A Guide On How To Stop Newlyn Debt Collectors
Newlyn offer enforcement and debt recovery services, primarily for Local Authority debts such as council tax, parking contraventions and business rates. Newlyn is in its 20th year of operation and provides services nationwide. Newlyn has offices in London, the Midlands and the North.
Newlyn is a member of:
- The Civil Enforcement Association (CIVEA)
- The Institute of Revenues Rating and Valuation (IRRV)
- Information Commissioner’s Office (ICO)
- PCI Security Standards Council
- British Parking Association (BPA)
- United Kingdom Accreditation Service (UKAS)
- The Contractors Health and Safety Assessment Scheme (CHAS)
Newlyn is also accredited in the following areas:
- ISO 9001 Quality Management
- ISO 14001 Environmental Management
- ISO/ IEC 27001 Information Security Management
Who Do Newlyn Work With?
Newlyn work with over 65 local authorities collecting debts such as unpaid council tax, business rates, and Penalty Charge Notices. They also recover overpayment of Housing Benefit and commercial rent arrears.
Why Am I Being Contacted?
If you have received a letter or call from Newlyn, it is because you owe money. Newlyn primarily deal with Local Authority debts – if you owe Council Tax, Non-Domestic Rates or Penalty Charge Notices, you will already have received several reminders from the Local Authority before Newlyn became involved.
I Can’t Afford To Pay – Payment Plans
If you can’t afford to pay your debt in full, you may be able to arrange a payment plan with Newlyn. To apply for a payment plan with Newlyn, you must fill out an online application form on the Newlyn website and submit:
- 3 months’ bank statement
- 3 months’ pay slips
- Proof of benefits, if applicable
What Will Happen If I Don’t Stick To My Payment Plan?
If you can’t keep up payments on your plan, you should contact Newlyn straight away to explain your situation and seek to resolve the problem. If you don’t, you may end up with an enforcement agent visiting you, with a view to enforcing the debt.
If Newlyn take enforcement action against you, you will be liable to pay additional costs on top of the amount you already owe. It is important to try and resolve the issue as soon as possible to avoid mounting costs.
I’ve Received A Court Summons For Unpaid Council Tax
If you fail to make Council Tax payments, and continue not to pay even after receiving a final reminder, the council can issue a court summons. A Court Summons invites you to attend a hearing which will decide whether you owe the debt.
While you are not obliged to attend (a decision will be made in your absence), if you decide to, you will have an opportunity to explain why you have been unable to pay and may be given the chance to arrange an affordable payment plan.
Non-Domestic (Business) Rates
Newlyn also collect unpaid business rates on behalf of local authorities – the procedure is much the same as it is for Council Tax. If you fail to pay or respond to payment reminders, the council can ask the court to grant a Liability Order.
A Liability Order is the legal term given to the decision of a Magistrates Court that you owe a debt. If a Liability Order is granted, the Council will be able to take legal action against you to recover the unpaid Council Tax or business rates debt.
There are a number of ways in which they can do this including taking the money directly from your wages or Benefits, or appointing Enforcement Agents (formerly known as bailiffs) to recover the debt.
Penalty Charge Notices (PCNs)
Local authorities can issue Penalty Charge Notices if you break parking or traffic rules. This might be because you’ve parked in the wrong place, overstayed, or driven in a lane for buses and taxis only, for example. Local councils usually have their own traffic wardens (known as civil enforcement officers) who issue PCNs.
Newlyn may be instructed to collect the debt from the parking ticket on behalf of the council. Failure to pay a Penalty Charge Notice, can result in the Traffic Enforcement Centre, part of the County Court, issuing a Warrant of Control against you.
What Is A ‘Warrant of Control’?
A ‘warrant of control’ authorises county court bailiffs to recover the money you owe by taking control of your possessions. This is to encourage you to pay the debt or, if you can’t, to sell your goods at auction to raise the money.
What Is An Enforcement Agent?
‘Enforcement agent’ is the new term for a certificated bailiff, since the terminology was changed in 2014. An enforcement agent is certificated by the Court and has legal powers to collect a debt.
What Are The Stages Of The Debt Recovery Process?
There are 3 stages in the recovery process under the Tribunal Court and Enforcement Act. They are:
- The Compliance Stage
- The Enforcement Stage
- The Sale Stage
Fees And Charges
Newlyn will charge the following fees on top of the amount you owe. Costs vary dependent on the stage of debt recovery.
|Fee stage||Fixed fee||Percentage fees £0-£1500||Percentage fees above £1500|
|Sale or disposal stage||£110||0%||7.5%|
Newlyn’s fees are set by the government and apply to all enforcement companies. Enforcement Agent fees are governed under legislation: Schedule 12 of the Tribunal, Courts and Enforcement Act 2007 and Taking Control of Goods (Fees) Regulations 2014.
In addition to these fees, you may also have to pay ‘disbursement costs’ which include charges for locksmiths, storage of goods and auctioneer’s fees if you have your goods removed.
Don’t struggle alone with your debts. Facing up to your problem can be hard, but ignoring debt will only make it worse as additional costs are added. You can seek advice from Scottishtrustdeed.co.uk. We are professional debt specialists, with the experience and knowledge to support you. There are a number of debt management solutions we can assist with, including:
- Scottish Trust Deed
- Debt Arrangement Scheme
- Debt Management Plan
- Debt Consolidation Loan
- Minimal Asset Process
- Individual Voluntary Arrangement
Vulnerability includes a whole range of scenarios and may be short or long-term. Pregnancy, bereavement, and mental health problems are just a few. If you have a vulnerability, you should make Newlyn aware.
Newlyn has a dedicated vulnerability team to handle your case – they may be able to postpone action and arrange long-term affordable payment solutions for you.
You can use the online complaints form on the website http://www.newlynplc.co.uk/complaints to log a complaint.
If you are not happy with the response from Newlyn, you can refer your complaint to the independent enforcement association CIVEA.
Without a court order, absolutely not. Neither Newlyn or any other debt collection agency nor a debt collector is considered a court-appointed bailiff. Newlyn may visit the address of a debtor but cannot enter the dwelling without the consent of the resident.
Write to Newlyn to Request them to Stop Contacting You (If That’s What You Want) Under the FCA guidelines, if you request that a debt collector stop contacting you completely, it must do so (with a few exceptions). Your request must be in writing. You can use the ‘prove the debt letter’ to do this.
If you owe money to Newlyn and you don’t pay, you can be sued. If Moorcroft sues you and wins, the court will enter a judgment (also called an order) against you that says you must pay back the debt. But if all your money and property are protected, then creditors cannot take them from you.
Council Tax Liability Orders are not subject to the Statute of Limitations Act, so you may still owe the debt, even if it relates to a Liability Order issued over 6 years ago. If you’ve been contacted about an old debt, you can seek advice from Scottishtrustdeed.co.uk.
Yes, if you think you’ve been issued a PCN incorrectly, you can appeal within 28 days.
Yes. If you don’t pay, and bailiffs can’t recover enough goods to cover your debt, the council can take you to court. You can be sent to prison for up to 3 months if you do not pay your Council Tax, without a valid reason.
No – a Liability Order does not give you a criminal record.
Services Offered By Newlyn Debt Collection: Call Centre Support, Small & Ad Hoc Debts Collected, Process Servicing, Bailiff