Newlyn PLC threatening CCJ and doorstep baliffs If I don't pay their fees

[lovelacelucy]

Hello all,

 

Long time lurker, first time poster so please bear with.

 

I had an outstanding council tax balance of £250 from an old property, which I paid off last month directly to the council. The council have also confirmed on email that this  has been received, the account is up to date and that they've informed Newlyn of this.

 

I've contacted Newlyn as they keep sending me threatening texts and letters to say that they'll remove goods etc if I don't pay their fees of £360(ish). 

 

I spoke to someone today, who hung up on me twice, didn't really listen and kept saying if you don't pay by 5pm we'll do a CCJ and send someone to your house.

 

After calling back for the 3rd time, I spoke to a man who said that I must pay today, but then ended up agreeing to give me until 5pm on Monday.

 

With both of the call centre agents, I requested that they send me this in writing, preferably email - apparently this is something they can't do?!

 

Technically the debt has been paid so I don't see why I should pay their fees as they didn't facilitate anything.

 

I wondered if anyone can provide me with any advise on how to deal with them?

 

Thanks

 

[dx100uk]

did you get a notice of enforcement from newlyns before you paid the council directly?

once the liability order is granted and passed to the bailiff for enforcement the £75 fee is added.

 

if they then have to attend your premises, another £235 is added , making a total of £310 they can charge.

 

dx 

 

[lovelacelucy]

Thanks for responding.

Yes once I received that I paid off the council.

 

As far as I know they haven’t attending my property yet, so would I need to pay the entire fee?

 

So essentially I’m going to have to pay them £310 for sending me the letter? 

[dx100uk]

If you got a NOE then you owe £75.

 

If they did not latterly physically attend you do not owe the £235 and you need to make them prove by say GPS data they did 

 

What sent date is on the NOE and what date did you pay the council directly?

[dx100uk]

the NOE was delivered by royal mail

 

have you any further letters that came after that one not from royal mail and what are their dates 

 

 

[brassnecked]

You will owe the £75 once Liability order passed to newlyn, but as DX indicates its important to see whether they actually attended or just sent another letter by Royal mail adding the extra £235 visit fee.

[Bailiff Advice]

You have confirmed that you received the initial Notice of Enforcement and that following receipt, you chose not to take the steps outlined in that notice (to pay the enforcement company using the bank details as outlined). Instead, you chose to ignore the notice and pay the council instead. Once a Notice of Enforcement is issued (which you confirm receipt of), the bailiff fees FORM PART OF THE DEBT. 

 

BY paying the council direct, you have merely made a part payment. It is irrelevant what the council are saying to you.

 

From any payment made (even if made to the council), the Compliance Fee of £75 must first be deducted. 

 

Only a few years ago, there was a major legal case involving this very subject which I had posted about on the forum. The decision involved Newlyn's and the outcome of the hearing was very clear......paying the court direct will NOT mean that bailiff fees can be avoided. In that particular case, the debtor lost many thousands of pounds in taking the matter to court. 

 

If as you say, you paid the council direct on receipt of the letter, then as long as you also paid the £75 Compliance Fee, no further action would have been taken. By trying to avoid paying £75, a visit appears to have been made increasing the amount due by way of an Enforcement Fee of £235.

 

On the Notice of Enforcement, there will be a date of issue and a separate date by when payment must be made. Can you respond to the following:

 

What date was the Notice of Enforcement issued?

What was the 'cut off' date and time by when payment must be made?

What was the exact date that you paid the council direct?