Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

[cornish pasty]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

Are those all cases where they've threatened BK under the £750 threshold, or just done it 'cos they can? If they were unlawful threats, could you post up the links please - I found a few things relevant to this which I pm'd to Celestine last night; however, I didn't find any other cases directly like yours, so any links would be good to read.

Thanks. :beagle:

A lot of the info I found was on a similar forum, but I don't know if its aloud to share post of their site to yours. If it is I will gladly post. The links to the articles in the coventry telegraph don't work for some reason, but the headlines statements are there.

[charitynjw]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

http://www.coventrytelegraph.net/new...erable-4875291

5th July 2013

• By Les Reid
• Comments

New guides issued to protect the vulnerable from bailiff malpractice after Telegraph investigation

New guidelines protecting vulnerable people from bailiff malpractice have been issued by the council after a Telegraph investigation.
The stories of Coventry families we highlighted were later heard in Parliament and the national media – before justice minister Helen Grant announced new laws to bolster protection for the vulnerable, sick and disabled.
Now Coventry City Council has agreed guidelines for the bailiff firms it uses to collect council tax.

[labman]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

Looks like those have been totally ignored then!

[CleverClogs]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

Looks like those have been totally ignored then!

The guidelines have fulfilled their purpose almost perfectly.

The purpose of official guidelines is to give the outward appearance of Something Having Been Done, though the reality is that there has been bugger all change in the contract, the procedures or the management thereof.

[cornish pasty]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

http://blogs.coventrytelegraph.net/t...t-coventr.html

http://www.coventrytelegraph.net/new...breach-3017842

http://www.coventrytelegraph.net/new...y-city-3016809

http://www.coventrytelegraph.net/new...-calls-3018567

http://www.holdthefrontpage.co.uk/20...dailys-expose/

http://www.coventrytelegraph.net/new...ouncil-3018212

http://www.coventrytelegraph.net/new...ouncil-3018212

http://www.theregionalpressawards.or...0505-01308.pdf

http://www.consumeractiongroup.co.uk.......MUST-READ-!!!!

http://www.google.co.uk/cse?cx=partn...plc&gsc.page=1

The list of complaints and unjust actions and charges are endless, but still nothing done about it

I have just checked the bailiffs register again, and the bailiff who supposidly attended, Reg Austin, wasn't licenced till 01/07/2013, so at the time he made the so called levy on the 2 vehicles I don't own, he wansn't even licenced, hence their offer to waive the fees, making out the are doing you a favour, whan in fact the levy and fees were unvalid anyway

This CCC, Newlyn plc partnership stinks to high heaven and needs to be brought to book.

[bizzybob]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

looking at the article links posted by CP it looks like Newlyn are acting in a criminal manner to rip off and extract fees from debtors, especially where the payments are being made according to an arrangement, so Newlyn should not be calling at all. Is it negligence or Fraud? if te latter the mens rea and actus reus are both present if Newlyn knew the arrangement was in place and not in default, meaning they had no business calling on that particular person.

It would look like Newlyn are running the whole shebang for CCC.

[charitynjw]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

looking at the article links posted by CP it looks like Newlyn are acting in a criminal manner to rip off and extract fees from debtors, especially where the payments are being made according to an arrangement, so Newlyn should not be calling at all. Is it negligence or Fraud? if te latter the mens rea and actus reus are both present if Newlyn knew the arrangement was in place and not in default, meaning they had no business calling on that particular person.

It would look like Newlyn are running the whole shebang for CCC.

This is prima facie evidence for the complete abolition of distress as a remedy, and distraint on goods. It's day is done. Our noble past Master of The Rolls the late Lord Denning could rest more easily in his grave.

When it is so bad that the issue is debated in the House of Commons, negligence, bad as that is, doesn't seem to cut it.
What the hell is going on there?
http://www.holdthefrontpage.co.uk/20...dailys-expose/

[charitynjw]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

They cannot be serious!

https://www.whatdotheyknow.com/reque...f_complaints_5

"Coventry City Council have not recorded any complaints regarding Newlyn
Bailiffs since the contract commenced – we have searched in respect of
overpayments and corporate income, council tax and business rates. I am
not aware of any other area that Newlyn Bailiffs would be engaged in by
the Council but if you require information about a specific area not
already mentioned above then please let me know."

[charitynjw]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

Good old Local Government Act 1888 s87(1), I always say!*

87Application of provisions of 38 & 39 Vict. c. 55 as to local inquiries and provisional orders.

(1) Where the Local Government Board are authorised by this Act to make any inquiry, to determine any difference, to make or confirm any order, to frame any scheme, or to give
any consent, sanction, or approval to any matter, or otherwise to act under this Act, they may cause to be made a local inquiry, . . . F1


*Maybe not 'always'

[wales01man]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

You have to wonder what these council employees actually do for their wages if they allow things like this to happen under their watchMany on LB are calling for a change in the way bailiffs operate and the councils that use them,as Celestine wrote in one post many more are in debt now and some are driven to suicide in a civilised society in the 1st century should anyone be threatned and treated in the way these debt chasers operate

[CleverClogs]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

They cannot be serious!

One might believe that they are perfectly serious and that, in consequence, the problem in Coventry is rather worse than anyone could have suspected. Just read the reply carefully:

https://www.whatdotheyknow.com/reque...f_complaints_5

"Coventry City Council have not recorded any complaints regarding Newlyn Bailiffs since the contract commenced...

Complaints may have been made but it seems they were not officially recorded and, if no complaints have been recorded, then CCC may continue to pretend there is no problem.

The little LIARS!!!:mad2:

They are not liars - they just prefer to be selectively truthful.

Oh dear. Sounds like CCC have well and truly dropped themselves in the proverbial with a comment like that.

It certainly seems as if there may be a systematic failure to manage enforcement.

[labman]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

A few choice quotations from the latest guidance to councils relevant here:

- https://www.gov.uk/government/upload...CT_arrears.pdf


It is therefore the Local Authority’s responsibility to ensure bailiffs, whether directly employed or private companies, are working within the law and the Local Authority who can be held accountable if they are not.


Local Authorities should have robust contracts in place with their bailiffs. When contracting and working with bailiffs, they should at all times be guided by the National Standards for Enforcement Agents. These clearly set out the expectations of a responsible creditor. Equally Local Authorities should expect bailiffs they work with to uphold the standards.


We would expect Local Authorities to actively manage their contracts with bailiffs, ensuring that they are aware of how their bailiffs are operating; this should include regular communications, monitoring/spot checks and assessment of informal and formal complaints and feedback from individuals and advisers.


Local Authorities should remain prepared to deal directly with individuals at any point. It is perfectly within their gift to call action back from the bailiffs at any time and where there is a case to do so they should consider such action.


Local Authorities must ensure that bailiffs provide clear and accurate information about costs to the bill payer, including a breakdown of costs, outlining how much has been charged for the bailiff action. It is inappropriate for authorities to receive extra payment or profit-sharing from the use of bailiffs and the charging of fees. Contracts should not involve rewards or penalties which incentivise the use of bailiffs where it would not otherwise be justified.


Local Authorities should monitor the performance of those recovering debts on their behalf and ensure that contractual and legal arrangements are adhered to.


Local Authorities remain responsible for the action of contractors.Councillors should regularly scrutinise the operation of outsourced contracts; and the broader use of such recovery action must command and continue to command public support and confidence.”


The Government consider that any fraudulent practices should be reported to the police as a criminal offence under the Fraud Act and that Local Authorities should terminate any contract with companies whose activities are proved fraudulent.


Bailiffs should provide standard documentation explaining how to query the action or complain and refer back to the Local Authority if there is evidence of payment.


Where bill payers get in contact with the Local Authority directly, concerns should be investigated properly, not simply referred back to the bailiff. Local Authorities should consider whether complaints, either formal or informal, from individuals and advice agencies, constitute evidence of problems with collection or enforcement with their bailiffs.

[labman]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

That is what the government has announced, albeit via Eric Pickles, and ALL councils have been issued with the guidance and requested to implement it. You may well be right about business as usual, but it gives a VERY strong cause for complaint, and would make wonderful headlines in the press.

[charitynjw]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

Re labman's quotes (above), did this come from the top, or was it (more usually) out from the bottom?

[ploddertom]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

Time to ask them if they have a SLA with Newlyns and/or a copy of the contract they hold + do they have a Bailiff Code of Conduct & if not why not + their complaints procedure.