Advice on Newlyn refusing offer to pay

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Callyfaz
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Joined: 29 Aug 2017 19:58

#1 Advice on Newlyn refusing offer to pay

Post by Callyfaz » 12 Nov 2017 14:56

Hi all..

Just some advice really from those more seasoned than myself. I've had a notice of enforcement from Newlyn Regards to a council tax debt I have to Coventry City Council for £149.92 (it was a 2 month mix up the the landlord upon leaving the property) - anyway. The Notice of Enforcement has been sent so it is now £149.92 + £75.00 (so £224.92). It says on the letter I have until the 23rd November 17 8am to pay or reach a payment arrangement before enforcement action is taken. I called Newlyn and asked them if I could make a small payment now (£40 all I can really afford) and then clear the full balance when I am paid on 30th November.

As you can guess, although I didn't think this unreasonable, they weren't having any of it. The lady did say she would 'note my file that I called intending to pay' but I don't believe that at all.

Is there anything I can realistically do? I did think they would be a bit more reasonable considering it's a small amount - sounds like they want reason to charge me another £235.00. Any help greatly appreciated.

Thanks!

C
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John The Baptist
Posts: 230
Joined: 06 Jun 2017 17:22

#2 Re: Advice on Newlyn refusing offer to pay

Post by John The Baptist » 12 Nov 2017 16:12

You thought that Newlyn would be reasonable? :o

Get an email out straight away to CCC, preferably to the recovery manager if possible. Copy "unreasonable" Newlyn in on the mail.

Explain that you have no money until you get paid at the end of the month. However, you have £40 that you can pay now and then the balance on the 30th. State that Newlyn have refused this very reasonable offer and that the only reason that you can see for doing so is so as to manufacture an excuse to visit and add an extra £235 to your account. Ask the council whether they require their agents to report back any reasonable repayment offers made at compliance stage or whether the decision rests entirely with "unreasonable" Newlyn? Ask that the council intervene and instruct Newlyn to accept your offer of repayment in full by the end of the month. Ask that they also place enforcement on hold whilst your request is being considered.

Make sure that you send the email to the right department as you don't have much time left on this. If in any doubt, send it to the head of finance/revenues or whatever the title is at CCC.

Callyfaz
Posts: 11
Joined: 29 Aug 2017 19:58

#3 Re: Advice on Newlyn refusing offer to pay

Post by Callyfaz » 12 Nov 2017 18:42

Ha! Yeah stupid of me right believing they would be. Gonna get onto this first thing - do you think a follow up call to the council would be advisable? I'm thinking whether an income and expenditure breakdown would be helpful on the email too.

Thanks very much for your advice - appreciated

C x

John The Baptist
Posts: 230
Joined: 06 Jun 2017 17:22

#4 Re: Advice on Newlyn refusing offer to pay

Post by John The Baptist » 12 Nov 2017 19:48

A follow up call would do no harm whatsoever. Again, you would be best speaking to the recovery department, preferably the manager. The general switchboard operators are about as much use as a chocolate teapot. Ask to be put through, unless you can find a direct line on the council website.

I'm not sure an I&E would help given that you are only asking for an extra 7 days in which to pay the total in full. Many people on monthly salaries would be in exactly the same position as you are so simply asking to be able to pay the debt when you get paid is a natural course of action. The council will almost certainly have instructed Newlyn not to remove goods until it becomes a very last resort so a visit would not advance things any further forward or faster in any case. The refusal of your offer is almost certainly because they want an excuse to visit you.

Callyfaz
Posts: 11
Joined: 29 Aug 2017 19:58

#5 Re: Advice on Newlyn refusing offer to pay

Post by Callyfaz » 12 Nov 2017 22:47

Ah thanks very much - I'll post an update how I get on. One thing I'm a little confused on - some online advice (CAB) says the bailiffs can attend 7 days after the notice of enforcement date, but the dealingwithbailiffs website says

'The law provides for up to 20 CALENDAR DAYS between the date printed on the Notice of Enforcement and the first day the bailiff turns up.'

Do you know the official line on this?

Many thanks again

Callyfaz
Posts: 11
Joined: 29 Aug 2017 19:58

#6 Re: Advice on Newlyn refusing offer to pay

Post by Callyfaz » 12 Nov 2017 22:49

Actually - I misunderstood that completely. I see now it is 7 days :)

Apologies!

John The Baptist
Posts: 230
Joined: 06 Jun 2017 17:22

#7 Re: Advice on Newlyn refusing offer to pay

Post by John The Baptist » 12 Nov 2017 22:55

The bailiff may visit after 7 clear days (Sundays don't count as a day) In addition, time must be allowed for postage. Newlyn have followed guidance that recommends 14 days notice is given which will allow for Sundays and also time spent in the post.

Callyfaz
Posts: 11
Joined: 29 Aug 2017 19:58

#8 Re: Advice on Newlyn refusing offer to pay

Post by Callyfaz » 12 Nov 2017 23:03

Ah yes I understand now thank you! As a matter of interest, if the council agree to intervene, and best case allow me to pay them directly in 2 instalments as discussed in the OP - do I just need to give the bailiffs notice of such arrangement so they desist? Or is the fee still payable - and do I pay them the fee directly if so?

Best x

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Schedule 12
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#9 Re: Advice on Newlyn refusing offer to pay

Post by Schedule 12 » 13 Nov 2017 07:47

the bailiff will pester you for their fees in any case. Newlyn is a private company in business t9 make money and it is one of the more aggressive companies out there. even when the enforcement power has ended they will still take An Enforcement step to try and obtain tgrur fees regardless whether that step is unlawful.

Always keep bailiffs out of your house.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

John The Baptist
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Joined: 06 Jun 2017 17:22

#10 Re: Advice on Newlyn refusing offer to pay

Post by John The Baptist » 13 Nov 2017 09:34

If the council instruct Newlyn to accept your offer (which they really ought to do), they will also tell Newlyn not to visit provided that the payments are met on the days that you agree to make them.

The £75 fee is payable regardless as you have reached that stage in the recovery process. It is almost certain that the council will want you to make payments to newly. This shouldn't be a problem to you because you will have to pay the same amount, regardless of who you are paying the money to.

Callyfaz
Posts: 11
Joined: 29 Aug 2017 19:58

#11 Re: Advice on Newlyn refusing offer to pay

Post by Callyfaz » 13 Nov 2017 10:59

Thanks so much guys - just about to get onto the council. I'll let you know how it goes!

Best x

Callyfaz
Posts: 11
Joined: 29 Aug 2017 19:58

#12 Re: Advice on Newlyn refusing offer to pay

Post by Callyfaz » 13 Nov 2017 19:17

Hi guys,

Just wanted to let you know - i spoke with the council who seemed more than happy with the arrangement so then, after informing Newlyn, they accepted a payment of £50 today and then the rest of the balance when I get paid on the 30th November (a week after the date on the NoE) they confirmed not further enforcement action aslong as the arrangement isn't breached :)
I did record the call for my own protection and I did inform them at the start of the call which they were fine with.
So yeah - massive thanks to you guys. I had a read through some of the threads you monitor today and you really do a massive service. My thanks again for your advice.

Best x

C

John The Baptist
Posts: 230
Joined: 06 Jun 2017 17:22

#13 Re: Advice on Newlyn refusing offer to pay

Post by John The Baptist » 13 Nov 2017 20:20

Thanks for letting us know Cally. The forum exists exactly to help people like you who are victims of bailiffs abusing their powers. It is worrying that the girl on the end of the phone had been instructed not to accept your (very reasonable) offer. If that offer wasn't accepted, it is difficult to envisage what offer would have been.

Well done and I'm delighted that you were able to find us and act accordingly.

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