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    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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Brent council - Newlyn collection


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Please help,

 

direct debit of my council tax was missed and I called straight away. They recalculated my direct debit and changed the amount.

 

However as the missing payment was not sorted on the system as unpaid or paid or missing THAT payment was not part of the new direct debit agreement.

 

Now I am being asked to pay that through "DO NOT IGNORE" payment reminder.

 

I pay my direct debit as usual plus £214.99 by the 28/08/2019. I do not have that.

 

I was advised to wait until the 28/08/2019 and get a summons.

When I get the summons to call back to setup a new payment plan or payment plan for the summons plus £214.99.

 

the question is - what is the right course of action.

Shall I wait for summons, can I call them and say something else?

 

Ali

 

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summons will get you more money added on [ the cost of the summons]

phone and pointout THEIR mistake.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Of course the customer service agent can't (or can't be bothered) to do anything.  Run it past your local councillor,  find the details on Google, send a quick email and it sounds like the sort of thing they can sort for you before tea time.

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 OTHERS

 

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Dear Ali

Thank you for your email duly received. 

I do apologise for the inconvenience this has caused you. 

I have changed your direct debit plan to a 12 month plan and your 
instalment plan will run as follows:

12 August 19 - £240.59
12 Sep - 12 Mar 2020 - £242.00 per month

A revised bill will be issued to confirm this.

Please ensure relevant funds are available upon collection.

Should you have any further queries please do not hesitate to contact 
us.
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so sorted then?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 3 years later...

Help please,

I got a letter week ago for summons on 9th for unpaid council tax.

i have not being paying as i have not been working or claiming UC.

i sent them 2 emails. each time they sent me a letter.

the lady whom i am in touch with now says shes never had an email form me.

i am pleading with her to give me until 30th of march or setup a direct debit so i can pay some arrears off and soon as i am back in work i will pay off the debt.

this morning she said to stop any enforcement action i must pay full amount of arrears.

Spoke to them.

now i got until 28th to pay it all off or they will bypass the court and go straight  to bailiffs.

please help

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Hi,

I'm not an expert, but there's a hint of panic in your posts, so I'll just rtry to reassure you until someone more knowledgable answers.

 

Bailiffs can only ever become involved if a court instructs them, so the council can't "bypass the court".

 

I'm sure an expert will be along to advise further. (they're all volunteers, so fit this stuff in around their regular lives.

 

Good luck.

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 OTHERS

 

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Bailiffs on ctax liability orders? can't really do anything.

There is not right of forced entry.

The worst that happens is they send a notice of enforcement @£75 giving 7 days to pay, then turn up and add a further £235 . 

their total fees are £310. No matter how many times they turn up or write

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

notice of enforcement

date is 18th april

pay or arrangement date is 5th of may.

what i need is end of may or beginning of june to find funds or set up arrangement. that is all i need.

now that my repossession date is cancelled do i inform them of this? how can i buy more time.

do i inform them the property is up for sale?

i will know by end of may if i can pay them or not.

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get breathing space done.

problem gone.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Brent council have zero interest in putting you into poverty and allowing you to lose your home, I hope you realise that, despite the fact that the council contact centre, finance department and Bailiffs will tell you otherwise.

 

That is the reason why you need to speak to / communicate with the right people, who in your situation is your local elected councillor. Fortunately their details are on Google, email and mobile number. Give them an email and a call, explain your situation and what you can afford to pay per month, and all of this could be resolved by tea time.  

  • Like 1

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 OTHERS

 

 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

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  • 1 month later...

After the last help i got. i had a payment plan in place for £100.

they were supposed to call me or text me day before another £100 to setup a re-ocurrying payment on my card.

by mistake i threw away their contact details.

i was waiting and no text message from them.

this morning mr foster from newlyn bailiffs  came and said i have to pay the full amount as i have defaulted on the payment.

i told him all i can afford is the £100.

he kept insisting and then told me, to call him and gave me his number on a letter.

All i can afford is the £100.

i showed him my phone and there is no text message from them.

please help asap.

As hes saying they going to come back and take items from the house.

 

 

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There's no right of entry for Council Tax debts so the Bailiff is not allowed to enter your home without permission from you.

 

So we need to know more details about the debts and how Newlyn are acting, as baliffs or DCA?

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enforcement agent had a cam, vest and very aggressive. the letter he gave me has a 24 hour removal notice on it.

the letter itself talk about "full payment now required" and your goods maybe removed if you do not make payment.

"i have attended today with the intention of "taking control of your goods" etc.

i spoke to step change asap.

now i got breathing space,

i called him. he goes i know all about that, you need to pay.

i dont know what to do now.

breathing space begins tomorrow

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Follow the Breathing Space process and write to the Council owed the tax to confirm that you have signed up to Breathing Space.  Newlyn and Council will want something in writing from the people that arranged Breathing Space, so hopefully you will have this available to send soon.

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 OTHERS

 

 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

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  • dx100uk changed the title to Brent Council - CTAX Summons - now bailiffs

old and new threads merged.

just remember the advice given earlier regarding the bailiff.

  

On 06/03/2023 at 11:40, dx100uk said:

Bailiffs on ctax liability orders? can't really do anything.

There is not right of forced entry.

The worst that happens is they send a notice of enforcement @£75 giving 7 days to pay, then turn up and add a further £235 . 

their total fees are £310. No matter how many times they turn up or write

dx

 

stuff his removal notice!!! nothing he can do ignore

have you a car?

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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then stuff all they can do.

simply ignore the bailiffs they'll hand the debt back to the council.....eventually.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Did you contact your local councillor as I advised?

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 OTHERS

 

 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

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  • 2 months later...

hi guys.

my previous issue with newlyn is on a monthly payment plan.

this is what they sent me for this years council tax. i have not got any communication form anyone regaeding this. so all of this is out of the blue.

i tried to call the number and apprently it is closed until monday.

please SEE attachment, is this a court order, aka force entry and take my items or is it one of the fake, aggressive letters they send and give.

it was posted. no knock on the door.

when you get something like this it is always scary. good news is i will be in a job asap hopefully in few weeks so i can forget the 15 months of hell.

 

thanks

20230902_134649.pdf

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there is no right of forced entry on ctax debts

its the same as you got before simply a removal notice of anything outside like a car in your name or your doorstep.

threads merged for history

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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