Newlyn PLC Harassment – What to Do?
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Are you puzzled about a letter from Newlyn PLC? Are you unsure if the debt is yours or if you can pay it? You’ve come to the right place for answers. More than 170,000 people visit us each month to understand debt matters, just like yours.
In this guide, we will explain:
- How to know if the debt from Newlyn PLC is really yours.
- What you can do if you feel you are being wrongly chased by Newlyn PLC.
- Ways to stop Newlyn PLC from pestering you too much.
- Different plans to pay back what you owe to Newlyn PLC.
- How you can legally make some of your Newlyn PLC debt go away.
Many of our team members have received letters from debt collectors, including Newlyn PLC. We know how worrying it can be. We are here to help you understand what to do and what your next steps should be.
Let’s get started on dealing with Newlyn PLC.
How do I get rid of Newlyn?
The only way of stopping contact from Newlyn PLC is to:
- Pay the debt off in full
- Agree on a payment plan with Newlyn, which may involve a Controlled Goods Agreement
- Allow them to seize goods to an equal value of your debt (plus fees!)
These three options will help you pay off a debt that must be paid because it’s subject to a court order.
But if you’re dealing with Newlyn as a debt collection agency in the early stages of the recovery process, there may be ways you can stop them from contacting you and even get you out of having to pay.
Ask Newlyn to prove you owe the money
Don’t worry if your debt isn’t statute-barred, there’s still something else you can do. You should ask Newlyn to send you proof that you owe the debt.
They’re then obligated to send you a copy of the agreement you signed relating to the arrears and debt owed. Keep a copy of your request, because if they don’t send proof, you might not have to pay.
It’s your right to ask Newlyn for proof of debt ownership and they must oblige.
And if their client takes you to court, you can show the judge your request for proof which was ignored.
Has your Newlyn debt become too old to be enforced?
Some Newlyn debts cannot be enforced because the courts won’t accept statute-barred debts. It’s a way of preventing courts from becoming overly stretched, many debts cannot be taken to court when they’re at least six years old.
So, if Newlyn is chasing you for a payment on a debt that is old, you might not have to pay. You should work out if your debt qualifies as too old to be collected, officially known as statute-barred debt. And if it is, you can tell them you’re not going to pay for this reason.
Be aware that not paying will still harm your credit score.
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When does a debt become statute barred or prescribed?
In England, Wales and Scotland, a debt becomes statute barred when it’s six years old.
So, when a creditor doesn’t take court action within the deadline, the debt becomes statute barred. It means the debt is ‘unenforceable’.
However, the debt doesn’t vanish. It still exists, but a creditor is barred from asking a court to issue an order to recover it.
That said, a creditor could take other action against a debtor. However, it depends on the sort of debt. Also, there are specific criteria which must be met.
In Scotland, debts that are five years old are referred to as being ‘prescribed’. Under the law in Scotland, the debt no longer exists, and creditors can’t do anything about it.
Understanding statute-barred and prescribed debts could help you find out whether you have to pay or not.
Is Newlyn High Court enforcement?
Newlyn PLC is a private enforcement agent company but they’re not employed by the High Court. As such, they are not High Court enforcement agents. However, they are certified bailiffs.
The role of Newlyn PLC in court-related debt recovery may be used by local authorities and government departments to collect unpaid council tax debts and housing benefit overpayments.
And they may be employed by private companies to recover commercial debts subject to a court order.
Can Newlyn bailiffs force entry?
Newlyn bailiffs cannot force entry into your property by breaking down doors or by physically handling you. But they can walk into properties with open doorways and unlocked doors. They should not climb through windows.
Newlyn PLC bailiff rights are quite specific. The only time that a Newlyn bailiff can force entry is to seize goods listed within a Controlled Goods Agreement when the agreement has not been kept to by the debtor.
However, they must use a locksmith rather than “kick down” the door.
A Controlled Goods Agreement might need to be signed when agreeing on a payment plan. It states that Newlyn bailiffs can seize specific assets if you miss payments.
What is a Controlled Goods Agreement?
A Controlled Goods Agreement is set up by the bailiffs when you can’t pay what you owe in full. The agreement prevents bailiffs from seizing belongings they have ‘taken control of’.
You must agree to a repayment plan to settle the debt by agreeing to make regular payments. These are the terms of a Controlled Goods Agreement which you must follow.
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What happens if I don’t pay Newlyn?
The consequences of not paying Newlyn PLC can be far-reaching. Enforcement agents will visit you again in the future, which adds more expensive charges to your debt.
They’ll keep returning until they can recover a full payment, sign you up to a payment plan, or repossess your assets, which are then sold to clear the debt.
If your debt is not subject to a court order and you ignore Newlyn PLC debt letters, they will continue to contact you and ask for payment.
They will eventually threaten you with legal action if you don’t pay. However, this may or may not be just a scare tactic to get you to pay. That’s the consequence of ignoring Newlyn PLC.
Their client may not be willing to take you to court but they might. In which case, you could face court action, and if you don’t respond, a default would be registered against you by default.
It would ruin your credit history and make it hard to get credit until the County Court Judgement expires.
Newlyn PLC harassment
Newman PLC has some dreadful online reviews, with many claims against Newlyn PLC involving harassing behaviour.
Take a look at just a snippet of the type of comments left online:
“Absolute bully boy tactics, received 2 letters this morning, 1 officially from Royal Mail, the other hand delivered saying they are coming to remove my goods even in my absence for unpaid Council tax for 2019-2020, even though I have never missed a payment in the 6 years I have lived at the property.”
- BRW (Trustpilot review)
“They send many threatening texts, letters, etc, even when you make payments but miss one. There is no constructive help, just a barrage of demands for payments you can’t keep up with or threats of visits and more fees. […] They collect debts by any means possible even if it is at the expense of people’s mental health.”
- (Trustpilot review)
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How to deal with Newlyn PLC harassment
Dealing with Newlyn PLC complaints is a straightforward process. If you think a Newlyn PLC enforcement agent is harassing you and not sticking to the strict code of conduct, you should first make a complaint to Newlyn PLC.
The same process can be followed when complaining about debt collection agency workers at Newlyn. However, you can also provide Newlyn with your contact preferences first.
This should stop them from constantly contacting you, and stop them from calling at certain hours of the day.
Keep a copy of any email or letter you send, as it can be used as evidence when escalating complaints to the FOS.
The role of the Financial Ombudsman Service
You have the right to take your complaint to the Financial Ombudsman Service (FOS) when you feel harassed by creditors. It’s a free, impartial service and the process is easy to follow.
The FOS has the power to make things right. However, you should see whether you can complain first by using their complaints checker.
Newlyn PLC Contact Details
I’ve listed how to contact Newlyn PLC in the table below.