sold, they had not been informed of the details of the new owner (though I swear I rang them at the time). So I gave him the new owners details and he said to confirm what was said by letter which I have just done and posted. He said they would call off Newlyns.

So I rang Newlyns to tell them this, the man who answered could not have been less interested and said that they would continue to enforce the order until Lewisham contacted them to request "the file" whatever that means. Nice.

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Update, I phoned Lewisham and spoke to a nice man who told me that the debt related to the period after the property was sold, they had not been informed of the details of the new owner (though I swear I rang them at the time). So I gave him the new owners details and he said to confirm what was said by letter which I have just done and posted. He said they would call off Newlyns.

 

So I rang Newlyns to tell them this, the man who answered could not have been less interested and said that they would continue to enforce the order until Lewisham contacted them to request "the file" whatever that means. Nice.

 

Delighted to hear that this matter has been sorted out so quickly. Newlyn's act as agents for Lewisham and accordingly, until told by them to cease enforcement they may indeed continue with bailiff action. I would tend to think that in reality, a note will be put on the system to await further instructions from Lewisham. This may take a day or so.

 

If you do hear anything from Newlyn in the meantime please do post back. In exceptional cases (such as yours) we can ask a site team member to contact you and a message can then be given to Newlyn's.

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