Newlyns bailiffs

[Donnelly]

Hi

I had an outstanding PCN which I paid direct to the council but after newlyns got involved. I have since had a letter with LBBD still as the client for £310. I have conformation that I have paided the PCN so how can newlyns still have a client?
i have asked for a breakdown of fees because the date they are saying they visited my wife was on maternity leave.
i now am getting text messages and arseholes phoning demanding the money

any advice?

[bizzybob]

Re: Newlyns bailiffs

Hi

I had an outstanding PCN which I paid direct to the council but after newlyns got involved. I have since had a letter with LBBD still as the client for £310. I have conformation that I have paided the PCN so how can newlyns still have a client?
i have asked for a breakdown of fees because the date they are saying they visited my wife was on maternity leave.
i now am getting text messages and arseholes phoning demanding the money

any advice?

Hi Donnelly did you allow for Newlyns fees and paid them also, what letters did they send?

[josephbloggs]

Re: Newlyns bailiffs

Will be £75 compliance initial letter stage, then £235 for the visit. £75 + £235 = £310.

[Donnelly]

Re: Newlyns bailiffs

Ain't paid a penny to newlyns, iv had four letters, the last one was a request for payment of £310 which is made up of £235 for visiting, which they never, and £75 for them getting involved.
The way I see it is they have done nothing to reclaim the debt as the council accepted £202 when offered.
The last contact I had was a text message yesterday saying an enforcement agent will be round today,
might be a stupid way of looking at but, the council accepted payment therefore breaking their contract with the bailiffs, I never employed the bailiffs so why should I pay fees that are being made up anyways

dont have the letters around me at the minute, sorry

[bizzybob]

Re: Newlyns bailiffs

Ain't paid a penny to newlyns, iv had four letters, the last one was a request for payment of £310 which is made up of £235 for visiting, which they never, and £75 for them getting involved.
The way I see it is they have done nothing to reclaim the debt as the council accepted £202 when offered.
The last contact I had was a text message yesterday saying an enforcement agent will be round today,
might be a stupid way of looking at but, the council accepted payment therefore breaking their contract with the bailiffs, I never employed the bailiffs so why should I pay fees that are being made up anyways

dont have the letters around me at the minute, sorry

problem is you will owe them the £305 in fees, as the new rules definitely mean they MUST be paid, the idea is that you engage at the £75 stage to arrange a plan and avoid them coming out to add the £235

[Donnelly]

Re: Newlyns bailiffs

But the thing is they have never come to my house, like I said before my wife is on maternity leave and the day the supposed visit took place my wife was in, so I have to pay a charge for phantom bailiff visits??????
What are there powers as I stand now then?
bearing in mind they have lied about the client being LBBD as they are not

[Donnelly]

Re: Newlyns bailiffs

Hi

iv had newlyns on the phone this morning saying i have to pay and enforcement agents are attending, iv asked for proof of their previous visit and was told they don't have to prove anything as they have said they have visited and it's down to me to prove otherwise,
Don't they have to prove a job has been carried out?

[bluebottle]

Re: Newlyns bailiffs

Hi

iv had newlyns on the phone this morning saying i have to pay and enforcement agents are attending, iv asked for proof of their previous visit and was told they don't have to prove anything as they have said they have visited and it's down to me to prove otherwise, Don't they have to prove a job has been carried out?

Actually, they do have to prove they have made a physical visit and they know they do. Newlyns are a particularly bullying and bullish lot who feel they can do and say what they like without recourse. If it's any indication of the ethos at work within the company, one of their directors was branded a liar by a judge after telling porkies at a hearing into the conduct of one of their EAs.

I am tempted to say pay the £75 to the Council and make payment of the £235 conditional to Newlyns producing evidence of their visit. However, I wondering whether a solicitor's letter to both the Council and Newlyns might make them focus and produce evidence of their alleged visit. It might be what is needed.

[Donnelly]

Re: Newlyns bailiffs

Thanks bluebottle

i insisted that they have to prove they showed and was told they don't need to prove anything unless it goes to court, until then the enforcement agents will be attending for removal of your goods.
I said to her If that's happening I need to see proof of the charges and again was told it's not up to us to prove anything it's down to you to prove otherwise.
which as iv said earlier my wife is on maternity leave so I'm sure that no visit has taken place, anyhow to be charged don't they have to give the letter to you in person and it has to be signed for before any enforce ment agents attend?

[Donnelly]

Re: Newlyns bailiffs

If I make any payment towards the bailiff fees is it proff for them that I have accepted there costs?

[bluebottle]

Re: Newlyns bailiffs

The £75 is payable the moment they receive the instruction from the Council. That is enshrined in law. That has to be paid whatever. In order to justify the £235 fee, Newlyns would have to prove they did, in fact, attend your home.It would be best if you speak to the Council and appraise them of the situation in respect of the £235 fee. They may say pay it, but I would be inclined to put it to them that would the Council pay an invoice from a contractor or supplier who could not prove they had carried out work or supplied goods. I think the answer is most likely to be, "No." However, expect council officers to try and make excuses. If it comes to the worst, pay the £235 under protest and make this clear and in writing. Although it may be a pain in the butt, taking the Council to the Small Claims Court might make them focus and be more diligent where the actions and conduct of contracted enforcement agents is concerned in the future. Incidentally, the Council is 100% vicariously-liable for the actions of Newlyns in the matter. You might also wish to bring the matter to the attention of your Ward Councillors, Leader of the Council and Opposition Leader of the Council. The members of the Council's Scrutiny Committee might also be interested to hear about the antics of Newlyns as the council officers responsible for instructing them will be called to explain what is going on.

[Donnelly]

Re: Newlyns bailiffs

I have spoken to the council and they have told me that as I have paided the £202 to them they no longer are involved in the matter and it is the fees of the bailiffs which are outstanding. I said to them as newlyns employer there must be a set of rules that need to followed, the answer was no they can not control anything once there fine has been paided. When speaking to newlyns they said that LBBD are their client and I also have the letter at home that says client LBBD FOR THE SUM OF £310, when the lasting spoke to realised what she said she quickly back tracked and said they weren't their client and it was there fees they were after, mistake at their end?
im also getting text messages saying they are coming TODAY for the last 2 days and also another 4 days ago, as well as 4 phone calls in as many days, iv spoke to them and explained on the first phone call where I stand, can they keep on phoning me after this as I'm still waiting for the breakdown of there fees

[Wombats]

Re: Newlyns bailiffs

Hi Donnelly,

Sorry, I'm late to the party!

Can I take you back to post 1 please where you state;

I had an outstanding PCN which I paid direct to the council but after newlyns got involved.

Under The Taking Control of Goods Regulations 2013 which is the law for this, as soon as the PCN is passed to Newlyns for enforcement a £75 Compliance Stage fee becomes immediately payable.

After this, a Notice of Enforcement is sent out giving you seven clear days (excluding Sundays) to either settle the debt in full or come to a payment arrangement. 1. Did you get this letter?
2. Had you already paid the Council before this letter was sent (you'd still have to pay the £75)?
3. Did you pay after receiving this letter, but BEFORE any visit took place?


If you did any of the above, you'd owe the PCN + £75 whether or not you have a receipt from the Council.

If the EA's (bailiffs) then make a visit, you immediately become liable for a further £235 fee (again regardless of any receipt you may have from the Council)and the debt passes from the Compliance Stage into the Enforcement Stage.
SO..... the golden question:

At what stage did you make payment to the Council?

I'm afraid that if you incurred fees for both the Compliance and Enforcement stages, then that is what you must pay. It is in your own interests to pay this as soon as possible, as the EA's will be looking now to secure their fees against your property -eg- by taking control of your car. I assume you do not want this.

SO WHAT IF I WASN'T IN WHEN THEY VISITED?

This is clearly criticial for you. There is NO form which EA's must post to prove they've visited. There is simply no statutory requirement to do so. Clearly this is ridiculous, but it is fact. What you should do therefore is challenge the £235 fee. It will be removed, BUT.....

it is highly likely the EA will simply visit the following day and post proof of a visit in the form of a note through your door. They then have their proof and you are liable for the £235 again.

It is an anomally within the system currently which will only be addressed if enough complaints are made. Forms and paperwork are much clearer now than they used to be, but there is no form between the Notice of Enforcement and the Taking Control of Goods forms. Many enforcement companies have already devised their own, but obviously Newlyns are not one of these.

I hope this gives you a full answer.

[Donnelly]

Re: Newlyns bailiffs

Hi wombat

i did pay the council after both fees but like I said before the fee for £235 is for a visit that never happened and no proof that it has has been provided ie: dates times even a selfie of the bailiff at the door, when asked they said the only way they have to provide proof is if it goes to court

[Donnelly]

Re: Newlyns bailiffs

So what other charges can I expect to receive from them?