Can Baillif company add all the fees before they visit newlyns & 2012 CTAX LO

[brassnecked]

They really are desperate for the £235 or so it would seem. A bit pointless as he can't get in Have you contacted your local ward councillor, or are they useless also?

[Leakie]

I spoke to the EA , Tried to explain my situation, told him that would not be able to pay anything at the moment until I am able to get a job,

his answer was can't pay we take it away.

I then queried the interest charged on the amount He quoted some reg and said how else is the company going to make a profit.

I was polite through out the conversation, but he was very aggressive, once I challenged the 7.5% interest .

He ended up cutting me off. I do not think he came back at 11am

 

Leakie

[Leakie]

I will be getting in contact with the District councillor soon I think,

He is meant to be fairly good(Green party)

[E Munch]

I've only just seen this thread. The 7.5% is not interest so please stop using that term as it is may confuse people. The breakdown you have from the council does not make sense. As you say if they are charging £68 for the amount of council tax above £1500 you should have owed a total of £2406 at the time of the first visit. If you have not paid anything and the council have not reduced your liability then the extra £68 charged is wrong.

If you did not owe £2406 at the time of the first visit and cannot get the company to justify that element of the fees complain to CIVEA. It is possible there is a second liability order but then you'd expect another charge of £75 as a compliance fee is due for each case.

[Leakie]

I have a posted an issue with Newlyns Bailiffs

 

Before they attempted to contact me at my address the charges were pre loaded

eg £235 and also the interest added with there charges taking the debt over £1500

the way I understand the new charges

the liability order needs to be over £1500 before they can charge interest ( there £75 took it over the £1500)

by adding there fees and taking it over the limit to charge interest

 

So my question is is this fraud

if it is it must be a criminal offence

 

open to my more knowledgeable friends

 

Leakie

[renegadeimp]

Nope. Front loading isn't allowed. Won't stop them trying though

[Old Cogger]

import saudi punishment to these thieves cut heir hands off!

[Leakie]

thanks for the reply

 

so the only way to stop them is to report the fraud

if this is reported with proof to the police will they take investigate????

I think not

 

leakie

[renegadeimp]

It's not fraud though

[Leakie]

Old codger I like the reply

but unfortunately we are not in Saudi Arabia

 

leakie

[Old Cogger]

import their rule in this case.

[Leakie]

Surely it, is as they are not claiming the correct fees at the correct time

they must be doing some thing wrong in the eyes of the law

[Leakie]

I am playing devils advocate

not any of this freemans stuff

[Old Cogger]

stay well away from that stuff it always back fires in court.

[fkofilee]

Yes stay well away from the FOTL rubbish that is floating around. But Front loading charges... Interesting topic to say the least. In order for them to charge, it was my understanding the visit had to be underway?

BA is viewing this thread, their input could be useful.

[Leakie]

I understand this Old codger I have read about it and can see the principle behind it .

I can see i would not work and have never considered this course.

But I am a person and I want too pay my debt and not hide behind my birth certificate

I am who i am fact

I just do not like companies who try to add fees that they are not entitled too, to me this is fraud

or obtaining money by deception, which I believe is criminal.

 

leakie

[Leakie]

The interesting thing that made me think and post this thread was the conversation I had with the recovery dept at the council

 

When I asked for a break down they were well aware of what Newlyns were asking for but could not or would not give me a breakdown of there fees

I had to ask Newlyns to justify the fees

 

The interest that they tried to charge did not add up.

 

And when the bailiff popped a letter through the door (5am I was up and found the letter at 5.55am )saying he would call later that day

I called him to say I disagreed with the amount , his reply was how else are we going to make a profit ,

I think that says it all they have not change even after the new regs have come in to force

 

leakie

.

[Peterbard]

The amount due before a percentage supplimet is added is calculated in the sum owed to the debtor and does not include any fees no matter what stages the fees are added on.

[Leakie]

Well in my case the £75 fee added took it over the £1500 and interest was added (but did not add up correctly)

The £235 was added in the letter stating it was handed over to the EA, but before they had been to the property

I have found some info on the web

 

Quote

The schedule of taking control of goods (fees) regulations 2014

A bailiff comits fraud under section 1-5 of the Fraud Act 2006

If he has charged for work that has not been done.

HM government in the house of Lords 20th April 2007

and the Police can not treat the complaint as such as a civil mater.

 

 

source is Bailiff legal precedent

 

Leakie

[Peterbard]

I take it then interest you refer to I the 1500 figure on none HCEO enforcement ?

[Peterbard]

Well in my case the £75 fee added took it over the £1500 and interest was added (but did not add up correctly)

The £235 was added in the letter stating it was handed over to the EA, but before they had been to the property

I have found some info on the web

 

Quote

The schedule of taking control of goods (fees) regulations 2014

A bailiff comits fraud under section 1-5 of the Fraud Act 2006

If he has charged for work that has not been done.

HM government in the house of Lords 20th April 2007

and the Police can not treat the complaint as such as a civil mater.

 

 

source is Bailiff legal precedent

 

Leakie

 

The 7.5% should not be added to the figure which the added fee

is applied, it is not interest.

?

[Leakie]

It was £1455.03 the letter fee was £75 so £1530 X interest this is just an example of what happened

the £235 was then added on top, before the visit.

 

leakie

[GrumpyToSayTheLeast]

Not clear what the debt is that they are chasing. Is it hceo work or fines, council tax etc?

Different percentage calculations involved.

[Peterbard]

Sorry on a tablet

[Leakie]

Sorry Grumpy to say the least

 

it is for council tax,