Peterborough city council - Equita

[MissConfused]

Hi Guys,
Just need a bit of advice. Today I received 3 letters, all from our friends Equita, all dated on the same day, 03/03/2008.

All 3 letters were sent to my previous address, relating to an address I haven't lived at for about 4 years (honestly thought the account was settled).

I phoned up the council for a start, mainly because I was less than impressed with the tone of the letters.

"Failure to discharge this debt will result in our bayliff calling without further notice to enforce the order by seizing your goods, which will be sold at public auction, this will involve considerable costs which will also because payable by you".

Yet a further letter received (dated the same day, same reference number said "Our recovery officers have been unable to make contact with you at home. I have therefore arranged for them to be in your area with a removal contractor during the course of the next two weeks.

I would request that you contact me on the number below to confirm which day will be most convinient (HOW ABOUT NEVER!). If I do not hear from you I will arrange for them to call without further notice between the hours of 8am and 8pm to remove your goods to cover the outstanding amount. and it goes on.....

Anyway, if both letters relating to same debt, dated same day....when did they try and make contact? Secondly I don't live at the address they are sending these letters to - my parents do.

I phoned the Council today, spoke to a very helpful lady. Advised her that if I am liable for the debt, I will by all means make an arrangement to pay, but I want to pay direct to themselves as I didn't appreciate the tone of the Bayliff letter. I am a young single mum, and don't need the worry of these people finding out where I live, coming round, making threats, taking my car etc.

The lady looked into the debt further, and said the bill is for the dates of feb 03 to aug 04. I advised her I moved out of the property in June 04, so she requested proof of this - tenancy agreement - I don't have this document anymore, so what should I do?

She said that upon receipt of this, the debt will get passed back to the recovery section for them to deal with. I then phoned Equita and the woman couldn't have been any ruder if she'd tried. Told me the bayliff was due at some point in the next 48 hours and to ring him. Rang him, who was surprisingly pleasent and advised him what the Council lady had said. Basically he said fine, he would hold off from anything else until he'd heard either way.

So......just wondered what I should do?? Shall I start making payments on the council website? Any help and suggestions appreciated.

Sorry about the length and the rant, just don't see the need for bayliff bullying tactics.

[UK26]

I,'m having the same problem with Equita

Have they added any fees to your account yet? around £42.50

If so, have they made any visits yet

[MissConfused]

Hi
Its Peterborough City Council.

[MissConfused]

I don't know anything about fees at the moment. I have 3 letters from them, 2 of them have different account numbers, different amounts at the same address.
Am just wondering what to do next, I need supporting documentation to prove I wasn't at the address for the period they are saying for a start.

Secondly I need to hide my car! Because without that, I can't get into work, then what will they do, won't have any money to pay anybody with!

[Screw The Bailiff]

Originally Posted by MissConfused

Hi Guys,
Just need a bit of advice. Today I received 3 letters, all from our friends Equita, all dated on the same day, 03/03/2008.

Regulation 45(2)(b) of The Council Tax (Administration and Enforcement) Regulations 1992 does not provide for bailiffs to charge a letter fee for unpaid council tax.

Originally Posted by MissConfused

The lady looked into the debt further, and said the bill is for the dates of feb 03 to aug 04. I advised her I moved out of the property in June 04, so she requested proof of this - tenancy agreement - I don't have this document anymore, so what should I do?

Tell the council the burden of proof whether or not a liable person was living at a chargeable property is with the council. Just tell the you were not living there on the dates the council is claiming. That should suffice.

Originally Posted by MissConfused

She said that upon receipt of this, the debt will get passed back to the recovery section for them to deal with. I then phoned Equita and the woman couldn't have been any ruder if she'd tried. Told me the bayliff was due at some point in the next 48 hours and to ring him. Rang him, who was surprisingly pleasent and advised him what the Council lady had said. Basically he said fine, he would hold off from anything else until he'd heard either way.

NEVER phone a bailiff, prepare a letter based on this template and hand it to a bailiff though a window if one turns up. It revokes an entitlement to charge a walking possession fee and an attending to remove fee.

Originally Posted by MissConfused

So......just wondered what I should do?? Shall I start making payments on the council website? Any help and suggestions appreciated.

Yes, if it will allow you, consider doing a Magicians Choice if this council is local. It should get you off the bailiffs fees.

Originally Posted by MissConfused

Sorry about the length and the rant, just don't see the need for bayliff bullying tactics.

I'd get a complaint off to the LGO for misfeasance and trying to pass burden of proof to you when raising a liability for council tax.

[UK26]

Hi MissConfused

For start, try not to use the telephone to contact the Bailiff as you will need proof you have made them aware, that you may have a dispute.

Sent them letters or emails at least you have evidance.

Here are some usful email addresses

complaints@peterborough.g ov.uk
jen.cann@hmcourts-service.gsi.gov.uk
sheila.halliwell@peterbor ough.gov.uk
Shirley.Pleszkan@peterbor ough.gov.uk

Ask the council to put your account with Equita on hold while your complaint is investigated.

[EDIT]

try and obtain a copy of your contract from your lanloard for your previous address and submit this as evidance.


Here is my topic regarding Peterborough city Council

Peterborough City Council & Equita

I will be following your topic with great Interest

Regards

Dave

[MissConfused]

Hiya,
Thanks for your response, firstly I didn't realise that proving I was no longer living there was the actual Council's resposibility. The lady I spoke with, seemed so nice and helpful I was just inclined to believe her. Shall I give them a call tomorrow and put this to them?

Secondly, I again didn't realise never to speak with a Bayliff. Would it be wise to have that letter (above) on standby incase he turns up? The worrying thing is, if he turns up, it will be to my parents address, and I don't want him to start intimidation on them, hardly fair is it, or force them somehow to give him my new address - can he do this? or do they have to?

I have looked at that Magicians choice - I could give it a go, and yes making payments via the website will work, because I have just this minute done it for something similar. (Seems that just recently I have had a lot of letters requesting payments for something or another turn up - I don't recognise half of them so will be sending the CCA letter out- a story for another thread!)

Thanks for your help so far.

[Screw The Bailiff]

Originally Posted by MissConfused

Hiya,
Thanks for your response, firstly I didn't realise that proving I was no longer living there was the actual Council's resposibility. The lady I spoke with, seemed so nice and helpful I was just inclined to believe her. Shall I give them a call tomorrow and put this to them?

If you went to the LGO, that'll be their position.

Originally Posted by MissConfused

Secondly, I again didn't realise never to speak with a Bayliff. Would it be wise to have that letter (above) on standby incase he turns up?

Yes

Originally Posted by MissConfused

The worrying thing is, if he turns up, it will be to my parents address, and I don't want him to start intimidation on them, hardly fair is it,

The bailiff cannot levy on your parents goods. Prepare this letter just in case. It lays claim your parents goods do not belong to you and cannot be levied upon.

Originally Posted by MissConfused

or force them somehow to give him my new address - can he do this? or do they have to?

If the bailiff doesnt know your current address then it might thwart enforcement because your parents have no obligation to tell him your address and the case returns to the council as nulla-bona gone away. The council might look you up on CitizenView which gives your current address you currently pay council tax. The enforcement cycle continues.

Between you and I and the gatepost, just tell the council you didnt live there on the dates they have raised a liability and the case closes. Contact LGO if the council gets awkward about it and you can ask for compensation for dealing with a vexatious council.

Originally Posted by MissConfused

I have looked at that Magicians choice - I could give it a go, and yes making payments via the website will work, because I have just this minute done it for something similar. (Seems that just recently I have had a lot of letters requesting payments for something or another turn up - I don't recognise half of them so will be sending the CCA letter out- a story for another thread!)

Thanks for your help so far.

[MissConfused]

STB - Thank you for your assistance, I will get a complaint off to the LGO first thing tomorrow morning. (Will keep all copies of emails sent too).

The letter you suggested I have on standby incase Mr Bayliff turns up - i can't open the link too it, any chance you could copy the letter itself into here for me?

I have prepared the other letter - the one stating I have no claim on my parents goods, and will have this ready also. There is a lot to remember isn't there. I hope I get it right.

As for the case closing, I tried that earlier. I kept telling the lady that I moved out in June but she kept saying she needs proof! Once they have proof, they will take the case from the bayliff and pass it to recovery - i guess for the difference - if there is any? Anyhow, I will get back on to them somehow, and see what they have to say.

Thanks again for your help so far.

[UK26]

Originally Posted by Screw The Bailiff

Between you and I and the gatepost, just tell the council you didnt live there on the dates they have raised a liability and the case closes. Contact LGO if the council gets awkward about it and you can ask for compensation for dealing with a vexatious council.

compensation for dealing with a vexatious council thats
Interesting, with what they have done to me, and the very small amount of council tax amount owed, the compensation would exceed the debt.

Would this not then be using other tax payers money.

Could it not be better for the court and tax payers, to make the council undertake new enforcement policys?

and for the court to obtain more information when the council seeks orders for unpaid council tax.

compensation is good for the individual but does not solve the bigger issue. A Council breaking the law, which would need to be addressed.

I speak for my self here, but i personally are not taking legal action in order to get compensation, and i never actually knew i could, but my legal action againts the council would be 1. to solve my issue, 2. To make the council understand, we as people have rights, and there actions are taking our legal rights away in working in such a way.

I hope The council and the employees who would not help with my case lose there jobs. ( thats the direction i will be heading ) There jobs, or referral to House of Commons for more legal action.

[MissConfused]

Well firstly they AREN'T taking anything that belongs to me. I'm not saying I won't pay them, because if it turns out when the dispute is sorted, I still owe them some, i'll gladly pay it. If I get the slightest hint of a bayliff trying to set foot in my house, there'll be hell to pay. Do not want my daughter upset by any threats/actions he may take/say. (My brother used to be a door man, knew he'd come in handy one day!)

Oh and the lady at the council said to phone to bayliff company to tell them that there is a dispute - which is what I did earlier this afternoon, the company itself and the actual bayliff. So I am assuming, and hopefully not incorrectly, that he will stop chasing/put it on hold until further notice.

I don't know whether to start making payments online, but don't really want to because of the disputed amount and also because the debt is in joint names.

[Screw The Bailiff]

Originally Posted by MissConfused

Well firstly they AREN'T taking anything that belongs to me. I'm not saying I won't pay them, because if it turns out when the dispeute is sorted, I still owe them some, i'll gladly pay it. If I get the slightest hint of a bayliff trying to set foot in my house, there'll be hell to pay. Do not want my daughter upset by any threats/actions he may take/say. (My brother used to be a door man, knew he'd come in handy one day!)

Dont go there.

Originally Posted by MissConfused

Oh and the lady at the council said to phone to bayliff company to tell them that there is a dispute

instructing the bailiffs is the councils responsibility and the council is liable for the bailiffs actions - including refund fees you have been overcharged.

Originally Posted by MissConfused

- which is what I did earlier this afternoon, the company itself and the actual bayliff. So I am assuming, and hopefully not incorrectly, that he will stop chasing/put it on hold until further notice.

Only the council or the LGO can stop enforcement.

Originally Posted by MissConfused

I don't know whether to start making payments online, but don't really want to because of the disputed amount and also because the debt is in joint names.

Pay what you know is owed and dispute the rest in writing, involve the LGO.

[UK26]

Screw The Bailiff Ive been advised from the issuing court, of the order the council obtained. that i should start any legal action at the County Court.

Is there a order i can obtain from the county court, to force the council to stop what they are doing, if view of all our valid defences and to protect us from such the council and equita.

Listen to this guys
http://www.benwell.clara.co.uk/Peter...-Record002.amr

The council, claiming, they dont have to prove there case, we have to prove our cases concerning equita

if the council has a duty of care, shoud they not investigate, when made aware of a dispute?

Regards

Dave

[Saffronflowers]

Just a quicky if you were living at your parents address why are they chasing you for council tax?

Sfx

[Screw The Bailiff]

File a claim online in the small claims track against the council for enforcing payment of fees pretending it to be council tax. Also file a complaint of misfeasance with the LGO.

Particulars of claim (roughly)

The defendant charged me fees pretending it was a council tax liability and enforced payment from the claimant as though it was council tax under Regulation 32 of the Council Tax (Administration and Enforcement) Regulations 1992 while no contract existed requiring me to pay such a fee while I owed no council tax or arrears. I claim a refund of £[AMOUNT] plus costs allowed by the court.