Frequently Asked Questions
Who are Newlyn?
Newlyn plc are a private enforcement company who are employed by Local Authorities in England and Wales to collect outstanding debts such as Council Tax, Non Domestic Rates and Parking contraventions. We have been instructed by our clients, who will have themselves tried to recover the outstanding monies from you prior to issuing a liability order or warrant of control through the court system. As you have failed to pay them, we have now been instructed to enforce according to the regulations that were brought into force on April 6th 2014.
What regulations do you work under?
The Act that we work under is The Tribunal Court and Enforcement (TCE) Act 2007 Part 3 Schedule 12
The regulations are:
The Taking Control of Goods (TCG) Regulations 2013, no 1894
The Taking Control of Goods (Fees) Regulations 2014, SI 2014 No 1
The Taking control of Goods (Certification) Regulations 2014, SI 2014:421
What is the recovery process under the Tribunal Court and Enforcement Act?
The 3 recovery stages are:
- Compliance Stage
- Enforcement Stage
- Sale Stage
Enforcement Agents Fees
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.
- £75.00 Compliance fee
- £235.00 Enforcement fee plus 7.5% of all debts over £1500.00
- £110 Removal fee plus 7.5% of all debts over £1500.00
Click here for more information
These fees are set by the government, not by us, and apply to all enforcement companies.
What is an Enforcement Agent?
An enforcement agent was previously known as a certificated bailiff and is certificated by the Court.
What does a liability order / warrant of control authorise?
The Liability Order or Warrant of Control authorises the Enforcement Agent to attend your property to collect payment or remove your goods to discharge the outstanding debt.
What happens when an enforcement agent attends my property?
If you are unable to agree on a satisfactory payment arrangement, the enforcement agent will make an inventory of goods known as Taking Control of Goods. You will be asked to sign a document called a Controlled Goods Agreement, which will postpone your goods being removed.
I cannot afford to pay this debt?
Don’t ignore this debt it will not go away. Call 01604 633001, quoting your Newlyn reference number and speak with a customer services advisor to discuss payment. A payment arrangement may be considered, which will be determined by our clients guidelines.
What happens if I default on my agreed payment arrangement?
An enforcement agent may attend your property with a view to enforce the debt and additional costs may be payable. If your circumstances have changed and you are unable to adhere to your payment arrangement contact the office now on 01604 633001 to discuss.
If I pay your client, do I have to pay your fees?
You lost the right to pay our client when the liability order / warrant of control was issued by the Court. If you pay our client directly, you are still liable for fees incurred for the Enforcement of the Liability Order / Warrant of Control. Please note that the debt won’t be treated as cleared until it is repaid in full, including all fees and charges.
I don’t owe this amount; I have already paid and/or have an arrangement with your client
Please contact Newlyn on 01604 633001 with details of payments made and receipt numbers, together with details of the payment arrangement you have with our client, we will then contact our client directly to verify. Please be aware you may still be liable for any fees already incurred for the collection of your debt.
I am not the person on this notice, what should I do, I don’t want the Enforcement Agent removing my goods
Please contact Newlyn on 01604 633001, quoting the Newlyn reference number, or alternatively click here.
Contact us immediately to avoid further recovery action at your property.
My vehicle or goods have been removed and I am not the debtor?
If your vehicle or goods have been removed but you are not the person who owes the debt you will need to make a claim.
For Newlyn to investigate your claim fully, please email claims@newlynplc.co.uk with the vehicle registration or our reference number. You will then receive an automated response, please ensure you reply to this email on all future correspondence.
You will be required to provide the following within 7 days of the goods/vehicle being taken into control:
- Your full name, address, contact telephone number, valid email address and proof of id (passport or driving license).
- A description of the goods in which you are making the claim against, as well as the grounds upon which your claim is based.
- If your claim relates to a vehicle, we require the following to support your claim:
- A copy of the V5 Log book issued by the DVLA.
- A copy of a valid Insurance Certificate for the vehicle, which must be purchased on the date of purchase. If you are in possession of motor traders insurance, the MID list showing the vehicle was added to the policy must also be provided. In the absence of a valid insurance certificate a DVLA SORN confirmation is required
- Evidence of the Road Fund Licence which must be obtained on the date of purchase.
- A valid receipt for the purchase.
- Evidence of the flow of money used for the purchase of the vehicle, for example a bank statement.
- Evidence of how the vehicle was obtained, for example a copy of the advertisement.