Newlyn want to force entry for daughter CTAX debt - not lived here for 14yrs!!

[Lepiman]

Hi There Everyone.

Newbie here so please be understanding.

Can anyone help or advise?

 

 

Four days ago I received an Enforcement Notice from a company called Newlyn Enforcement Agency.

 

 

The notice was addressed to my daughter,

saying she owed £779 to the local council for council tax.

 

 

Also said they would be calling in a few hours time to 'attend' the premises and gain entry by force if necessary to seize goods to the value of the debt.

 

I rang the contact number to explain that my daughter did not live here and has not done so for 14 years.

She has been off the electoral register for about the same time.

He had got my address from the local council, which is strange because the council knows where my daughter lives as she claims Housing Benefit.

I also don't have any goods in the house that belong to my daughter.

 

 

he seemed to accept this and asked me to give the notice to my daughter.

 

I showed the noticed to my daughter but she knew nothing about the debt and said she would contact the council and the agent from Newlyns.

 

My daughter found out the debt was Council Tax arrears from her old address but all the overdue notices had gone to her old address ( she moved about 10 months ago )

and not been forwarded on.

She also spoke to the agent from Newlyns agreeing to talk to him about paying something towards the debt.

 

But now I have received a text message on my mobile phone which says 'ENFORCEMENT AGENT due to attend & take control of GOODS.

Call NEWLYN on 079661XXXXX to STOP'.

 

 

I only found this text message, when I went to switch my phone off before going to bed. Plan to ring this 'person' first thing in the morning.

 

I have never been in debt, so this is new and strange to me. What do I do now?

 

I am now worried sick and can't sleep. I don't want my possessions seized and interfered with!

 

Best Regards.

[dx100uk]

firstly they cannot force entry on a CTAX debt.

 

 

you've told them she moved out 14 yrs ago.

 

 

they should now not be trying to enforce this

on your property

 

 

you need to complain [and loudly] to the council concerned'

 

 

dx

[Bailiff Advice]

Hi There Everyone.

 

Four days ago I received an Enforcement Notice from a company called Newlyn Enforcement Agency.

 

Also said they would be calling in a few hours time to 'attend' the premises and gain entry by force if necessary to seize goods to the value of the debt.

 

I only found this text message, when I went to switch my phone off before going to bed. Plan to ring this 'person' first thing in the morning.

 

I have never been in debt, so this is new and strange to me. What do I do now?

 

I am now worried sick and can't sleep. I don't want my possessions seized and interfered with!

 

Best Regards.

 

The debt is for arrears of council tax and I am extremely concerned to read your above post and the reference to 'gaining entry by force'. This is certainly NOT permitted for council tax arrears. Could you please post back with the exact wording stated on the letter.

 

Secondly, it is not or you to ring the council or Newlyn's it is for your daughter to do so given that it is her debt and she is the person named on the Liability Order.

 

With council tax a bailiff has no right to force entry and can only come into your home by invitation. The bailiff cannot take a car belonging to you either given that the regulations clearly state that a bailiff may only 'take control of goods' belonging to the debtor.

 

Please post back once your daughter has called the council.

 

PS:I note that your daughter is in receipt of benefit so she should not be offering to pay more than she can comfortably afford.

[lookinforinfo]

Newlyns are the pits.

 

 

Do not open your door to them and move your car away from the house because it sounds as if this numpty will clamp it.

 

Do not pay a penny to them which is why they are pressurising you as they think you will cough up to protect your daughter.

 

Can you please type up the text verbatim so thar we can see how it has been worded.

 

 

It may be that you could have a reason to complain to your duaghter's old council about the bailiff's behaviour

 

PS despite what they say, you do not have to let them in under any cicumstances-so don't.

 

Some of them make all sorts of threats to scare you into paying.

There is no way you are responsible for any other person's debt.

[brassnecked]

If they turn up follow lookedinforinfo's advice, bear in mind what BA has posted,

 

 

Screwlyn are not interested in whether she is resident, yours is the address the council has given for the named debtor,

and so it is your goods they will (unlawfully) try to Take into Control.

 

 

Data Protection will not let them discuss it with you so pay up they will say.

 

 

If they do fetch up at your door, film them even with a phone,

to capture any threats you can use in a Formal Complaint to the council who sent them.

 

 

The bailiff cannot prevent you from filming.

[caledfwlch]

why r bailiffs allowed to hide behind ludacris 'we use one letter for all kinds of enforcement claim'

yet solicitors cannot say will take u to court using same claim claiming a false right to force entry is far more xhilling scary

esp since it is often handed to relations the debtor soes not live with it should be a human rights court case

surely we have the human right to not be mislead by officers of the court

Edited February 22, 2015 by dx100uk

[lookinforinfo]

duplicate entry