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    • Thanks,    I've read the info from the link, nothing I wasn't aware of really. I wouldn't talk to a DCA anyway or anybody else over the phone for just about anything, hence the reason I refused to give them my details when they rang up. The only "conversation" I had was when they rang me and asked me to confirm my details, which I refused to do because it could have been anybody on the phone and as I said, I'd never heard of them anyway at that point. I asked them to contact me in writing, if they wished to pursue the matter, with "a copy of the Agreement" and the reply was that "there isn't one". At that point I said "we have nothing more to discuss then" and ended the call.    I'm still not happy about posting the entire details online but I'll take a look at some of the other threads to see if there's anything relative. 
    • Looks like my mistake. The new machine requires the full reg to be entered now, whereas before, only the first two numbers were required. I entered the first two numbers.
    • Reciveed a summary warrant, phoned up the council who said it was not longer anything to do with them and I'd have to speak to walker love the firm who deal with their summary warrants. I said I wouldn't have anything to do with them becasue it looks like a dodgy dca and I  I don't trust them, the debt is with the council not walker love. Anyway turns out they have no record of an arrangement to pay last years outstanding amount so whatever's gone wrong they have cancelled this years installments, even though regular payments have been made, they then took a summary warrant for last years and this years outstanding amount. I've cleared last years outstanding amount to the council and have a payment reference number, and the council say they'll make contact regarding a single person's discount  which was missed and then calculate the payments for the rest of this year. They say they sent out three letters threatening the summary warrant which were not received. Now to my question, my argument that the debt was with the council and not walker love, and as I've paid and agreed to pay what and the council say they'll contact walker love and stop the action, is this correct or will walker love still pursue? 
    • I'm trying to get my head around this. In effect, over the years you have been paying your own bill for yourself and also the bill for your neighbours usage as well – as metered. At the same time your neighbours have been paying their own water bills based on an SS charge. This means that Yorkshire water have been receiving double for your neighbours water. Now they are proposing to return to you the portion which which they now say represents the amount of water used by a neighbour. I think it would be interesting to talk to your neighbours and see if you can get copies of their bills over the years. Our Yorkshire water proposing to return to you the same amount of money that they charge your neighbours? Even if your neighbours don't have all of their bills to hand, maybe they've got one or two bills available and if it looks as if there is a discrepancy then maybe your neighbours would be kind enough to send the water company and SAR as well. I don't know if I have suggested that you read our customer services guide – but if I haven't then you should do so and implement the advice there in case you have any telephone dealings with the auto company. You haven't said whether you want to have a metered supply or to have an SS charge. Please let us know because it makes a big difference to the final solution you will be looking for. If you want to metered supply then I think you are absolutely entitled to insist on it and you are entitled to insist that Yorkshire water and if this is in your garden, they should then pay for any repairs.
    • Not sure if this is the correct forum, so I apologise in advance.   So, the situation I am currently in.. is that a family member opened a Littlewoods account in my name, at the address I used to live at (Family home). The account was opened in November 2018, goods were obtained and then payments were missed. I usually check my credit report and score every month, but (somewhat foolishly) I didn't bother checking for a few months as my score remained the same. I didn't notice this account on my report until several months after it was opened. I obtained statutory credit reports and went through everything. I then filed this issue with Action Fraud.   I contacted Littlewoods and explained the situation to the fraud team, re-iterating the fact that an account was opened at an address I had not lived at for almost two and a half years at the point that this account was opened, not to mention the account is under a 'Mrs', when I am male. They proceeded to tell me that it was a civil matter and not one for them to deal with. I told them that the amount owed wasn't the issue, but rather the adverse effect it was having on my credit score as I was considering applying for a mortgage soon. They simply doubled down on their 'civil matter' point and hung up on me.    I got in touch with Experian, who added a notice of correction to the entry on my report and provided a template for me to send off to Shop Direct. I sent this letter off and received zero response. The family member had started to make payments after I threatened reporting this to the relevant people, but the account, and the several months of missed payments, still remain as a black mark on my credit file. I will add that I got a CIFAS marker placed on my account to try and prevent this sort of thing from happening again in the future.   I have also filed this issue with the Financial Ombudsman. I guess I am posting this because I am not quite sure where to go next or what my next actions should be to get this removed from my credit report. It is incredibly disappointing that a family member would do this to me, but it is also extremely annoying that Littlewoods themselves have been very unhelpful in trying to rectify this issue that has occurred at such a point in my life when I am considering applying for a mortgage. Any help or advice would be greatly appreciated.   Thank you.
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Posted (edited)

Hi all, first time poster so please bear with me and i will do my best to make sense.

 

I moved in to my current property in October,

in December I received two letters regrding non payment of council tax for my previous property informing me that a liability order had been made against me in June 2016 and June 2017 and that all there efforts including council enforcement officers had filed and they was looking at getting an attatchment of earnings.

I ignored the letters as i was happy for them to have an attatchment of earnings.

 

After speking with my work I discovered that an atttchment of earnings for both the letters had been obtained (and sure enough money was deducted from January so all well and good I thought)

 

However when I returned home yesterday there was a "control of goods" letter through my door (the letter is dated a week agao)

- hand delivered (plese see attatchment)

 

I called the council and this is wht i have discovered

- I have 5 liability orders against me!

 

2014 (attatchment of earnings)

2015 (attachment of earnings)

2016 (set monthly plan up)

2017 (set monthly plan up)

2018 (Newlyns) liability order June 18

 

I am told for the Newlyns I have to deal with them directly.

After doing some reading I believe I should of received some form of correspndance from Newlyns before a control of goods letter ie notice of enforcement etc

 

obviously with the letter through my door it has more than doubled the amount of the originl debt.

 

I know not to let them in and they cant take anything etc

(Only have my partners car on the driveway which is registered and owned by her fathers business)

 

I am hoping for some advice on what to do now regarding the Newlys letter

 

Sorry it was long winded,

I was trying to give as much detail as I could

 

the debt is for a property I lived at on my own and I have only lived with my partner since November 2018 in a new property

- not sure if that is relevent but thought i best add it

IMG_20190109_123907.jpg

Edited by dx100uk
merge

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as you've so many it might be a mute point but..

are the council aware of your correct address?


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yes, as the council letters in December are ddressd to my current ddress

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Is the address you live at now the same as the address Newlyn have for your unpaid Council Tax?


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Newlyn posted the letter to my current address

 

the letter has my current address on it in the top left and the "property detials" for the debt are my previous address (which is where the debt is for)

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In that case the Notice of Enforcement has gone to your old address and they have traced you to your current one/


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would i be right in thinking that due to them tracing me to my new address tht that proves they havent given me notice of enforcement, as in, if they found out i hve new ddress then they cnt argue they unknowingly sent it to a previous address and tht notice of enforcement is still valid?

re they not in breach of the following?

 

 

Paragraph 7(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states;

 

(1)An enforcement agent may not take control of goods unless the debtor has been given notice.

 

 

 

Regulation 6(1) of the Taking Control of Goods Regulations 2013 states;

 

 

 

Minimum period of notice

 

6.—(1) Subject to paragraph (3), notice of enforcement must be given to the debtor not less than 7 clear days before the enforcement agent takes control of the debtor’s goods

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sorry my A button is somewhat tempramental as you can see

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traced you afterwards when they got no response


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should they not have sent a notice of enforcemnt or some other form of correspondance to my new address (which they clearly have) before just turning up with a control of goods letter?

 

whats my options regrding this

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If they didn't know your new address than they are OK sending correspondence and bailiffs to your last known address.


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Eveidently they know my new address as they posted a control of goods letter through the door yesterday (dated 3/1/19)

So surely tracing me to my new residance means they have that address to send correspondence to given a lack of reply frok correspondence that may have sent to previous address.

Seems to me they've just rocked up and posted a control of goods letter through the door and that's all I have and the letter itself looks like a template I could knock up.

 

So I have no options as they've followed the correct procedures even though this is first contact I've had from them?

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the notice of enforcement is sent to the last known address that the council had for you.

that gives you 7 days to do 'something' else its £75 fee is added to the debt.

 

then without a response they will trace you and pers serve the above that costs £235 = total fees they can add is £310


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The above info is incorrect.

 

The council are only obliged to send correspondance to your last known address.

 

However, the bailiff must send correspondance to your present address. Until they have served a NOE to your present address and given you seven clear days, they cannot move onto the enforcement stage.

 

Can you confirm whether a NOE letter with a £75 charge has ever been sent to your present address?

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The only correspondence I have had from Newyn is the control of goods letter through the door yesterday nothing else (except a text tonight saying "You IGNORED our Removal Notice the REMOVAL UNIT is operating in **** ***. Call NEWLYN NOW on 01604633001 to arrange. Ref: *******")

 

I had two letters in December to my present address from the council so they obviously have this address as my last known address.

 

The charges must total £353.43 as that is the difference between what the council told me the debt amount is and the total on the newlyn letter

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In that case the bailiff cannot charge the £235 enforcement fee. My suggestion is to get on to the council tomorrow, explain that the bailiff has added the enforcement stage fee without giving you a notice of enforcement. You suspect that they sent it to your previous address but legislation is clear in that it must be sent to your usual address. The legislation is the Taking Control of Goods Regulation 2013 part 8(1):

 

8.—(1) Notice of enforcement must be given—

 

(a) by post addressed to the debtor at the place, or one of the places, where the debtor usually lives or carries on a trade or business;

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Thanks, i will compose some dort of letter for the council.

I am however concerned this baliff will rock up when I am at work and my partne/kids are home.

 

Can i mke the baliffs bck off given the situation with the letters or lack of letters etc

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Hide any car, keep all doors locked and tell your wife not to let the bailiff in he might claim he as a right to force entry, not so for Council Tax.


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i will also compose a letter for newlyn pointing out the lack of NOE meaning the control of goods letter is invalid/unenforceable (isn't it?)

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From elsewhere:

Different enforcement address

 

If after an initial attendance, the debtor is found to have moved to a different address, enforcement can take place at that address, provided a new notice of enforcement (NoE) is sent to the debtor there.

 

If the creditor has reason to believe that the debtor may have moved, it may be worthwhile undertaking a trace before starting enforcement action, so that the NoE is sent to the correct address first time round.

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well bottom line is no NOE has ever been received at my current address and thats the basis of my letter bsically

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barking up the wrong tree...

 

as I said..

 

With council tax enforcement, a local authority are required to use the 'last known' address.

Did you notify the local authority of your forwarding address when you moved in october?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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the local authority which i assume is the council wrote to me at my current address at the beginnin of December.

Newlyns posted by hand a letter 8th January (dated 2nd january)

 

As i registred on the electrol role and registered the council tx for this property in October I assume that counts as informinmg them of my forwarding address.

 

I don't understand why they can claim its ok to post the NOE (IF THEY DID) to my previous address when it is clear they both have my bew address as they have both used it to deliver correspondance

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good you have proof. [assuming current and then councils are the same?]

now use it to your advantage.

poss even a complaint straight to the council ceo if your council ctax dept is run by capita .


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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forgive my naivity but a complaint about what exactly?

tbh i thought i would need to contct newlyn as a priority given tht they have said they will return and i dont wnt the kids scaring etc

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