Newlyn Notice

Apply to Stay the Writ. Set Aside the Judgment. Apply for more time to pay. Stop the Bailiff. Cancel the Fees.
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WorriedSingleMum37
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Joined: 16 May 2017 20:28

#1 Newlyn Notice

Post by WorriedSingleMum37 » 16 May 2017 20:47

Hi,

Just looking for some advice regarding Newlyn. Three weeks ago the left me a notice for £803.50 whilst I was at work. They said they would be back in 24hours if it was not paid in full immediately.

£390 for council tax arrears and the rest were Newlyn charges. I spoke with Newlyn who said I could only speak to the Bailiff direct and I spoke to the council who said I had to deal with Newlyn.

So I spoke to the Bailiff who basically said they won't accept any payments at all and will be back to remove goods if I don't pay the full amount.

As luck would have it Uni, gave me a single parent bursary £400 two days later which I immediately paid off the total debt leaving £308.50.

The Bailiff told me this wasn't acceptable and they will keep coming back and adding charges and that they take their charges before any of the council tax debt is paid so my payment hasn't paid my council tax arrears only the charges they had put on.

I did say I would try to pay the other £308 over the following few weeks which just wasn't feasible as I've barely been able to feed us after using my bursary let alone have spare money to pay the rest which leads me to today. Newlyn have just rang and said they will be back again if I don't pay this in 24hours - is there anything I can do?

I could pay this next week out of my rent money but will they wait that long and in doing that I am going to get in a state with my landlord? Any help and advice would be appreciated.

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Schedule 12
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#2 Re: Newlyn Notice

Post by Schedule 12 » 16 May 2017 22:03

If you paid the bailiff the money, then that will have gone into his pocket. The council will not see it.

Bailiffs pretend that money paid is "proceeds of enforcement". In fact, the law says "enforcement" is taking and selling the debtors goods to pay the debt. Section 62 of the Tribunals Courts and Enforcement Act 2007.

As the bailiff has not received any proceeds from the sale of your goods, the money you gave cannot be treated as such.

Proceeds is money raised from the sale of the debtor's goods, and if that money is less than the amount outstanding - which is the debt plus the COSTS of taking and selling the goods - that money can be apportioned between the bailiff and the creditor.

Money paid in discharge of the liability cannot be apportioned in this way. It is not proceeds.

It all counts towards the debt.

Once the amount outstanding is paid, the enforcement power ends. In your case, the "amount outstanding" as defined by paragraph 6 (3) (a) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, is just the council tax as quoted on the liability order. There are no enforcement costs because the bailiff has not paid any. He only pays them when he takes control of the debtors goods and sells them to pay the debt.

If you paid the money to the council and it fully discharges the amount outstanding on the liability order, then the bailiff must be given notice it has been paid. That is for the avoidance of doubt the bailiff knows the enforcement power has ended. He is liable for everything that follows if he chooses to take an enforcement step without having the enforcement power in place.

You mentioned that you are receiving a university bursary. There is a probability that you are not liable for council tax. Your exemption could be under Regulation 2 of the Council Tax (Liability for Owners) Regulations 1992 because your landlord might be running a House of Multiple Occupancy (an HMO), or section 4 of the Local Government Finance Act 1992 because you are a student, or because you are a single parent not working. You may have grounds to apply for a quashing order under section 82 of the Local Government Act 2003. In any case, apply for a discount here: https://www.gov.uk/apply-for-council-tax-discount

If you are a single parent, then the bailiff may not recover fees. This article explains more: http://www.dealingwithbailiffs.co.uk/Ba ... eholds.htm
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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Pote Snitkin
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#3 Re: Newlyn Notice

Post by Pote Snitkin » 16 May 2017 22:26

Your figures don't add up. Can you double check what was owed.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

WorriedSingleMum37
Posts: 3
Joined: 16 May 2017 20:28

#4 Re: Newlyn Notice

Post by WorriedSingleMum37 » 16 May 2017 22:28

Sorry, I did try to amend but it wouldn't allow me, it was £703.50.

WorriedSingleMum37
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#5 Re: Newlyn Notice

Post by WorriedSingleMum37 » 17 May 2017 19:09

Hi,

Thanks for your reply. I paid the £400 to Newlyn on their automated payment line. They have said this will not cover the £390 I owe the council as they will take their charges first so I still owe my council debt.

I do owe this council tax - it was before I started at University.

I am a single parent, I work part-time and attend Uni - I do not pay Council Tax at Present.

I live alone with my six year old son - does this make me a vulnerable person? Thanks

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Schedule 12
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#6 Re: Newlyn Notice

Post by Schedule 12 » 17 May 2017 19:14

Newlyn is incorrect with their advice. Money paid is not apportioned between the bailiff and the creditor. The debt is paid before anything goes to the bailiff company.

It's a shame you paid it to Newlyn online. Its taxpayer's money and Newlyn will probably embezzle it pretending they can draw their fees from it before passing the balance to the council.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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