Are you fed up of being contacted by Newlyn Bailiffs Debt Collectors? Are you concerned about why they are reaching out to you? A
re you unable to pay the debt or have you already cleared it, and they are contacting you in error? Do you feel threatened?
If any of these ring true, you should read this article, as it will give you a better understanding of how to get out of debt!
It’s not your fault. Complaints to the Financial Ombudsman have risen this year from 830 to 2,006, so it’s safe to say that you’re not alone.
Deal with your debt today and feel better tomorrow.
Who are Newlyn Bailiffs Debt Collectors?
Newlyn provides professional debt collection services to companies throughout the UK. The company also assists with traffic debt, council tax and commercial rent. The company operates seven days a week.
Don’t worry, here’s what to do
You could get rid of debt collectors by writing off your debt. I’ve put together a 4 question debt calculator which will tell you if you’re eligible:
Why would Newlyn Bailiffs Debt Collectors contact me?
If you are in debt and dealing with debt collectors, you are not alone. Debt problems are a problem for many individuals, and there are many different forms of debt collectors.
There are debt collection agencies operating independently, as well as those who work together with the original creditor. It is not unusual for debt collectors to operate as sole traders too. They may operate under different titles, but the premise is the same for all of them.
Debt collectors such as Newlyn Bailiffs Debt Collectors will buy the debt from the original creditor. This means that you may have the debt with another creditor, such as a loan or credit card company, and the debt collector buys the debt and chases it on their behalf.
They usually get a great deal when purchasing the debt, often buying it for only 20% of the value of it. They don’t particularly care about your financial situation and whether you are facing problems or not, they just want you to pay up!
Unfortunately, many debt collection agencies are resorting to underhand tactics to try and get the payment.
Find your best debt solution
Is all this information starting to feel overwhelming? Don’t panic! I’ve put together a 4 question debt calculator so you can quickly and easily find the best solution for you. Answer the four questions now.
Finding out if it is your debt
You shouldn’t pay debt until you are sure the debt is yours. There are instances when you could be chased about debt you have already paid, or they may have made an error and started chasing the wrong person.
If you don’t recognise the value of the debt, that is probably down to the fact that there are extra charges and interest.
You should write to Newlyn Bailiffs Debt Collectors and request that they send you the original credit agreement. If they are not able to send this to you, you would not be under any obligation to pay the debt.
Follow my ‘prove it’ guide with letter templates and get them to prove that you owe the money.
If you can pay, you should pay!
If the debt is yours, it is accurate and you are content that everything is above board, you should repay the money you owe. It is always advisable to pay this in full, if it is possible.
When you pay the debt, it will save you the stress of dealing with Newlyn Bailiffs Debt Collectors. You may not have the funds to do this though, so the next best thing is to set up a suitable repayment plan. You may even be able to arrange a partial repayment.
How debt collectors can affects your life
Unfortunately, not all debt collectors operate in a legitimate way. Some debt collectors are known for their harmful tactics, which often include bullying, harassment and even threatening behaviour. They may even decide to make call to your workplace to try and get you to pay up! These tactics should not be accepted.
This sort of behaviour from debt collectors such as Newlyn Bailiffs Debt Collectors may lead to emotional distress, and even mental illness. The debt support trust have discovered that many debtors have even contemplated suicide at some point, which is, of course, extremely worrying.
Debtors have reported feeling of inadequacy, humiliation and feeling like they are completely disconnected to their lives. They often don’t know how to get out their situation or how to handle the debt collectors. The situation got so bad that the government were asked to step in and take action of the behaviour of debt collectors.
As a result, they decided it was right to introduce new legislation for debt collectors, regarding the debt collection procedures and the general behaviour of agents. These laws have now been fully implemented.
Newlyn Bailiffs Debt Collectors and the law
The Office for Fair Trading (OFT, 2012) has a set of guidelines for the debt collection business, which is designed to try and offer a bit more protection to borrowers. These are some regulations that debt collectors, including Newlyn Bailiffs Debt Collectors must adhere to:
- They must ensure that they treat debtors fairly, and with respect. They must not use aggression to try and get payment, or be deceitful. Oppressive or improper behaviour is also forbidden.
- There should be transparency with the information provided, and they should not mislead or confuse borrowers.
- It is imperative that they show consideration towards debtors, especially those who are facing financial struggles.
- They should understand the debtors’ circumstances, before they determine appropriate action.
If Newlyn Bailiffs Debt Collectors are intimidating or abusing you in any way, you should not tolerate this. They have a responsibility to adhere to the guidelines. If they have failed to do this, you should make a complaint firstly to the company themselves and then to the OFT.
If you want to complain to the bailiff company you can use our free letter template which outlines exactly what you should say.
When you report Newlyn Bailiffs Debt Collectors to the OFT, you should detail what you want to happen as a result of this. For instance, if you wish to receive compensation.
There are times when debt collectors will go as far as to pretend they are working as an external agency, when it turns out that they are part of the company you have the debt with. As this is deceit, they are failing to adhere to the necessary regulations.
What Types of Debt do Newlyn Debt Collectors Collect?
Newlyn debt collectors work with more than 65 local authorities. They collect many types of debts such as unpaid council tax, Penalty Charge Notices and business rates. They are also known for recovering housing benefit overpayments and commercial rent arrears.
UK Personal Debt 2021 Update:
As of April 2021, the average total debt per UK household was £61,509
(Source: The Money Charity)
What is a Liability Order?
A Liability Order is the name given to the decision by a Magistrates Court that you do indeed owe a debt. If you refuse to pay Newlyn Debt Collectiong Agency by stating that you don’t owe the debt, they can push for legal action and attempt to get a Liability Order against you.
If a Liability Order is indeed granted, legal action will be possible against you. This could include sending bailiffs to your house to seize your possessions in order to persuade you to pay the debt. If you still refuse, then these possessions would be sold off in order to make up for your council tax or business rates debt.
What Is A ‘Warrant of Control’?
A Warrant of Control gives county court bailiffs the authority to seize your possessions as a process to aid in debt recovery. This could just be to persuade you to pay your debts and if you don’t, then these possessions would be sold off in order to repay your debt.
Non-Domestic (Business) Rates
Newlyn Debt Collection Agency are also known for collecting unpaid business rates for local authorities. The process for them collecting business rates debt is fairly the same as that of council tax debt. If you fail to respond or make payments towards your debt(s), then Newlyn Debt Collection Agency can attempt to get a Liability order against you.
What is in it for Newlyn Bailiffs Debt Collectors?
You may be wondering what is really in it for the agents at Newlyn Bailiffs Debt Collectors. Why are they so persistent that they keep contacting you at all hours of the day?
These are some things you should know about how debt collectors operate.
The agents may get a bonus
The agents who call you from Newlyn Bailiffs Debt Collectors will probably have incentives to help them achieve their targets. They will receive bonuses based on the amount of money they collect, and these will contribute to their overall bonus.
You may find that they are quite persistent in getting the payment, as they are desperate to meet their targets. They will do anything to avoid having to mark the call as ‘non payment’, and this may lead them to intimate and bully debtors.
Debt collectors don’t expect you to know any of the finer details of how the operate. They expect you to feel threatened and worried, so that you just pay to avoid any hassle.
With the knowledge you have from this article, you will be more informed to be able to stand up to them. In most cases, the threats they are making are empty. They don’t have as much power as they claim to!
Call technology is common
Debt collection agencies often use call technology to try and reach you. If you find that your phone rings every day at the same time, and then goes to a voicemail, it is probably automated technology in place.
The reason for this is that they want to drive you to the point where you feel harassed and just answer the call. You should not feel under any pressure to pay, if you can’t afford it.
If you are dealing with high volumes of calls from Newlyn Bailiffs Debt Collectors, you do not need to just put up with it. You can report this type of harassing behaviour to the OFT, as this is a breach of the guidelines. You have the right to explain to the Financial Ombudsman that you plan to report them.
You can speak to the Financial Ombudsman by phone on either 0800 023 4567 or 0300 123 9123
Knowing their tactics
It can be confusing to deal with debt collectors. One minute they’re being polite and friendly, and trying to help. The next, they’re being abusive towards you! It can be difficult to keep track.
The reason they switch their attitude is that if they try and push you into paying, you are more likely to do so. Unfortunately, in many cases, it is not just a slight nudge in the right direction, but proper abusive behaviour. This may include harassing you by calling you constantly, threatening you with court action and being generally relentless in their behaviour.
The plan is to wear you down, so that you eventually just pay up. They are not concerned about whether you can afford to pay up, they just want you to make payment, right then and there.
This behaviour can be difficult to stand up to, especially if you are not familiar with debt collectors. Stay strong, as much as you can, and don’t put up with any behaviour that makes you feel harassed. You should report Newlyn Bailiffs Debt Collectors to the OFT, if they are making your life a misery!
Can they speak to third parties?
Debt collectors, including Newlyn Bailiffs Debt Collectors do not have the right to speak to others about your debt, even if they are unable to track you down.
They should only ever discuss the debt with you. It is even unacceptable for them to talk to a family member about your debt. If they do this, they are in breach of OFT guidelines and privacy laws. You have the right to make a formal complaint, if they are guilty of this behaviour.
You can report them to the Financial Ombudsman on 0800 023 4567 or 0300 123 9123
Would they lie to you?
Debt collectors have been known to stretch the truth and this can cause confusion for debtors. You should know that debt collectors are not the same as bailiffs, and they cannot visit your property and remove any goods. They do not have the power to prosecute you, and they should definitely not threaten you.
You should not allow them to visit your property, regardless of what they say, as they do not have the right to do this. They may instruct a bailiff, but they don’t have any power on their own. If you feel like you are under threat, you should call the police.
Dealing with debt collectors
No one enjoys dealing with debt collectors, but it is made even worse when they use abusive tactics to try and get you to pay. Debt collectors can have serious effects on the mental health of borrowers.
They often believe they are above the law. You need courage and strength to stand up to them; it is by no means easy. No matter how bad your debt problems may be, there is always help out there. You do need to get out of debt, but this should not be to the detriment of your wellbeing.
You should deal with your debt problems in a controlled way. Even if your debt seems out of control, there are always solutions.
Organisations offering free debt help
If you are struggling with debt, you are not alone. There is lots of help available to debtors, and much of this is free. There are not-for-profit agencies who will offer you one-to-one support, and there are also commercial debt management companies who offer their services for a fee. As you are already struggling financially, it would make sense to opt for the free services first. Some of these are:
- Citizens Advice Bureau (CAB) – get free debt help and advice from experts. They will show you how to get out of debt and can even stop debt collectors from contacting you.
- Christians Against Poverty (CAP) – free help and advice to get out of debt and take charge of your finances.
- StepChange provides free online debt advice and helps people take control of their money.
You may be able to write off your debt
If you have serious debt issues, there is the option of entering into an Individual Voluntary Arrangement (IVA). This gives you the opportunity to right off some of your debt. With an IVA, you make monthly payments towards the total debt, and after a set period, usually five years, the remaining debt will be written off. You would need the help of an insolvency practitioner to undertake this process.
I’ve put together a 4 question debt calculator so you can quickly and easily find the best solution for you. If you’re eligible for the new government scheme, you could write off up to 85% of your debt! Answer the four questions now.
We have seen that there have been warnings from professional bodies, and even change to the law, as a result of the behaviour of debt collectors. This, unfortunately, has not completely rectified the situation.
There are still too many debt collectors who believe they don’t need to stick to the rules, and can treat debtors in any way they wish. If you have debt, you must make arrangements to pay it back.
However, you should do this in a way that doesn’t affect your ability to make payments to your regular expenses. If you can’t afford to pay the debt in full, there is the option of setting up a repayment plan.
You can prevent the bullying behaviour by speaking to the Financial Ombudsman. As the professional body, they will take care of the situation on your behalf.
Newlyn Group Holding Ltd has a significant stake in Newlyn PLC. David Smith also has significant influence or control of the business.
Newlyn PLC are not authorised or regulated by the Financial Conduct Authority. They work under The Tribunal Court and Enforcement (TCE) Act 2007 Part 3 Schedule 12.
Newlyn PLC do not work for HMRC as a debt collection agency.
Newlyn PLC collects debts on behalf of local authorities in England and Wales. They do not but debts.
Newlyn PLC buys debt from companies that have been unable to collect from you. They buy the debt for a few pence on the pound and then aim to collect a fraction of the full amount to make a profit.
You can be taken to court if you owe the money. They would need to get a County Court Judgement in this case. You will receive a letter if you have a CCJ.
Newlyn PLC will not be able to put you in jail, as a result of debt you owe.
You should not ignore the CCJ. If you do, you won’t go to prison, but you may receive a visit from debt collectors, who can remove items which equate to the value of the debt.
They do not have the ability to issue you with a warrant, or send you to prison as a result of your debts. They can request a CCJ though, and this could result in bailiffs turning up at your door, to recover items.
Newlyn PLC are debt collectors, not bailiffs. This affects the power they have. They can request a CCJ, which could result in bailiffs being sent to your door, but they do not have this power themselves. If this is going to happen, you will be well warned about it.
Newlyn PLC could come to your house, but they have no powers. You can turn them away from your property, and they won’t be able to do anything about it. They may instruct bailiffs to visit your property, but they cannot do much on their own.
Newlyn PLC cannot force entry into your property. You can send them away, and they can’t do anything about it.
Newlyn PLC will probably not give up. They will probably chase the payment until they have exhausted all possible avenues. They have the right to chase you for 6 years.
Debt can become too old. Debt collectors may only chase the debt for 6 years. This is part of the Limitation Act 1980. The 6 years is from the last payment you made, or the last time you spoke to the creditor about the debt.
The Limitation Act 1980 allows debt companies to chase the debt for 6 years. If you have a CCJ, there is no limit. They can then chase you for the debt for as long as they wish!
The debt can be written off after the 6 years has expired, unless you have been issued with a CCJ. In which case, you can be chased limitlessly. You may also write some debt off using an IVA.
Newlyn PLC can be contacted by phone, but they do not have a freephone number. You can also contact them via email. There is a contact form on their website, and there is also a live chat feature on their website.
Newlyn PLC accepts card payments either online or by phone. You can also pay by standing order or by posting a cheque or postal order. Payments in person can be made at Post Offices or PayPoint outlets.