Newlyn Bailiff extorting money from Pensioner

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
Post Reply
DesperateDave
Posts: 2
Joined: 06 May 2017 17:05

#1 Newlyn Bailiff extorting money from Pensioner

Post by DesperateDave » 06 May 2017 17:09

I briefly moved in with my son for 6 months in 2014 due to ill health. My car was registered at his address during this time.

A PCN was issued on my car on 29/09/2014. I appealed because I had a valid pay & display ticket which wasn’t on the dash when the PCN was issued as it had fallen off the dash when I closed the door. I do still have a photo of the ticket proving I had bought a ticket.

I challenged this PCN which was rejected on 10th January 2015.

On 4th February 2015 a Notice to Owner was apparently sent and then on 9th March 2015 a Charge Certificate was issued. I do not know if this is true or not as I had moved back home after a fall out with my son. The car remained with my daughter in law as she was also insured on the car. As we were not on speaking terms, I did not receive any updates from my son.

I accept that it was my responsibility to inform DVLA of my change of address, but due to recurring ill health I did not get round to this. I relied on my son to do it but he was still upset from our fall out and had failed to do so.

I had not heard from the Council in months and so has assumed my son had dealt with whatever was outstanding. However, after 18 months on 19 September 2016, a Charge Certificate was issued by Redbridge to my son’s address.

The following was unknown to me: on 13 October 2016, an Order Recovery/Witness Statement Notice was sent to my son’s home.

On 23 November 2016 a Warrant of Control was issued to the the bailiff. Once things got serious, my son contacted me and that’s when I filed an Out of Time Witness Statement on 10 January 2017, informing Redbridge Council of my new address. The representations were rejected on 17 March 2017. The Council said they are sympathetic to my circumstances but I must now deal with Newlyn. I have contacted Newlyn who have informed me that the charge has now got up to £408!!!! They have not reissued the Warrant/recovery of payment at my current address. In fact, Newlyn have been sending messages and correspondence to my son despite me informing the Council of my address and my son telling them the same too. They keep sending him threatening messages and have never actually written to me at my current residence.

Please advise me on what I can/should do now. From my understanding, they should have reissued proceedings when they obtained my change of address and thus the fee would have been lower? Is this correct? But they haven’t done this and keep increasing the charges. A few weeks ago, I called them up and said “okay, I’ll pay in instalments’. I reluctantly agreed to £20.00 a week. the first week i paid on time, the second week I forgot so 2 days ago I paid £40 to cover this week and last. However, they have now texted my son twice yesterday saying:

“REMOVAL TRUCK BOOKED TODAY AT 4PM AS PER COURT ORDER TO TAKE CONTROL OF GOODS, TO AVOID ACTION ACTION CALL 07813532450 QUOTING REF 3530860”

They then texted my son “RETURN HOME NOW IF YOU WISH TO BE PRESENT WHEN GOODS ARE REMOVED. CALL 07813532450 WITH PAYMENTS TO AVOID THIS ACTION”.

What do I do? Do I speak to Redbridge? Do I take the texts seriously? Do I continue making paymens? They are aware that I am an old pensioner and cannot afford to pay this.

Please please advise.

Thank you.

User avatar
Schedule 12
Posts: 13070
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#2 Re: Newlyn Bailiff extorting money from Pensioner

Post by Schedule 12 » 07 May 2017 20:19

DesperateDave wrote:
06 May 2017 17:09
I briefly moved in with my son for 6 months in 2014 due to ill health. My car was registered at his address during this time.

A PCN was issued on my car on 29/09/2014. I appealed because I had a valid pay & display ticket which wasn’t on the dash when the PCN was issued as it had fallen off the dash when I closed the door. I do still have a photo of the ticket proving I had bought a ticket.
Even I have been collared for failure to display. I still had to pay the PCN even though I had a valid ticket. I was done £60 because it wasn't displayed. Councils stopped using sticky tickets to avail themselves to penalty drivers for failure to display.



I challenged this PCN which was rejected on 10th January 2015.

On 4th February 2015 a Notice to Owner was apparently sent and then on 9th March 2015 a Charge Certificate was issued. I do not know if this is true or not as I had moved back home after a fall out with my son. The car remained with my daughter in law as she was also insured on the car. As we were not on speaking terms, I did not receive any updates from my son.
That proves you were not given an NTO. you did not live at the address. The bailiff company will say it's your fault because you didn't update DVLA. That excuse is defeated because its proof the bailiff knew you were not given a Notice.


I accept that it was my responsibility to inform DVLA of my change of address, but due to recurring ill health I did not get round to this. I relied on my son to do it but he was still upset from our fall out and had failed to do so.

I had not heard from the Council in months and so has assumed my son had dealt with whatever was outstanding. However, after 18 months on 19 September 2016, a Charge Certificate was issued by Redbridge to my son’s address.

The following was unknown to me: on 13 October 2016, an Order Recovery/Witness Statement Notice was sent to my son’s home.

On 23 November 2016 a Warrant of Control was issued to the the bailiff. Once things got serious, my son contacted me and that’s when I filed an Out of Time Witness Statement on 10 January 2017, informing Redbridge Council of my new address. The representations were rejected on 17 March 2017. The Council said they are sympathetic to my circumstances but I must now deal with Newlyn. I have contacted Newlyn who have informed me that the charge has now got up to £408!!!!
If Newlyn does not have

your current address, then they cannot enforce. If they do, you can do a recovery for breach of part 75.7 of the Civil Procedure Rules.


They have not reissued the Warrant/recovery of payment at my current address. In fact, Newlyn have been sending messages and correspondence to my son despite me informing the Council of my address and my son telling them the same too. They keep sending him threatening messages and have never actually written to me at my current residence.

Please advise me on what I can/should do now. From my understanding, they should have reissued proceedings when they obtained my change of address and thus the fee would have been lower? Is this correct?
Correct you are. Bailiffs cheat because for the most part, they get away with it.





But they haven’t done this and keep increasing the charges. A few weeks ago, I called them up and said “okay, I’ll pay in instalments’. I reluctantly agreed to £20.00 a week. the first week i paid on time, the second week I forgot so 2 days ago I paid £40 to cover this week and last. However, they have now texted my son twice yesterday saying:

“REMOVAL TRUCK BOOKED TODAY AT 4PM AS PER COURT ORDER TO TAKE CONTROL OF GOODS, TO AVOID ACTION ACTION CALL 07813532450 QUOTING REF 3530860”

You need to hand in the text message here: Their services will be pulled for abuse: http://www.dealingwithbailiffs.co.uk/Ba ... xtSMS.html

If you have an Android phone, you can report the sender for abuse and all Android users will no longer receive text messages from the same source or anonymised sources.


They then texted my son “RETURN HOME NOW IF YOU WISH TO BE PRESENT WHEN GOODS ARE REMOVED. CALL 07813532450 WITH PAYMENTS TO AVOID THIS ACTION”.

What do I do? Do I speak to Redbridge? Do I take the texts seriously? Do I continue making paymens? They are aware that I am an old pensioner and cannot afford to pay this.

Please please advise.

Thank you.
You bring an action against Redbridge. They pay and they recover their damages from Newlyn. Your cause of action is non-compliance with Schedule 12 and breach of 75.7 of the Civil Procedure Rules. Do not litigate Newlyn, their solicitor sends endless angry letters. They are vexatious.

Here is how to bring the action. http://www.dealingwithbailiffs.co.uk/Ba ... xtSMS.html

I offer a low-cost drafting service including the legal arguments to assist the court in determining your claim. The cost can be reclaimed from the defendant council under the civil procedure rules. If Newlyn pesters you about someone else debt, you can apply for an injunction.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

DesperateDave
Posts: 2
Joined: 06 May 2017 17:05

#3 Re: Newlyn Bailiff extorting money from Pensioner

Post by DesperateDave » 08 May 2017 12:35

I agreed with Newlyn to make instalments of £20 per week from 13/04. I couldn't afford the second instalment on the 2nd week so therefore made two separate payments a week later. When my son called to tell Newlyn to stop messaging him they said I hadn't stuck to the agreement.

I accept I have to pay the PCN at an increased cost but at £408 when I have not received any mail at my current address is ridiculous! I suspect they will try and increase the charge or take more serious action because the excuse is I didn't stick to the agreement...Can they trace my current vehicle and clamp it?

Please send me details of our drafting cost

User avatar
Schedule 12
Posts: 13070
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#4 Re: Newlyn Bailiff extorting money from Pensioner

Post by Schedule 12 » 08 May 2017 15:01

They have no way of knowing your current vehicle via DVLA. The government did not allow a CIVEA application to enable the database to be searched by name of defendant.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Post Reply