Equita Enforcement

[andyford2000]

just need peoples thoughts into this before I start tackling Equita

Is it true that Equita or any other bailiff can enforce for their fees alone. I have had contradicting therios on this.

i settled my bill directly with the council and now equita are trying to enforce for their fees, is this right or can i tell them were to go.

[Screw The Bailiff]

No they cant enforce for their fees alone. You can file a Form 4 complaint against the bailiff for misuse of his powers if he tells you otherwise.

[andyford2000]

if this is the case, is there any template letter i can send equita or the council regarding this to stop them hasling me

[chris600uk]

Originally Posted by Screw The Bailiff

No they cant enforce for their fees alone

There are no valid contradicting theories, providing they have not seized/removed any goods.

You tell them where to go, but do it nicely in an email, backed up by a letter sent by recorded delivery. saying something like:

Dear whoever,

Re: council tax payment reference:********* and the payment of (whatever it said on the liability order) paid directly on the (date), (receipt or transaction number)

I would like to draw your attention to the provisions of:

The Council Tax (Administration and Enforcement) Regulations 1992
Distress
45.—(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

If you believe that the charges you refer to are legitimate, please provide the name of the bailiff, the court at which he was certified, the date you believe the visit took place which vehicle was used and what the fee consists of (please provide receipts where necessary).

If there is any further attempt to enforce the liability order dated (date) I will be forced to complain to the council, and the court that granted the liability order,

I remain,

yours sincerely,

Or words to that effect, simple really.

Don't talk to them, do everything in writing.

[andyford2000]

many thanks Chris, slight ammendment to you original letter, how does this look

Dear R Nielsen,

Re: council tax payment referencexxxxxxxxx and the payment of £903.08p paid directly on the 5th February 2008.

I would like to draw your attention to the provisions of:

The Council Tax (Administration and Enforcement) Regulations 1992
Distress
45.—(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

If you believe that the charges you refer to are legitimate, please provide the name of the bailiff, the court at which he was certified, the date you believe the visit took place which vehicle was used and what the fee consists of (please provide receipts where necessary).

If there is any further attempt to enforce the liability order dated 22nd October 2007 I will be forced to complain to the council, and the court that granted the liability order.

I would also like to draw you attention to form 4, Complaint against a certificated bailiff (06.06) with regards the conduct and falsified walking possession order obtained during Mr. Withers visit on 10th December 2007 which has been forwarded to Northampton County Court today 10th March 2008.

I remain,

yours sincerely,

[chris600uk]

Looks good to me.

Once they've received that, you will look very reasonable making a complaint if they threaten you with enforcement, which is why they probably won't bother.

[andyford2000]

well i have had a reply back from Equita on saturday, saying basically that they will drop all costs apart from the original £24.50 for the first visit from their bailiff provided it is paid within 10days. they have also said that they will be defending their bailiff robustly should they be approached by the court.

bearing in mind that they did say in an email that i wouldnt be charged for that visit and they were going to carryout and investigation.

me thinks i should just pay the £24.50 and be rid of them, what are the thoughts of others

[andyford2000]

bugger it, didnt pay it and quoted their orignal email saying i wasnt being charge for first visit as i had complained. they caved in and cancelled all costs incurred by their unlawful pursuing of costs, they didnt have a leg to stand on. thanks to everyone for the help and guidance

still havent heard anything back from northampton county court on this mater though. be hey

Andy 1 - 0 Bailiffs

in the back on the net,,,,,,,,,,,,result