Newlyns bailiffs

[Wombats]

Re: Newlyns bailiffs

The client being LBBD for the sum of £310 but when I've spoken to LBBD my debt with them is clear as the fine was payed to them. The letter newlyns sent still had them as a client which was sent after a phone call I had with saying I did not employ them and LBBD have broken their contract with you as they have excepted payment from me, chanced saying that and they ended the conversation

no recordings of the phone calls

Sadly the only thing that stands between you and a cleared debt is legislation! There's a similar argument runs about Magistrates' Court fines being paid in the court, thus bypassing the bailiffs. The legislation is much much clearer now than it was about the enforcement fees being payable. A very similar scenario to yours.

[Donnelly]

Re: Newlyns bailiffs

Also the only evidence of them not attending is my wife as she is on maternity leave from work was at home and has never seen a bailiff at the door..
Also she is indoors with our kids as I'm always working, what can the bailiffs do once they know this?

[Wombats]

Re: Newlyns bailiffs

Also the only evidence of them not attending is my wife as she is on maternity leave from work was at home and has never seen a bailiff at the door..
Also she is indoors with our kids as I'm always working, what can the bailiffs do once they know this?

What they always do - lie!

[Donnelly]

Re: Newlyns bailiffs

Vulnerable people in the though?

[Wombats]

Re: Newlyns bailiffs

Who has said they're vulnerable?

Vulnerable debtors:

At the time of the visit if evidence of 'vulnerability' is given to the enforcement agent then he is supposed to 'rewind' the account back to the Compliance Stage and the 'Enforcement fee' of £235 should be removed.

If the debtor was not present at the time of the visit it is vitally important that they write to the enforcement company straight away to outline their 'vulnerability' and to provide 'evidence'. If the enforcement company are satisfied that 'vulnerability' has been demonstrated then the position is that the 'Enforcement fee' of £235 is removed and the case 'rewound' to the Compliance Stage.

For the avoidance of doubt, the 'Compliance Fee' of £75 will not be removed.

[Donnelly]

Re: Newlyns bailiffs

Sorry didn't make that clear.
No one, I was asking the question pregnant woman and children only t the house

[Wombats]

Re: Newlyns bailiffs

Sorry didn't make that clear.
No one, I was asking the question pregnant woman and children only t the house

I appreciate that, thanks. I was trying (unsuccessfully lol) to highlight the fact taht as they claim to have visited, there is an onus on you now to prove vulnerability:

"If the debtor was not present at the time of the visit it is vitally important that they write to the enforcement company straight away to outline their 'vulnerability' and to provide 'evidence'. If the enforcement company are satisfied that 'vulnerability' has been demonstrated then the position is that the 'Enforcement fee' of £235 is removed and the case 'rewound' to the Compliance Stage. "

If accepted, then the £235 disappears!

[Donnelly]

Re: Newlyns bailiffs

So would a heavily pregnant woman and 2 young children fall into it?

[Wombats]

Re: Newlyns bailiffs

You would have to make a case out - mother alone at home with two young children, mother heavily pregnant - potential difficulty with mobility, frightened re bailiffs coming, over-emotional, etc... You'd have to make things at home sound as vulnerable as possible.

The legislation states:

"ensure that a vulnerable person has the opportunity to get help and advice to deal with the bailiff's action before they take goods or charge fees"

There is more in the links below, and a Google would potentially reveal more information again:

http://www.adviceguide.org.uk/englan...e_people_e.htm

http://www.justice.gov.uk/downloads/...-standards.pdf

If you Google this, make sure you're working with information post April 6th 2014 as legislation was different before then.

[Donnelly]

Re: Newlyns bailiffs

Hi people,

the he inevitable has happened and the ****ers have clamped my car, but they. Haven't knocked at my house, left a note to say they have been, are they within their rights?
surely they have to knock first to give you a chance to pay?

[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;



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.

Hi people,

the he inevitable has happened and the ****ers have clamped my car, but they. Haven't knocked at my house, left a note to say they have been, are they within their rights?
surely they have to knock first to give you a chance to pay?

Unfortunately they have done what I predicted they would right back in post 13.

Did you ever write and try to make a case for vulnerability?

I really think your best bet is to pay what you owe reluctantly and then put in a complaint. There is a case on here at present where the car has been clamped for days and there's no obvious sign of it being released. The last thing you want is your car being taken and sold to repay this debt.

[Donnelly]

Re: Newlyns bailiffs

Hi wombats

yes done a vulnerability letter, still got the car clamped, had a notice of immobilisation on it with just a number to phone and the fellas name, no time stated, no mention of how much it was for, they didn't come to my house (again) to give a chance to pay before it got clamped, but it's been payed now so no more dealings with them.
an expensive lesson learned

thanks for the replies

[Wombats]

Re: Newlyns bailiffs

Sorry we couldn't have helped you more. I've been there, done and learned the hard way too! :tinysmile_twink_t2: