Newlyns ccharges?????

[smiffy5]

Advice please

 

I owed the council £800, they passed this onto Newlyns last year and my Mum received the letter at her house. I phoned the council to arrange payment but they said I had to deal with newlyns. When i phoned them last year I had to argue with them to pay £80 per month to clear the debt. As of today i have paid them £880 which is the amount I owe the council but they tell me I have another £400 plus to pay - which are their charges.

 

Do I have to pay them their charges? or can I refuse as I am now struggling.

Should I ring the council to see if Newlyns bought the debt off them - if so Newlyns have prob had their money and a load extra.

 

HELP!!!!!!!!!!!

[hallowitch]

the most a bailiff can charge if the have no levy is £24.50 for 1st visit and £18 for 2nd visit

they cannot charge for letters sent through the post

the best thing to do is write to newlyns and ask for a screenshot of your account

send a letter to the council putting the account in dispute ask them to put a hold on any more payments because you believe there may be unlawful charges added to account by the bailiff include a copy of the letter that you have sent to newlyns with your complaint

newlys don't by the debt from the council

newlyns act as agents for the council when collecting council tax so any actions and charges added to the account are the responsibility of the council

Edited May 4, 2009 by hallowitch

[smiffy5]

Hi thanks

i have never received any letters or visits from Newlyns as they do not know where i live - this bill is for my old house. All letters (1 of them) have gone to my Mum's house and they have said to me on the phone that they will visit her to remove goods - to which i told them good luck they don't know my mum.

 

I have paid them so much I am worried that they will take their charges and tell the council that I still owe them £400 odd quid. Should i stop paying them til it is sorted out

 

When i spoke to newlyn to enquire how much I have paid they said £800, I then said oh that is it then I have paid my debt to the council and Newlyns said no another £400 for our charges

[andie_303]

correct debt toi council paid - that would have been the amount on your liability order Newlyns cannot go any further on that as that would mean changing the amount of the order - something they cannot do.

 

Contact the council and ask them for a letter confirming satisfaction of the liability order then tell newlyns to go f**k themselves

[hallowitch]

unfortunately the bailiff will take there charges first so you will still owe the council £400

i take it they have never been in your mothers house

they may have done a levy on a car that belongs to your parents or a car that was in the street however to have done this they should have left a form 7 with your parents

if you have £10 you could also send a subject access request to the council

[andie_303]

Levys on other people goods are not valid anyway - neither should an OP be charged for visits etc to a house that is not theirs - It's the bailiffs tough luck - amount on liability order has been paid

[andie_303]

Send Newlyns a letter asking for a statement of payments and a breakdown of their charges.

 

I'm sure you will find that £400 dramatically reduces as they do not like admitting in writing they are trying to con you.

 

If it were me I would pay them a big fat zero - but essentially its your call.

 

Just ask them to put all charges in writing.

 

No need to pay £10 for that.

[hallowitch]

Levys on other people goods are not valid anyway - neither should an OP be charged for visits etc to a house that is not theirs - It's the bailiffs tough luck - amount on liability order has been paid

 

i totally agree with that but until they find out what the charges are for and get the them removed they will still owe the council because the bailiff takes there charges first

as i said you need a screen shot of your account this gives dates/time of any alleged visits charges added e.c.t. the bailiffs name who has added the charges as for continuing to pay get the council to stop any action on your account until the charges are contested and removed

if you just stop paying the bailiff will go to your parents house as that must be the address the bailiff has and he has no reason to believe that you do not live there (unless you or the council have told them different)thats why it is important to get the council to stop all action on the account

and when you get the unlawful charges removed you can then use the screenshot as evidence of the bailiffs illegal charges for a form 4 complaint

[andie_303]

Agreed Hallowitch but my point is the bailiff has no charges as they have charged to an address and possibly on property that is not the OP's.

 

That means there is no charges and liability is paid.

 

I say it's worth a shot in ringing the council and asking for a letter showing liability order is satisfied - if the council do this then she can just send a copy on to newlyns - job done and no more having to commumicate with them.

 

Hedge your bets and do both - ask council and write to Newlyns asking for statement of charges.

[smiffy5]

unfortunately the bailiff will take there charges first so you will still owe the council £400

i take it they have never been in your mothers house

they may have done a levy on a car that belongs to your parents or a car that was in the street however to have done this they should have left a form 7 with your parents

if you have £10 you could also send a subject access request to the council

 

 

they delivered the original letter to my Mothers but have never visited as far as i know - i'm sure she would have said.

 

I will ring the council tomorrow and find out how much has been paid off the bill and inform them that I am disputing the charges.

[smiffy5]

Agreed Hallowitch but my point is the bailiff has no charges as they have charged to an address and possibly on property that is not the OP's.

 

That means there is no charges and liability is paid.

 

I say it's worth a shot in ringing the council and asking for a letter showing liability order is satisfied - if the council do this then she can just send a copy on to newlyns - job done and no more having to commumicate with them.

 

Hedge your bets and do both - ask council and write to Newlyns asking for statement of charges.

 

 

I think that £400 charges are a bit steep for a £800 council tax bill.

[andie_303]

They're not steep - they are illegal believe me

[smiffy5]

I see

 

I have read so many things on here and i am gutted that I will still owe the council more money. any ideas what the standard charges are - i have had no visits, 1 letter and i always phone them - the only time they phoned me when i was 2 days late paying and they said if I don't pay I have defaulted on their agreement

[andie_303]

nothing - thats my point.

 

They cannot charge for visits etc to a home that you do not reside in.

 

That is why you need to see a statement of their charges - when you ask in writing these will drop down to possibly 1 or 2 visits this will be a lie but they'll say they did them

 

You can then challenge these as it is not your address.

 

You really do need to ask the council for a letter confirming the liability order has been paid that will save you lots of hassle.

 

Just call them - mention nothing of the charges just say you are ringing as you have paid the liability order in full and would like a receipt confirming this.

 

See what happens

[smiffy5]

ok thank you - if i get a receipt saying that it has been paid can I stop paying newlyns?

 

i haven't lived with my Mum since 1994 and I told them and the council that last year- they got her address off the council. i wish i had just dealt with the council but they said i have to go thru the bailiffs.

[hallowitch]

They're not steep - they are illegal believe me[/quot

 

absolutely illegal

 

did you give the council your mothers address when you moved out of your house

was the 1 letter from the bailiff hand delivered or posted

[andie_303]

Thats it then - they worked on false information the council gave them despite you telling the council this was not your address.

 

If they want paying for anything they better approach the council.

[smiffy5]

no i didn't tell them I was living with my Mum I specifically told them and the council i was not living with her and why are they sending letters to my elderly mother when i haven't lived there for years - the council tax is for my old house which I sold in 2004 - i don't even live in the borough now.

 

not sure on the letter - i think it was posted

 

I didn't mind paying the £800 that i owe (as I said I have paid £880 to date more than enough to cover the original bill) - but I begrudge paying £400 for the privelige of dealing with newlyns.

[hallowitch]

if the letter was posted you owe nothing for charges as i said the bailiff can only charge for visits not letters posted

thats why its important to get a screenshot of you account

its also important to make form 4 complaint against the bailiff to help stop him doing this to someone else

[smiffy5]

ok my Mum has a buzz system into her block of flats so they would have to ring to get in and she never said that they did so it must have been posted.

 

if they charge 24.50 for a visit - what are the other 375.50 charges for?????

 

They were told that there is no point going to her house cos i don't live there and she has had no other correspondence from them.

[hallowitch]

visit 1 24.50

visit 2 18

levy £xxx

attendance to levy fee xxx

van/attendance fee xxx

late payment fee xxx

enforcement fee xxx

any/all of the above

[smiffy5]

ok i letter 24.50

no visits

no visit 2 18

no levy £xxx

no attendance to levy fee xxx

no van/attendance fee xxx

no late payment fee xxx

???? enforcement fee xxx

 

total amount 24.50 ?????? bizarre will ring council in the morning and write to Newlyns asking for a screen shot

 

thanks for your help and will post tomorrow

[hallowitch]

ask for a screenshot and all charges and payments made on your account

make the letter short do not go into detail as to why you want this info

send it recorded delivery keep your receipt

most bailiff company's have a habit of not receiving letters

[hallowitch]

forgot to add make 3 copy's

1 for bailiffs

1 for council

1 to keep for your own records

[smiffy5]

ok thanks

 

spoke to council today there is still 157.00 left to pay on my account - I informed them that I am querying the charges and will be paying directly to them in the future and to put a hold on the account.

Spoke to newlyns and asked for a screen shot - the woman - who was very rude - said she didn't know what I was talking about, I asked for breakdown of charges and she said £342 for their enforcement of liability order. she said they don't charge for letters. So will write to them and ask for a breakdown again. Told her I have told the council to put a hold on the account because i am querying charges and she said that the council will need to inform them - so I told her to ring them and verify it cos i was cancelling their direct debit today.

 

so will now have to wait for the breakdown .

 

thanks for your help