Jump to content


  • Tweets

  • Posts

    • I agree the sign is ambiguous, and I think you will probably win this, if you fight it all the way. (That's 'probably'!)   The sign must state the hours of no parking, and must be clear. So, the yellow sign says "No stopping 10 - 5am". Logically, that can't be 10am - 5am. So it must be 10pm - 5am. And then logically, it follows on, that you can stop to load after 5am, until 10am. If it means something other than that, it isn't clear.   I don't read any restriction after 10am - which is itself odd, but you have 14 days to decide what to do, so I would start by contacting the Council and asking for a copy of the Parking Order for that location. This will tell you what the true restriction is, and I would not be surprised if it's 10am - 5pm - in which case, the sign is completely faulty and you should win.   In any case, you can make formal representations once the Notice to Owner is issued, and this can be followed by adjudication.   Incidentally, what was the contravention and contravention code printed on the PCN?    
    • Thanks BankFodder The vehicle loses power and starts juddering while being driven. It was diagnosed as the EGR valve. This was repaired. The fault has re-occurred. (Is this enough info?)   I will include offer for him to inspect. Thanks for the heads up. I have use of another vehicle. This one has been off the road since 19/07/2019 and I've no intention of using it.
    • They have sent all the paperwork ie ntk up to lbc with an incorrect spelling of my name. Looks like the person I bought the car off spelled incorrectly hence dvla have an incorrect spelling but I never clicked on beforehand. Firstly I will need to find the log book and contact dvla of the correct spelling. What does this mean for me as far as VCS are concerned? Should I still send the snotty letter? 
    • I would certainly not advise you to use the vehicle on a day-to-day basis. The situation would become extremely complicated in the event of an accident or a vehicle theft or something. These risks are even present if you are merely using the vehicle to take to a repairer and so it would not be advisable there either. In the circumstances it might be better to rely simply on the findings that have been made so far by garages and to leave it there. That seems to me to be a reasonable approach. You could invite elite to inspect the vehicle and in fact you should make that very clear in your letter so that you can demonstrate that you have attempted to be open and cooperative in any way. I think it would be helpful if you posted a bullet point chronology of the defects which have now been identified. By the way, is now scheduled to be posted within the next two or three hours and it will include the tweet handle of Elite so that they will now see that this is being discussed on an open forum.
    • Hello BankFodder. Firstly thanks for your help with this. I do appreciate your candid response. Sorry my post was so long-winded. I am working on a 1050 character precis for the claim form! I only uploaded 2 pdfs in the end. One being the email of rejection. I will use this to send a letter and include 'after which I will sue without further notice' text.   Can I keep using the vehicle after issuing the rejection? I don't want drive it to but would need to limp it to a garage to get assessments and quotes. I would have to borrow the money to get it trailered.   I am 100% seeing this through. I cannot lose this much money. I want to get all the paperwork ready immediately so it can be issued on day 15. I will post the particulars of claim here for checking. Thanks again.
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 189 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Share this post


Link to post
Share on other sites

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

are the council aware of your correct address?


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

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)

Share this post


Link to post
Share on other sites

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


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

sorry my A button is somewhat tempramental as you can see

Share this post


Link to post
Share on other sites

traced you afterwards when they got no response


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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;

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites

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?)

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...