Equita Bailiffs - Council Tax Debt

[Just_me]

I just thought I'd post because I've had a lot of problems with the Bailiff at Equita and have just managed to get them to pass the debt back to the Council, which has taken so much pressure off me.

To cut a long story short, I've been in and out of hospital with a complicated pregnancy, so a liability order was issued because I was unable to deal with correspondence from the Council for Council Tax Arrears in time to stop it. Now, I explained this to them right from the outset and pleaded with them to take the debt back on the basis that my lack of contact was due to complications in my pregnancy and me not receiving correspondence in time because I was in hospital. The Council refused, leaving me to deal with the Equita Bailiff who used threats and intimidation to force me to agree to payments I couldn't afford to pay.

Two days ago I sent them this letter (personal information removed)

Dear Sirs

Re: xxx

I understand xxxx Council has appointed you to recover my Council Tax Liability arrears for the year 2007-2008.

I would like to make it known that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods. I also know the fees allowed under statute and when these fees can be applied.

Please send me an itemised statement of my account that clearly shows what charges have been added and what for. You are required in statute to supply this information and I look forward to this within 14 days.

Due to my circumstances I am unable to pay this debt in one payment. I understand there is currently £xxx outstanding. I advocate a payment schedule of 24 months with 23 monthly payments at £xxx and the balance of £xxx to be paid on the 24th month to cover the principle. I understand this may seem a long time but this is a realistic offer that is affordable to me and will allow me to pay future bills issued for Council Tax without them also falling into arrears. A greater amount would cause me real and actual hardship.

Please advise me on how you would like the payments made. My personal preference is payment by Standing Order. This will also negate further incidences of offered payments not being taken, through no fault of my own, as was the case in February 2008 when the Bailiff failed to administer £xxx that was offered to him via my debit card.

It should be noted that I am not at any point refusing to pay this debt but am only asking for a fair payment period considering my circumstances. If you are unable to accept my offer I will place the money aside each month until such a time as the Council take the account back into their management, when I will make payment of the set aside money to the them directly.

Please note that I am lone parent and currently 21 weeks pregnant with a diagnosed high risk pregnancy. I am therefore in a vulnerable position and would like to resolve this matter without any unnecessary stress, which could put my pregnancy at risk.

I believe that the Bailiff dealing with my case is xxxx, who has threatened me with imprisonment if this debt is not paid in full within 3 months. I intend to seek legal advice regarding this matter as I believe that xxx is misrepresenting his powers and being untruthful with the intention of intimidating me into making payments that I cannot afford. Additionally, I intend to report xxx's intimation to the County Court that issued him with his General Bailiff Certificate and therefore require the Court's full postal address and contact details together with xxx's full name as detailed on this license. Please ensure that this information is forthcoming as failure to provide it will be noted and also reported to the County Court for any action they consider appropriate.

I am sending the Council a copy of this letter and requesting that it be filed with my account for further reference.

I hope the above meets your approval and I look forward to your timely reply by letter.

Yours faithfully

I have just got off the phone with the Equita manager who has informed me that Equita do not feel it's appropriate for their company to deal with my case and is handing the debt back to the Council Revenue, which is what I wanted all along.

Basically, from what I gather, and I'm no expert, there are vulnerable categories that stop Bailiffs in their tracks and will force them to pass the debt back. It's worthwhile checking if you fall into one of these. In my circumstances the Council should have requested the debt back straight away because they were aware from the outset that my case was clearly unsuitable for Bailiff collection.

I hope that this helps anyone else who is having difficulties with a Bailiff company.

[Screw The Bailiff]

Send a letter based on this template to Equita, that'll keep them busy for the moment.

Get in touch with the LGO and tell them what you've just told me. You have grounds of making a complaint of misfeasance against the council. Ask the council in writing only to stop enforcement, you need a letter from the council declining that request. You will need it if you are later charged bailiffs fees (i'll advise how to reclaim bailiffs fees later if needed).

Add this paragraph in your letter to the council - it stops them saying - we didnt receive it.

This document is delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978 and therefore your responsibility and it's in your own interests this letter is handed to the relevant person within your organisation.

Remember NEVER open a door to abailiff, ALWAYS speak through the letterbox or a window and keep your car safe until this matter is resolved.

Keep us posted.

[Just_me]

Unfortunately, my original correspondence with the Council was verbal, so I have no proof that they were advised of the complications I was having with my pregnancy. Had I put it in writing, and the Council would have been obliged to take the debt back on the grounds that I'm in a vulnerable situation and there are strict guidelines regarding this. I wish I'd known this before!

Writing to the bailiff company and sending a copy to the council regarding my "high risk pregnancy" is the best thing I could have done. The bailiff company have passed my case back to the council within two days of receiving my letter and I am now free from further bailiff intimidation and able to make an affordable arrangement with the council directly.

I wish I'd had my wits about me when I initially discovered that a liability order had been served because I wouldn't have had to deal with the bailiffs at all. Wonderful thing hindsight isnt it? I guess at the time my priorities were more focused on the possibility of losing my baby, which is still unfortunately the case.

At least now I do not have the added stress of worrying about a bailiff calling to my home, which is such a relief.

The most annoying thing is, my very first (verbal) conversation with the bailiff started "I'm really sorry I haven't managed to get in touch with you sooner, I've been in hospital because I'm having serious complications with my pregnancy...". So, not only did the bailiff know that he was on dubious grounds, but he still went ahead with false threats and intimidation.

And, don't worry, I have proof of what I've paid to date. I know that the bailiff has not yet visited my premises and I will be scruitinising the charges once I receive them. That bailiff is not going to get away with how he treated me!

[Screw The Bailiff]

Originally Posted by Just_me

... when I initially discovered that a liability order had been served because I wouldn't have had to deal with the bailiffs at all. Wonderful thing hindsight isnt it?

If you were not told that the council was going to apply for a liability order then they did not follow Regulations 33 & 34 of the Council Tax (Administration and Enforcement) Regulations 1992. The law says you must be served with a summons (on a Form B) to appear before the court.

You are now entitled to ask the council to revoke the liability order because it they failed to follow regulations when applying for it. If thre council is uncooperative then ask the LGO to do it, they can award you compensation for your time and for your time in Discovery of Information. Its usally a token £100 compensation for a case like this.

[Just_me]

I honestly don't know whether the Council advised me they were applying for the liability order or whether I was served with the summons on a form b because I didn't have chance to open my post due to being in and out of hospital.

By the time I was able to deal with my post, most of it was thrown away because of sheer volume. I'd been told that they couldn't find a heart beat for my baby and had pretty much been sent home until I spontaniously miscarried pending further tests. I was in a terrible emotional state and just binned the majority of my mail without even opening it. I realise that was stupid, but I wasn't thinking properly at the time and was far from rational.

It was only by chance that I noticed the original bailiff letter, otherwise the first I wouldn't have even know the bailiff company was dealing with this case at all would have been upon their first visit

The council could argue they followed the correct proceedure and I have no way of disputing that because I honestly don't know. My bad!

[Screw The Bailiff]

Go to the LGO, you have exceptional medical circumstances and bailiffs (I see Equita have asknowledged this) are regulated to determine whether a debtor has a medical condition. You deffo have grounds to pull the council on misfeasance at the very least. You may get compensation.

[tomtubby]

A little confused. Just Me in her first post confirmed that she had sent a letter to the bailiff company and the response to that letter was to say that they have sent the case back to the council. This great news.

Why then should she send another template letter to the bailiff co ?

[chris600uk]

It looks as if STB is trying to get the OP to put the boot in!