Unexpected 'removal of goods notice' -from NEWLYN unsure of next step

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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Callyfaz
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Joined: 29 Aug 2017 19:58

#1 Unexpected 'removal of goods notice' -from NEWLYN unsure of next step

Post by Callyfaz » 29 Aug 2017 20:56

Hi all,

I've joined this forum for a bit of advice, from those a little more seasoned than i.
I returned from a bank holiday away to a rather strongly worded letter from NEWLYN titled in red 'REMOVAL OF GOODS NOTICE'. It was with regards to council tax arrears owed to Coventry City Council for a property I lived in from June 2015-November 2015. I emailed the council in January 2016, after realising I was owing and they emailed me back saying the amount I owed was £136 and they were happy to take 2 payments of £68.00.
Upon reflection, I paid the first instalment but looks like I missed the 2nd one - totally my mistake of course. I never heard from the council again and have since lived elsewhere in the country and have been on the electoral roll.
So now Newlyn want £459.92 from me (no idea where this figure has come from?!). I have attached a copy of this letter with the particulars blanked out.
I think I understand a few things - but do need some clarity if you can help me?:

Bailiffs can make a peaceful entry only? (They haven't been to visit me at all anywhere I have lived to my knowledge).

Bailiffs must send a 'notice of enforcement' to give me 7 days notice before they visit? (I haven't had one of these - only the letter described - there isn't even a bailiffs name on there)

They can charge £75 for sending a letter? (I accept this as I have received a letter)

I have been traceable via the electoral roll everywhere I have lived - will they try to say that they tried to contact me?

Any help is much appreciated.. I haven't suffered with debt before so I'm a little daunted to say the least but have tried to do some homework!

All the best,

Cally
They can charge another £235.00? (At what point is this charged?)

How should I attempt to repay what I owe? (directly to the council or should I try to arrange with Newlyn)?
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Schedule 12
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#2 Re: Unexpected 'removal of goods notice' -from NEWLYN unsure of next step

Post by Schedule 12 » 29 Aug 2017 22:20

Callyfaz wrote:
29 Aug 2017 20:56
Hi all,

I've joined this forum for a bit of advice, from those a little more seasoned than i.
I returned from a bank holiday away to a rather strongly worded letter from NEWLYN titled in red 'REMOVAL OF GOODS NOTICE'. It was with regards to council tax arrears owed to Coventry City Council for a property I lived in from June 2015-November 2015.
The Newlyn document you exhibited is a common phishing document. Its used for putting into a list of addresses they think the debtor is living, and see whether it prompts a reply. Its a form of debtor tracing.

Bailiffs are not allowed to do this because the National Guidelines states:

  • Creditors must not issue a warrant knowing that the debtor is not at the address, as a means of tracing the debtor at no cost.


The correct action is to notify the council and they search for a new address. Bailiffs cannot jump straight to enforcement in this way.



I emailed the council in January 2016, after realising I was owing and they emailed me back saying the amount I owed was £136 and they were happy to take 2 payments of £68.00.
Upon reflection, I paid the first instalment but looks like I missed the 2nd one - totally my mistake of course. I never heard from the council again and have since lived elsewhere in the country and have been on the electoral roll.
So now Newlyn want £459.92 from me (no idea where this figure has come from?!). I have attached a copy of this letter with the particulars blanked out.
Newlyn did not follow correct procedure, so they may not recover any fees. They will probably have a go even they know its unlawful. Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 states:

  • These Regulations apply when an enforcement agent uses the Schedule 12 procedure.


The schedule 12 procedures make the following requirement on the bailiff:


  • (1)An enforcement agent may not take control of goods unless the debtor has been given notice.


The law gives the correct content of the notice. http://www.legislation.gov.uk/uksi/2014 ... edule/made

The phishing letter is not compliant and does not count. It's a document the bailiff company has made up to look official.



The bailiff company is trying to defraud you of £512 fees relying on you not being informed of this legislation.


The following questions you ask are no longer relevant because the enforcement action has already failed.

I think I understand a few things - but do need some clarity if you can help me?:

Bailiffs can make a peaceful entry only? (They haven't been to visit me at all anywhere I have lived to my knowledge).

Bailiffs must send a 'notice of enforcement' to give me 7 days notice before they visit? (I haven't had one of these - only the letter described - there isn't even a bailiffs name on there)

They can charge £75 for sending a letter? (I accept this as I have received a letter)

I have been traceable via the electoral roll everywhere I have lived - will they try to say that they tried to contact me?

Any help is much appreciated.. I haven't suffered with debt before so I'm a little daunted to say the least but have tried to do some homework!

All the best,

Cally
They can charge another £235.00? (At what point is this charged?)

How should I attempt to repay what I owe? (directly to the council or should I try to arrange with Newlyn)?
DO NOT pay Newlyn, Your money will go straight in their pocket. You will have to go to court to get it back.

Pay the council, by cheque, take a photograph of the cheque and envelope and send it recorded delivery. The amount outstanding is the sum that is printed on the Liability Order. Only the council can tell you this. Do not approach Newlyn, they will add their fees to that sum.

When that is done, you must give notice to the bailiff company. This Template.will do it.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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

#3 Re: Unexpected 'removal of goods notice' -from NEWLYN unsure of next step

Post by Callyfaz » 29 Aug 2017 22:54

Hi Schedule12,

I can't thank you enough for your reply - I 100% feel more comfortable and reassured.
Can I just check that the liability order is the amount I owe the council? (Without those horrendous fees)

And that an appropriate course of action would be to get in writing what I actually owe the council, satisfy the amount (I actually have the money to my knowledge it should only be £68!!!) and continue to ignore Newlyn? Or will they still chase me for fees and other charges?

All the very best,

C

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Schedule 12
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#4 Re: Unexpected 'removal of goods notice' -from NEWLYN unsure of next step

Post by Schedule 12 » 30 Aug 2017 12:47

The sum on the liability order is the amount outstanding.

The council will have added it's costs for applying for the liability order, sometimes in excess of £100, but you can reclaim it unless the council explains who the expenses were paid regarding the application. If the council applied for multiple liability orders at the same time, then the expenses are divided by the number of liability orders. Nicholson -v- London Borough of Haringey http://www.bailii.org/ew/cases/EWHC/Adm ... /1252.html

  • the court not have sufficient material to satisfy itself that the £125 costs had been reasonably incurred but in fact they had no material at all on this matter, aside from the verbal confirmation of a council officer. This effectively means that the court was simply taking the council at its word and routinely granting these costs without following their proper legal obligation.


The easiest route is pay the amount outstanding, then reclaim the difference between £68 and the amount you paid by bringing a claim in the small claims track. That kills off the bailiff's enforcement power.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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

#5 Re: Unexpected 'removal of goods notice' -from NEWLYN unsure of next step

Post by Callyfaz » 30 Aug 2017 13:09

Hi Schedule12,

Many thanks indeed - going to contact the council and find out the amount outstanding on the liability order. I'll pay that straight away then get onto sending the template you kindly provided to Newlyn.

Your help is much appreciated.

All the best, C

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Schedule 12
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#6 Re: Unexpected 'removal of goods notice' -from NEWLYN unsure of next step

Post by Schedule 12 » 30 Aug 2017 14:12

The council might fob you off with contact the bailiffs. Just get the amount outstanding on the liability order and end the call there.

Then pay it online or by post, as I've explained above.

The council is not entitled to fob you off because it is in breach of regulation 21/31 of the Council Tax (Administration and Enforcement) Regulations 1992. It failed to give you a final notice or a reminder before applying for the liability order.

The council has a right to send the final notice or reminder to your last known address, but the moment the bailiff company traced your new address, the council cannot go behind section 7 of the Interpretation Act 1978. You can ask for a refund of the liability order fee by adding this to your claim.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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

#7 Re: Unexpected 'removal of goods notice' -from NEWLYN unsure of next step

Post by Callyfaz » 30 Aug 2017 15:31

Yeah I didn't get a final notice from the council or a reminder.. I'm sure they will possibly say that is my fault for not leaving a forwarding address? Can't believe it's come to this over such a small sum - you live and learn!

All the best, C

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