Newyln/council error now chassing

[protempus]

Hi, I am new to this forum so forgive me please if I have posted this in the incorrect section.

 

We paid off (in full) a council tax debt for a previous address on 30th August.

 

 

I called Newlyn with the payment and asked them if the debt was paid to the penny and if that is the last of it, they said yes.

Also we paid the amount shown owing on the Council's email to us, we thought that was the end of it.

 

 

yesterday 22nd September we received a call from a mobile saying they were Newlyns officer

and that they were going to visit our home today if we didn't pay the balance of £77.

I asked what balance and they said there had been an error and now it was owing, I spoke to the council who said it was Newlyn's fault.

 

 

After being on the phone for an hour to a very rude Newlyn agent they said we have until the next day to pay,

I said I was happy to pay if I had written breakdown of how/why and when this error was made

(apparently the council allocated a payment to our account by mistake, this didn't come to light until yesterday).

 

 

The agent said he could not do that and could not give me anything in writing, with a lot of arguments he has now given us 7 days to pay.

 

 

I don't understand how it has gone straight to the baliff without first a letter to us notifying us of their error,

as far as we were aware and told the balance was paid and nothing more was owing.

 

 

Am I wrong to ask for something in writing before I part with anymore money?

 

 

What is to say that another "error" won't appear a few more months down the line.

[honeybee13]

Hello and welcome to CAG.

 

I expect the forum guys will be along over the course of the day with advice for you.

 

My best, HB

[Bailiff Advice]

 

I said I was happy to pay if I had written breakdown of how/why and when this error was made (apparently the council allocated a payment to our account by mistake, this didn't come to light until yesterday). The agent said he could not do that and could not give me anything in writing, with a lot of arguments he has now given us 7 days to pay. I don't understand how it has gone straight to the baliff without first a letter to us notifying us of their error, as far as we were aware and told the balance was paid and nothing more was owing. Am I wrong to ask for something in writing before I part with anymore money? What is to say that another "error" won't appear a few more months down the line.

 

I am a little confused by your initial post. You say that you paid the council debt IN FULL on 30th August and that you called Newlyn with the payment and that you were advised by them that the amount paid cleared the debt. By this comment I am assuming that you made payment after the debt had been passed to Newlyn. If so, a Compliance fee of £75 will have been added. Did your payment include the £75 fee?

[unclebulgaria67]

Pay it now, complain later or make a formal complaint now to the council with a copy sent to Newlyn.

[protempus]

Hello and welcome to CAG.

 

I expect the forum guys will be along over the course of the day with advice for you.

 

My best, HB

 

Thank you!

[Bailiff Advice]

Pay it now, complain later or make a formal complaint now to the council with a copy sent to Newlyn.

 

My concern is that if this is not resolved at this early stage, the case will progress to the 'Enforcment stage' and this will involve a personal visit, the risk of goods being 'taken into control', and of course, an 'enforcement fee' of £235 being added. For the sake of £77 I would be inclined to pay and to make enquiries with the council at the same time.

 

It must be remembered that the enforcement agent is at all times, merely acting as an 'agent' of the local authority. Accordingly, it is for the local authority to resolve this error.

[unclebulgaria67]

My concern is that if this is not resolved at this early stage, the case will progress to the 'Enforcment stage' and this will involve a personal visit, the risk of goods being 'taken into control', and of course, an 'enforcement fee' of £235 being added. For the sake of £77 I would be inclined to pay and to make enquiries with the council at the same time.

 

It must be remembered that the enforcement agent is at all times, merely acting as an 'agent' of the local authority. Accordingly, it is for the local authority to resolve this error.

 

If Newlyn were made aware of the complaint to the LA, should they expect the enforcement fee ? Surely they should not be visiting people, when they are aware of a complaint dispute in progress. They should put it on hold until the LA have resolved.

[protempus]

Sorry if I was not very clear. At no point have we had a breakdown of their fees, just an email from Waltham Forest council with what was owing. We made a payment arrangement for the £450 balance over two months, the last payment (2nd instsallment) was made to Newlyn on 30th August, that is when they advised the debt was paid in full. Since then I suspect the council have done an audit and found that £77 was allocated to our account by mistake, so the original debt was not £450 but £527 (hence £77 owing now). What I am upset about is that at no point did they advise us of this error until on the 22nd September when we received this text "NEWYLN ENFORCEMENT AGENT MR VINCE DUE TO ATTEND TODAY TO REMOVE GOODS as per COURT ORDER. TO AVOID ACTION AND COSTS CALL ****** AND QUOTE ******"

 

AS I mentioned before on the 30th August we were told that the debt was paid in FULL. I understand that errors can happen, but this was not our error and still as yet we haven't received this in writing or had notification that this is owing other than that worrying text.

[Bailiff Advice]

Thank you very much for the additional information. It would certainly seem that the COUNCIL made and error and that £77 is owed. As previously advised I would want to avoid the risk of a personal visit (and the debt increasing by £235) and would suggest that the sum is paid and enquiries made with the council thereafter. It is for the council to resolve this enquiry.

[protempus]

I agree, I have just paid the balance by card. I will take it up further with their complaints department. Thank you for all your advice