Newlyn Bailiffs: Not accepting My repayment

Gemqueen1960

A quick update - both emails were sent to Newlyn and Islington council, both received via special delivery on 25.04.2014. I await the replies and will update the post with any further progress.

JennyCrossley

Just a thought, but could you approach Islington Council directly about the debt and offer them the repayment plan on this debt and deal with them directly? Alternatively, your local credit union might be able to help by loaning you the money to pay this off in one go and then you can set a payment plan that you can afford with the credit union.

Gemqueen1960

Hello Jenny, thank you very much for the comment - I did approach Islington Council - they refused to take the repayment plan. They said I had to deal with the bailffs only.

A very interesting suggestion regarding credit union - I will certainly look into this. :T

My only worry is that I have only just got a job after being unemployed - I have employed now for 9mths now, however I am now filling in the paperwork to start the ball rolling...

Gemqueen1960

Ok, update, after sending both the council and Newlyn special delivery letters which they received the next day (I have the signatures for each), I got a "Control of Goods" letter, today after getting home - whereby they say the will visit again, and I will incur more costs if i do not contact them. They have ignored my letter of repayment and Islington council have not bothered to reply either.

Any1 suggest my next move?

Thx in advance.

dancingfairy

Never heard of control of goods. Have a quick check on National Debtlines website to check things but I'd be tempted to write back to them, and reiterate your payment plan. I'd also write in the letter asking for their bank details so you can set up a standing order (SO not DD).
I'd also complaint higher up in the council. If you complained to head of collections then I'd try the chief exec.
Also your local councillor might be quite helpful. As they are elected by members of the public they can often be keen to resolve things (So they get more votes). I'm sure they'd love to hear how the council and bailiff are refusing all your reasonable offers of payment.
Keep copies of all letters (obviously) and get certificate of posting.
I believe if the chief exec fails to deal with your complaint then there is a local government ombudsman.
In theory the council could take you back to court for willful refusal (ie deliberate refusal) or culpable neglect (ie being generally useless). It is therefore important that you keep offering to pay. Also, again fairly obviously you should make sure that the payment plan is one that you can afford and that you continue to put the money on one side.
df

Gemqueen1960

Dear DancingF,

Thank you for your reply, and very useful comments. I will reiterate the repayment scheme to the Bailiffs, (I have asked for SO payments in previous letters and this has been ignored) I will reiterate this again and send the same letter to Islington CEO. I will also contact my local councillor. Thanks again for your advice. :wave:

Gemqueen1960

All three councillors contacted and emailed. Letter to Bailiffs and Islington CEO to be sent via special delivery tomorrow.

Gemqueen1960

One councillor, has already got back :j: and is going to contact me shortly..

antonic

Please see my comments in RED

dancingfairy wrote: »

Never heard of control of goods. - Control of Goods has replaced the old distraint system since 6th April 2014.

What *should* happen is that the Bailiff visits the property (which has occurred) and then issuesd a Notice of Enforcement Letter .
The Notice of Enforcement Letter costs a minimum of £75.00 (Fees set by the Ministry of Justice and payable to them NOT the Council).

After 14 days if the debt has not been paid and a further visit is made to Take Control of Goods, this will cost a minimum of £235 (again fees set by the Ministry of Justice) but Newlyn *can* charge what they want and if Newlyn have to remove goods then there is a further fee of 7.5% of the value of the debt, if the debt is more than the £1500.00.

If the debt is paid between the Notice Of Enforcement Letter being issued and before the next visit, then only the Notice of Enforcement fee is payable.
Have a quick check on National Debtlines website to check things but I'd be tempted to write back to them, and reiterate your payment plan. I'd also write in the letter asking for their bank details so you can set up a standing order (SO not DD).
I'd also complaint higher up in the council. If you complained to head of collections then I'd try the chief exec.
Also your local councillor might be quite helpful. As they are elected by members of the public they can often be keen to resolve things (So they get more votes). I'm sure they'd love to hear how the council and bailiff are refusing all your reasonable offers of payment.
Keep copies of all letters (obviously) and get certificate of posting.
I believe if the chief exec fails to deal with your complaint then there is a local government ombudsman.
In theory the council could take you back to court for willful refusal (ie deliberate refusal) or culpable neglect (ie being generally useless). It is therefore important that you keep offering to pay. Also, again fairly obviously you should make sure that the payment plan is one that you can afford and that you continue to put the money on one side.
df

silentkiller

How have things progressed Gemqueen?

I don't think 200 is unreasonable - my sister paid less than that on a debt bigger than that from her council.

Can't see why they would be pushy about it.