Can Baillif company add all the fees before they visit newlyns & 2012 CTAX LO

[brassnecked]

i will try to scan it up for you

 

Leakie

That would be useful for us all.

[caledfwlch]

WHat is the legality of the "4th party" Ace1 passing private information such as phone numbers to Newlyns?

 

And under what part of the DPA etc allows these tracing companies to accept private personal information and trace? What is stopping these tracing companies from selling the data they receive on behalf of the likes of Newlyn to other companies?

[JoeyJoeC]

Just a thought. Could you send a SAR to them?

[brassnecked]

Just a thought. Could you send a SAR to them?

Don't think so, but it is possible that ACE is Newlyn.

[ericsbrother]

Shamil Zakki also has an address in Northampton as company secretary of Ace1 Marketing ltd, other director Kaye Bywright.

I cannot see any possibility of either of these companies obtaining any info about you legally as the data is clearly not being used for the purpose it was collected.

Neither company is registered as data controllers with the ICO, nor are either Zakki or Bywright so start complaining.

Also the address details given to CH are false if office addresses but they never do anything about it

[brassnecked]

Shamil Zakki also has an address in Northampton as company secretary of Ace1 Marketing ltd, other director Kaye Bywright.

I cannot see any possibility of either of these companies obtaining any info about you legally as the data is clearly not being used for the purpose it was collected.

Neither company is registered as data controllers with the ICO, nor are either Zakki or Bywright so start complaining.

Also the address details given to CH are false if office addresses but they never do anything about it

Yes very naughty. but evidence needs to be gathered.

[caledfwlch]

Don't think so, but it is possible that ACE is Newlyn.

 

As far as I know, you are entitled to SAR any Company or Organisation that holds or has held your data, so Ace1 would break the law and risk fines if they refused to comply with a SAR, any and every organisation is liable to the Data Protection Legislation and must disclose Data, no matter if gathering that data will cost more than £10, only the NHS and GP Surgery's have a fee exemption that allows them to charge £50.

 

Ace1 would of course be very, very silly if they tried to wing it and for whatever reason denied they have the details of the OP since he has a card from them!

 

It occurs to me that Tracing Agencies have no special dispensations, and are not particularly covered by legislation to exist, they just supposedly have to comply with DP rules. So one could send a Cease & Desist letter to any tracing agency you can find that would prohibit them from trying to trace you.

 

An Enforcement Agency sadly of course has the right to our data under "fair use" the same reason DCA's are allowed to, but I wonder if Fair Use can actually allow an organisation itself having had fair use passed to it by a creditor to pass it on to a 4th party.

[lookinforinfo]

I am not sure how much help an SAR would be in the case of Ace. All they would have is the persons name and address. There would be no correspondence between them and no further

information about them. I doubt that they would divulge who provided them with the name and address and why since that would come under Data protection to protect in this case presumably, Newlyns. It would appear a waste of £10 unless some one can suggest what more could be elicited from Ace.

[caledfwlch]

No, they would have your name, address, any previous addresses, date of birth and any other information to hand! You cannot easily trace someone if all you have is "John Smith" and an old address.

 

And it is logical that they would have to show where they received any information from, Credit Reference Agencies have to show where the data on you came from, the names of debt collectors, creditors etc.

 

What if you suspected the Company of getting your info using unlawful means, or is selling your data to marketing companies without your permission? Only way to prove it is to demand the origination of the data.

 

Equally, if a Company insists it has permission from you to sell your data to marketing companies, it is logical that they should provide a copy of your signed or ticked consent on a form signed by you, digitally or in pen, should you demand it.

[lanesra2005]

Yes they have done something wrong. They are misleading people. They are not allowed to do what they did. Its written in the guidance on debt collection. The FCA takes a very dim view on it.

 

Just had one of these offending items! It was letterboxed and I was on my way out saw a male running to jump on his scooter and gone , had no parcel etc so I do not intend calling them!!

[Leakie]

Hi Lanasra2005

 

If you do not mind me asking are Newlyns chasing you?

 

I had forgotten about this tread, I have had no more letters from them since,

Although I have had correspondence from them, all in different types of envelopes for some reason.

I think they are trying this as I have not contacted them .

[lanesra2005]

Leakie

Yes sir I have had various letters in differing guises. I can categorically state, because I was home ill for 6 months etc., that they NEVER ever knocked at the door, I live in a studio and everything is close to the door, bed seatee etc. my neighbour saw one of the visits and described what looked like a kid running back to a car and driving off with the occupant. I can only assume this is to legally charge the visit fee? Anyway yes I have this card and reading these posts I am not going to call it but wonder what can be done? If they are using clandestine operations to get a response does that not breach rules?

[Leakie]

I just want to get clarification

 

I have read through the stickies provide by BA

 

And if I am correct the NoE must have certain information on them.

 

Date of NoE

The amount owed,

The added fee/s

Date where an agreement for payment /payment plan must be agreed by.

 

I would also think the address where the Lo was gain from.

 

if any of this info is missing is it still compliant?

and does a correct NoE have to be sent?

 

I am not trying to find loopholes. just want to be clear.

 

Leakie

[colin11]

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/bailiff-has-issued-you-with-a-notice/bailiffs-notices/notice-of-enforcement-bailiffs/

[Leakie]

Thanks Colin 11

 

Just looked at one that states that a LO was taken out

"A Liability Order has been granted against you on the (date) for non payment of Council Tax and costs at Various properties"

could not see the date of required action but found it on the back of the NoE.

 

leakie

[Bailiff Advice]

I just want to get clarification

 

I have read through the stickies provide by BA

 

And if I am correct the NoE must have certain information on them.

 

Date of NoE

The amount owed,

The added fee/s

Date where an agreement for payment /payment plan must be agreed by.

 

I would also think the address where the Lo was gain from.if any of this info is missing is it still compliant? and does a correct NoE have to be sent?

 

I am not trying to find loopholes. just want to be clear.

 

Leakie

 

 

Excellent question Leakie and hopefully the following from the statutory regulations (The Taking Control of Goods Regulations 2013) will assist:

 

 

 

Form and contents of notice

 

7. Notice of enforcement must be given in writing, and must contain the following information

 

 

(a)the name and address of the debtor;

 

(b)the reference number or numbers;

 

©the date of notice;

 

(d)details of the court judgment or order or enforcement power by virtue of which the debt is enforceable against the debtor;

 

(e)the following information about the debt—

 

(i)sufficient details of the debt to enable the debtor to identify the debt correctly;

 

(ii)the amount of the debt including any interest due as at the date of the notice;

 

(iii)the amount of any enforcement costs incurred up to the date of notice; and

 

(iv)the possible additional costs of enforcement if the sum outstanding should remain unpaid as at the date mentioned in paragraph (h);

 

(f)how and between which hours and on which days payment of the sum outstanding may be made;

 

(g)a contact telephone number and address at which, and the days on which and the hours between which, the enforcement agent or the enforcement agent’s office may be contacted; and

 

(h)the date and time by which the sum outstanding must be paid to prevent goods of the debtor being taken control of and sold and the debtor incurring additional costs.

 

 

http://www.legislation.gov.uk/uksi/2013/1894/regulation/7/made?view=plain

[Leakie]

Ok Update

 

Newlyns have handed back to the council,

It has now been re assigned to Rossendales.

 

received the NoE's yesterday, all seem to be correct apart from one but I think it is a miner detail.

 

I will contact them soon to try and sort out an agreement,

I know this will not be accepted as will not be paid off quick enough.

or just too much wanted in weekly payments and will fail.

 

So we will be back to square one where I will have to wait it out again.

 

I have nearly finished one agreement with the council, finishes in September.

so hope they will bring one of the LO's back

 

The council are fully aware of my position, they have had enough financial info to know it is pointless sending it out to a new company.

 

My only worry is the old car 52 plate Peugeot 307 need it for getting to work, if that is taken then no payment can be paid as loss of work.

Also my parents own it and I use it tax and insure, purchased in January from a dealer.

 

Leakie

[AndyOrch]

Thread moved to Bailiff Forum

 

Andy

[lookinforinfo]

Quite wise of Newlyn's to hand it back as they may have realised that they have been rumbled. So all their fees have gone and you are back to £1483 + £75 . So it is in the interest of the Council

[ as well as the EA]to get an agreement with you however long it may take.

It would be helpful for you to speak to the Council to get an agreement with them [they know your financial position] thus removing the need for a visit by the EA. You are already stuck with the

£75 but if you speak to the right person in the Council [or your local Councillor] you might cobble a deal together that would satisfy the Council and you. And the bailiffs get £75 for sending you a letter but that is all they get. [Obviously the Council will have to inform the EA that they have come to an arrangement with you within the 7 day period.

 

PS I still think you should complain to the Council about Newlyn's attempts to overcharge. And I would push it all the way to the Ombudsman

if the Council stonewall. Though you could change your mind [about the Ombudsman ] if the Council were amenable to your repayment offer..............

[Peterbard]

Quite wise of Newlyn's to hand it back as they may have realised that they have been rumbled. So all their fees have gone and you are back to £1483 + £75 . So it is in the interest of the Council

[ as well as the EA]to get an agreement with you however long it may take.

It would be helpful for you to speak to the Council to get an agreement with them [they know your financial position] thus removing the need for a visit by the EA. You are already stuck with the

£75 but if you speak to the right person in the Council [or your local Councillor] you might cobble a deal together that would satisfy the Council and you. And the bailiffs get £75 for sending you a letter but that is all they get. [Obviously the Council will have to inform the EA that they have come to an arrangement with you within the 7 day period.

 

PS I still think you should complain to the Council about Newlyn's attempts to overcharge. And I would push it all the way to the Ombudsman

if the Council stonewall. Though you could change your mind [about the Ombudsman ] if the Council were amenable to your repayment offer..............

 

It wont I am afraid the EA are constrained to use the procedure and so are the council, unless they withdraw the order all together. If you are serious abut making an offer at compliance you should get as much money as possible available and be ready to pay it over the phone

[lookinforinfo]

I am sorry Dodgeball but if that is the situation then the law is an ass.

Are you saying that Leakie cannot make a repayment plan with the Council or that the Council, once they have agreed a plan with Leakie cannot inform the bailiff that in the light of their financial knowledge of Leakie that they wish to alter the usual parameters [eg repayment terms in months and amount] in order to establish a repayment plan. The council know that he is a can't pay not a won't pay since he is already paying off another L/O.

Leakie can then ring the EA and agree to the repayment plan. It's a more convoluted way of doing things but remains within the spirit of the law.

[Leakie]

Hi BA

I would have done that in the first place, if I had the funds available,

I am at the bottom of the pile financially any spare income is being used, at the moment, on another repayment plan.

 

there will only be £25 spare from September.

As I have already stated the Council Recovery department are aware, of my position.

 

The Extra 3 X £75 will mean the council will not receive any contribution to what is owed for 2 1/2 months.

 

I will probably end up doing a DRO, then they will all lose out,

but I would rather pay the council direct.

 

With regards to Newlyns,

I will point out there failures to obtain extra that they were not entitled too. Also Ace couriers part as well

these were not a priority.

But I have a feeling it will not get any where.

 

leakie

[Leakie]

Thanks Andy for moving the thread

 

sorry if it was not the correct way to ask.

 

Leakie

[Leakie]

Totally agree with you Lookinforinfo.

 

The thing is in reality it is not about the money, it is control,

 

if it were about the money then EA companies would be allowed to accept longer repayment plans.

the money paid back, eventually, which is the result everyone wants.

Also the councils would not always need to send it to an EA company in such haste.

 

So the options are to make it clear I am willing to pay , If the EA company want to play ball as such then fine same for the council.

 

The one I have nearly finished paying, I did not realise was owed, at first.

I spoke to the council before they went for the LO,

They refused to discuss a repayment plan before they got the LO as I was self employed.

So added another £95 tho the debt

 

The council just will not listen.

 

at the rate I can repay it will take 8yrs without the fees

But things can change.

 

at the end of the day they can not have what I have not got,

But feeding the kids heating and a roof over our heads come first.

 

leakie

[brassnecked]

The Council should not b even have used bailiffs knowing Leakie's circumstances, and all Screwlyn want is money, they would take the rent money and children's food money without a second thought.