Newlyn Concil tax Debt

[coolwch]

Hi,

I am experiencing some problem with this company.

the case is i have lived in 3 place in past 3 years, they are Flat 1, Flat 2 and house 1.

after i moved from Flat 1 to Flat 2, i have phoned up council and told them i have moved to Flat 2, and they do send council tax to Flat 2 after. But they have sent the last bill for Flat 1 to Flat 1. where i am not aware of, until now i am living in House 1.

the bill come straight from this Newlyn debt collection company, but not from council the total cost is £264.

my wife phoned up council and ask why they don't sent the bill to Flat 2 when we were living there and keep sending the reminder to Flat 1 until we have moved to House 1 and get chased by the debt collection company.

the actual council tax outstanding is £221, my wife paid it to council, and they have confirmed that everything is cleared.

the frustrate part is Newlyn still sending bailiff letter with out standing of £43 to my house and threatening to take things from me.

i phoned them up, tell them i have cleared the bill from council and it is obviously their mistake, why should i pay for their mistake?

Newlyn act very rude, then i give a ****, i have paid what i should pay. (from i understand)

afterward i just ignored what ever letter sent by Newlyn.

some body did turn to my door, but we didnt answer, how ever i am afraid when i was not at home, they will threaten my wife.

what can i do?

[i hate bailiffs]

Newlyn will be acting as bailiffs and not a dca as council tax debt

 

There is no right of entry for the bailiffs no nothing

So you have only had a letter from the bailiffs

Then you paid council direct

 

And now bailiffs have turned up after the bill is settled I would say bailiffs have nothing to act on if it was just the one visit there fees are wrong anyhow

[josephbloggs]

ok so it seems as though newlyn have got involved in respect of a court order issued by your local council and have been asked to collect it, you have had visits and after this your wife has paid the council direct.

 

difference in the two amounts quoted suggest £42.50 in statutory visit fees where no levy has yet taken place.

 

my suggestion would be to get it paid asap because even though you have paid the council tax directly, the bailiff can still use the issued liability order to enforce for his fees, potentially leading to more costs being incurred.

 

further clarification:-

 

The Council Tax (Administration and Enforcement) Regulations 1992

Part 6 Regulation 45

Paragraph 3

“If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.”

THEREFORE

If the amount is paid minus the costs, if a legitimate levy has already been made, the company may continue enforcement action and remove goods/chattels seized previously.

FURTHERMORE

if there is no levy in place but first and second visit fees are still outstanding, the levy can be proceeded with, potentially adding further costs .

[coolwch]

Thanks For reply. Joseph, i appreciate the clarification of Law, and i will only admit to it if i really didn't want pay the council tax at that time.

however, i have informed council that i have moved to a new address, and they sent the bill to my old address while sent bills to new address too.

how the hell i could know i own them money until 2 year after they find me at where i live now.

therefore, the cause of this levy is because of the mistake by the council.

is it fair that i have to pay the bill for the mistake council made and make it like i was the one that did't want to pay???

it is just not make sense for me, £43 is nothing, i could pay it, but it is unfair for me to pay.

Also, i paid the council tax amount before the bailiff letter being raised, i don't even know what that £42.3 for. perhaps interest for 2 years?

seriously 2 years, i paid council 2 year tax then i got a letter asking me to pay 2 years ago and got interest charged on it, nothing in between told me i own money to them.

is this make any sense??? nothing from them 2 years then this bill, 2 years!!!

[Feebee_71]

Coolwch,

 

The £42.50 that the bailiff's say is still owing and want to collect are fees for 2 visits to your home (probably flat 1) at some point in the past rather than being interest or similar.

 

Feebee_71

[Peterbard]

If they visited the wrong address, the fees are invalid.