help please - dire situation with Equita (complete lunacy!)

[gigglemal]

Hi

I'd be grateful for any advice on how to resolve a situation with Equita.

Basically, I had arrears with council tax that I (foolishly) paid direct to bailiff on visits, then I realised that the amounts being paid didn't correlate to the charges they can levy, or the amount of debt passed to them by the council. I'm sure all this is par for the course with regards to them, but eventually I repaid the amount by dealing with council direct after several complaints.

Like most people, I found Equita unhelpful, deliberately evasive, threatening, unethical etc. Once I tried raising the issue with their complaints department I received a basic reply ignoring all my issues. However, as the debt was settled I tended to take the path of least resistance (despite my better nature telling me I should have pursued the 'right' options as folks on here have in terms of S.A.R - (Subject Access Request) and reclamation) as I had lots else going on in my life at that time that it would have detracted me from.

Since then, I have rented an office for my business and the arrears for the business rates have been passed to them. Of course I should have paid regularly to the council, but when I approached them they told me it was too late and it was passed to Equita.

First thing I know was a letter posted under door of office demanding payment in full, no previous correspondence received by them. Deja Vu - first visit, claim for van, spurious amount due etc. etc. So, trying to avoid previous issues (caused mainly by dealing direct with the bailiff) I called them, but was informed to only deal with bailiff. Despite repeating my reasons for not wanting to do, I just kept getting the stock reply. I then contacted the council, again they told me to speak with Equita. Stuck in Catch 22, I then rang the bailiff, who basically said I didn't want to pay and he'd come and sort this out 'face to face'.

Utterly frustrated, I Emailed their complaints line and (with the help of a template letter on here) listed my complaint, my reasoning and proposed a payment schedule. Eventually I received a photocopied, brief reply completely deflecting any wrong-doing and stating I had to deal with the bailiff direct and PAY IN FULL now.

In the letter, I'd asked for proof of certification of the bailiff - as I had with the previous complaint - and was just told 'they are registered'. Once again, I'd asked for a statement of charges, again I was ignored.

How do these people continue working, given they completely ignore customers? I've taken it up with the council and all I got was 'deal with them, we know they're bad and abusive, but we can't do anything about it' kinda line.

I really want to get this resolved, in a fair and reasonable way, but it's far from simple. There must be some form of arbitration or middle way, as it's lunacy at present. I really want to avoid any conflict, or dealing with the bailiff, and I've copied the council in on all correspondence.

My gut feeling is to redirect their reply back to the council, and ask for their intervention. As it is, I'm avoiding go to my office as I just don't want the hassle or a showdown, as I know the situation will just detoriate.

However, as my office is in a complex whereby it is relatively easy for someone to walk in off the street - as there is no obvious reception/screening or secure area - I'm fearful of what steps they may take next. They may try and blag the landlord into accessing the office, and take my goods for instance?

What rights have I got if I do go to my office, and if they do enter, could they class that as a walk-in possession? I've heard before never to let them over the threshold, but what is that classed in a shared business premises? As it is, I have to go to office tomorrow - and despite balance of probability being that they won't be there at the same time as myself - I can only think the safe way is keeping the office door locked/shut.

In the meantime, I want to contact the council as it's clear I'm going to get no joy with Equita. Secondly, this has motivated me now to go 'full metal jacket' for Equita in terms of preparing a case - including getting all screen scrapes for all payments/costs - and complaining to whatever avenue is open to me.

I'm unsure whether the rules are different for business rates, but I'm hopeful that by appealing to council as I did before, they can allow intervention - especially if I pay them in full - and then just pay Equita their costs based on proof of visit (so far I can only see they have slipped a stock letter under my office door as one visit).

Any help would be gratefully appreciated....

[tomtubby]

Just remember that BEFORE a bailiff has levied upon goods you are legally entitled to transfer, sell or even hide any asets that you have.

There is a very simple Statutory Declaration that you need to sign for this.

Can you pm me with the name of the bailiff so that I can search the datatbase for you. Can you also let me know who you have addressed the letter to at Equita.

[gigglemal]

Could anyone advise me on what to do with regard to this issue?

Since my last post I left a note on my office door for the Equita bailiff (as I hardly vist there during day, more out of hours/evening).

I also sent a letter reply to them, and Email reply asking for their guidance, with regard to a breakdown of charges and the problems I've had dealing with their bailiff. I asked for certification to be produced (they haven't), plus a breakdown of charges (they haven't) and also explained I'm totally willing to pay my arrears and their scheduled charges once this is provided. However, I have also expressed a reluctance to deal with the bailiff directly due to his attitude and also previous problems, but they say there is no alternative process and can't deal with cases from office!

To date I've had no written response, but now they've visited - left original letter - and posted another one saying I've 24 hours (whilst not even looking at first letter).

I really, utterly have no idea what to do as I'm going round in circles.

To recap, I'd previous bad experience dealing with Equita as they will only let you deal with the bailiff direct, and I (stupidly) overpaid last time, plus there was also an issue with certification - I didn't believe he was certified for the period I paid (they only sent certs for Jan onwards).

They've ignored my complaints, so I guess only option to do is copy in the council when I respond, and ask for screen scrapes of ALL accounts to date. I'm not getting anywhere as they are either ignorant or daft.

Any help would be gratefully recevied,

With thanks

[WWOW]

Send the bailiff a Subject Access Request enclosing a cheque for £10. Scan a copy of the cheque showing the cheque number and date.

Name of firm of bailiffs
FAO the Data Controller
Address 1
Address 2
Address 3
Address 4

[DATE]

Dear Sir/Madam

Re: [YOUR NAME + ANY REF]: Data Access Request & opportunity to mitigate incorrect fees

I write pursuant to Section 7 of the Data Protection Act 1998 and enclose payment of £10 the maximum prescribed under the Act and request you send me the following seven points.

a) The name and address of the court that certificated the bailiff who acts in this matter

b) The certificate number of the aforementioned bailiff

d) All letters documents emails comments faxes personal opinions memos and other related information which would qualify as information defined under the Act.

c) Written confirmation your fees of £[AMOUNT] and confirm they are truthfully compliant with legally prescribed bailiffs fees namely Regulation 3(c) of the Non-Domestic Rating (Collection and Enforcement) (Amendment and Miscellaneous Provision) Regulations 1993

d) The name and address of the person or body who instructed you and the date of instruction.

e) An itemised breakdown of all the fees charges orders costs and other monies that make up the total obtained by your bailiff being £[AMOUNT]

f) A detail showing how much and on what dates I paid you and how much you have paid on to the creditor.

I appreciate the Act allows you 40 days to fulfill this request but I look forward to receiving the above at your earliest convenience.

I now give you an opportunity to examine whether your bailiff has charged fees correctly and truthfully compliant with the law prescribing bailiffs fees. If an irregularity is found, you must fully refund me in the next seven days from the date of this letter along with a written explanation why I was overcharged. If we later find an irregularity then I will automatically file a Form 4 complaint at the bailiff’s certificating court for committing an offence under Sections 1 to 5 of the Fraud Act 2006. This may also involve a criminal investigation by police and your firm’s director may be liable for benefiting from a money transfer originating from criminal activity.

This document is delivered by Royal Mail and I deem it good service on you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is now your responsibility and in your own interests this letter is handed to the relevant person within your organisation. I regret I am unable to discuss this matter by telephone or in person.

Yours Sincerely


YOUR NAME

For future reference, if the bailiffs fail to comply with any of the seven points in the request then you can reclaim the total amount paid to the bailiffs hitherto in the small claims track. Sign up of money claim online here: https://www.moneyclaim.gov.uk/csmco/login_pass_yes01.jsp

And in the particulars of claim, enter:

On [DATE] I was charged by the defendant, a firm of bailiffs the sum of £[AMOUNT] as fees, charges and unknown items and threatened me with penalties if I failed to pay according to a deadline. Their fees and charges are inconsistent with Regulation 3(c) of the Non-Domestic Rating (Collection and Enforcement) (Amendment and Miscellaneous Provision) Regulations 1993. I sent the defendant a Subject Access Request under Section 7 of the Data Protection Act 1998 enclosing a £10 cheque numbered [NUMBER] which was cashed on [DATE]. The defendant failed to comply within the prescribed time limit and I have tried to seek a reasonable resolve with the defendant who refuses to cooperate. I ask the defendant to may me the sum of £[AMOUNT] plus statutory interest from [DATE] under Section 69 of the County Courts Act 1984 plus costs allowed by the court.

If a bailiff turns up, hand this to him through an open window. NEVER open the door. NEVER confirm or admit your name and address (unless an on-duty police officer is asking you). Tell him you can’t answer any questions. Ask him to leave quietly.

To: [NAME OF BAILIFF]

BY HAND

[DATE]

Dear Sir/Madam

Re: Your visit to [ADDRESS AND POSTCODE]

The council appears to have instructed you to recover arrears from me.

This letter gives you notice that you are not being denied peaceful entry to my home or to levy goods contained within and I will not be signing anything for you. This notice revokes your eligibility to charge a Walking Possessions fee or other fee relating to the handling of goods.

Due to my circumstances I am unable to pay the debt as you demanded because it is unrealistic. I have sent an affordable payment direct to the council along with a written schedule of repayments.

Please be advised it is not a "criminal offence" for me to deny a bailiff entry to my property, if you suggest to me otherwise I will automatically report you to the police and you may receive a criminal record.

Meanwhile please provide me with a written breakdown of your fees you have demanded and put it through the letterbox and quietly leave the property. If your fees contradict those prescribed by law I will automatically file a Form 4 complaint against you at your certificating court for attempting to defraud me under Sections 2 and 4 of the Fraud Act 2006.

This document was passed to you by hand, and a photograph using a mobile phone has just been taken showing you standing outside the above address reading it.

Yours Faithfully


YOUR NAME

And send this to the council

Name of Council
Address 1
Address 2
Address 3
Address 4

[DATE]

Dear Sir/Madam

Re: [YOUR NAME & ANY REF]: Visit by your bailiff on [DATE] complaint stage 1


On [DATE] I was visited by your bailiff collecting unpaid council tax. We were unable to reach an amicable resolve and the bailiff showed threatening behaviour and became vexatious in nature.

On [DATE] I asked you the council to take the case back from the bailiffs because I had already making regular payments to clear the arrears, and my request was declined.

I now ask the council to:

a) Take the case back from the bailiff.
b) Accept my original offer to pay £[AMOUNT] a week to clear the arrears
c) Pay me a reasonable compensation for my inconvenience and for my efforts in seeking discovery of information and
d) Receiving an over-zealous bailiff acting for you making unrealistic demands of money.

If you fail to satisfactorily complete the above I will automatically escalate the complaint to the Local Government Ombudsman in fourteen days from the date of this letter.

Due to my circumstances I am unable to pay the debt as demanded by the bailiffs and I will make payment of £[AMOUNT] each month for [NUMBER OF] monthly installments with a final installment of £[AMOUNT]. This may seem a long time but it's all I can afford and allows me to pay future liabilities without falling into arrears. I confirm I am not refusing to pay this debt.

This letter 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. It is your responsibility and in your own interests this letter is handed to the relevant person within your organisation.

Yours Sincerely

[NAME]
Enc 1st payment.

[WWOW]

Originally Posted by gigglemal

I (stupidly) overpaid last time, plus there was also an issue with certification - I didn't believe he was certified for the period I paid (they only sent certs for Jan onwards).

They've ignored my complaints,

If you are certain the bailiff has defrauded you then you can make an official complaint against the bailiff by completing a Form 4: http://www.hmcourts-service.gov.uk/c...form4_0606.pdf

Details of Complaint. Tweak as necessary & have ducks in a row before shooting.

On [DATE] I was visited by the bailiff collecting unpaid business rates. He demanded £[AMOUNT] of which his fees were £[AMOUNT]. He continued by saying he would charge more fees if the debtor fails to pay his existing fees according to further deadlines.

The bailiff’s fees are inconsistent with Regulation 3(c) of the Non-Domestic Rating (Collection and Enforcement) (Amendment and Miscellaneous Provision) Regulations 1993 and I understand defrauding a debtor in this way is an offence under Section 2 and 4 of the Fraud Act 2006.

I have tried to reach an amicable resolve wit the bailiff and his form but they have become defensive and vexatious in nature.

I ask that I am compensated the sum of £[AMOUNT PAID TO BAILIFF] and reasonable costs in seeking discovery of information and bringing this matter to court

[tomtubby]

In my earlier post I did mention a Statutory Declaration. Did you consider this?

[gigglemal]

Hey folks

Thanks for the quick response - much appreciated !

I did consider a Statutory Declaration, but TBH the way they've ignored everything I considered this would be a secondary approach. However, I will look further into it, but my initial feeling would be if I did the SD they'd ignore it and I'd rather concentrate on trying to clarify my case then settling the amount. I don't intend not paying & feel the SD would be more a brinksmanship situation. Ideally, I'd rather go back to the council, pay the arrears directly and then address my claim direct with Equita. I feel that I've exercised more than enough patience and goodwill towards them, and ideally I'm looking to avoid dealing unless absolutely neccessary. If I can pay direct to council I'm happy, after all I've copied them in on all the correspondence.

I'm going to speak to the landlord of my offices to ensure they don't try any tricks with him and enter my offices without my permission.

One problem I do have is I work remotely/away from offices a lot, that's why I had to leave letter on my office door.

I'm also going to speak to council today and let them know I've exhausted every reasonable option with equita I feel. Ideally, I will clarify exactly what my arrears are and enable payment directly if possible.

With regard to the lengthy & informative reponse for the templates, I'm deeply grateful for your help. I will re-read and work on amending templates for my case and use them a valuable resource in my fight against the dark side.

I'm sure Equita are purposefully ignorant, surely they can't be so dumb as it seems in this instance? Is it a coincidence that they are 'wrong the right way' in that by constantly keep repeating their mantras to only deal with bailiff, and to ignore any other approach, people will ultimately fall victim to the issues I have

[WWOW]

Originally Posted by gigglemal

... but TBH the way they've ignored everything...

Originally Posted by gigglemal

my initial feeling would be if I did the SD they'd ignore it and I'd rather concentrate on trying to clarify my case then settling the amount.

It looks like you are a victim of misfeasance. Make a Stage 1 complaint in writing and ask they pay you compensaation. Go to the Local Government Ombudsman if rebuked.

Originally Posted by gigglemal

I'm going to speak to the landlord of my offices to ensure they don't try any tricks with him and enter my offices without my permission.

They can enter your property without permission - peacefully. They cannot commit breaking & entering or contradict the Criminal Damage Act 1971.

Originally Posted by gigglemal

I will clarify exactly what my arrears are and enable payment directly if possible.

Do this in writing only otherwise they can renege on anything discussed. If you HAVE to meet with them, take a witness and set your phone to record and put it into your top pocket. Make a transcript afterwards and write down the name of the person you speak to. Make a S.A.R letter based on the above & hand it to them if you feel you are getting nowhere. Ask them and the Local Government Ombudsman to halt bailiff action until the request is fulfilled.

Originally Posted by gigglemal

I'm sure Equita are purposefully ignorant,

Add this to your Stage 1 complaint, ask for compensation for receiving a vexatious bailiff.

Originally Posted by gigglemal

surely they can't be so dumb as it seems in this instance? Is it a coincidence that they are 'wrong the right way' in that by constantly keep repeating their mantras to only deal with bailiff,

The law says you have to settle the debt and provide information to the council when requested. It doesn't say you have to do business with a bailiff. If the council tells you otherwise then go to the LGO.