Help- equita craziness

[mikeg41]

Hi, I have a relatively small amount of outstanding Council Tax which was passed to equita. £150 was the original amount. I am now on Income Support and made an arrangement to pay £20 monthly last year which I kept up until December. I missed that months payment basically due to the cost of xmas. I also had my Income Support reduced for Social Fund deductions. I wrote to equita with a new proposal in January for £6.00 fortnightly and started the payments.

Now, from that one missed payment, all hell has broke loose. I've received threatening letters about goods being removed and even Prison Committal.
I sent a letter using template from here, saying I wouldn't let them, asking for breakdown of account etc.

Received the breakdown, £150 council tax, £68 bailiff costs. Amount owed £68. So, I've actually paid the original debt and just owe these costs.
I thought that would be the end of the matter, I continue to pay £6 fortnightly till the £68 is cleared. No such luck!

This morning, a knock at the door. I opened it becasue I'm expecting a parcel. But, it was a bailiff, came to remove goods. I explained that i have been paying, and, in fact, he had a list of my payments which he went through. He said I didn't pay in December, that's why he's here. And now, all of a sudden, I owe £256!! Where did that come from?!

Anyway, I shut the door on him, he mumbled something about 24hours and left a note.

I'm sitting here now shaking, not quite knowing where to turn.
I've read everything about what they can and can't do, but a couple of questions to put my mind at rest.

Can they take goods in my absence as his note suggests?
How can I get them off my back?
What can I do about the sudden rise in anount owed?

Thanks in advance, any advise appreciated.

I'll just add, though not relevant to the case, that I'm currently receiving treatment for Severe Depression and this has really put me back.

[tevion]

stop panicing, your not going to prison. you shouldnt even be paying the baliff. if you informed the bailiff tht you are on bennefits then he should pass it straight back to the council. contact your council and tell them whats going on. dont let them fob you off or give you any crap. ask to speak to a manager if they mess you around. inform them that bailiffs arent supposed to be used agaist people on bennefits, tell them that the bailiff is threatenig you with prison ( he has no authority to do this, scare tactic) remind them that council tax recovery charges are set by law (c nationdebtline website) you cant be charged for letters and you can only be charged for two visits. also remind the council that they are liable for the conduct of the bailiffs they employ. dont pay the bailiff any money and dont open your door to him if you dont want to. if he calls again, remind him you are on bennefits and that he should have passed it straight back to council, also remind him that recovery charges are set by law. the council can deduct arrears out of bennefits, i think its about 2.68 a week for council tax arrears. the baliffs charges are not collectable by courts or the council. dont take any grief off them.

[mikeg41]

Many thanks for that,
I've told them before(equita) in writing that I am in recipt of benefits. They never reply except with more threats. It's incredible what they can get away with. The letter he left this morning basically says he will remove goods in 24hrs whether or not I am at home! And if I don't call, that is deemed as refusal to pay. Ridiculous, I've never refused, I've sent cheques and they have been cashed.
Thank God I didn't let him in. Mind you, I live in a block with an entry system. He gained entry to the block by some other means, presumably via a neighbour, but has not been through MY door. Could he use that to say he's been in my flat?
I shall contact the council as advised.

[MizzPiggy]

Tevion is right. If you are receiving benefits, you can have the amount deducted from your benefits. Calling your local job centre will have them able to better advise.

I hope more people read this post.

A broken agreement of any sort with a Bailiff or their company does give them the right to charge a van fee as they are coming to collect and levy on goods on the basis that you have not paid and they are unsure if you will. So it is a legal charge.

Appreciated not a welcome charge, but one that is legal, which is why we explain to everyone if you are having a problem one month, try to inform the Bailiff company, if you don't make contact and tell them, they just presume you are defaulting with no intent to pay, and intent to pay is the key.

Alison

[mikeg41]

But, that's not what I have read about the fees. It says ' For one attendance with vehicle with a view to recover goods after the levy has been made'. But, no levy has been made. Besides, it's £200 they've added on, 3 times what I owe! Are you saying I have to accept that charge?

[i_spam]

you could send them a S.A.R - (Subject Access Request) adapt it for your own situation and post it off by recorded delivery fast !!!

[mikeg41]

Do I really have to pay £10 for that info? I could understand it with the bank charges, 6 years worth of statements, but this is much more basic. Don't I have a right to the info without having to pay for it?
I have asked for it, we'll see.

[i_spam]

You can send them this and then claim it back when issuing against them. Trust me they do not want to explain their charges to a district judge !!!

[tevion]

Originally Posted by mikeg41

But, that's not what I have read about the fees. It says ' For one attendance with vehicle with a view to recover goods after the levy has been made'. But, no levy has been made. Besides, it's £200 they've added on, 3 times what I owe! Are you saying I have to accept that charge?

no you dont have to accept the charge and gaining entrance to your block is not gaining entrance to your flat, so your goods have not been levied and there is no walking possession order. to be legally valid a walking possession order has to be signed. a bailiff turning up in a car is not the same as turning up in a van to remove goods. if a bailiff did turn up in a van, the costs have to be reasonable. this basicaly means if they charge £100 for the hire of a van but you can hire one in your area for £40, you can argue that the charge is unreasonable. anyway, he cant charge for a vehicle unless he gets in to your property and like i said cars dont count. speak to the council asap and dont pay the bailiff anything.
get the council to pull it back. if your ever in the situation again where the debt has been passed to a bailiff and the council say that you got to pay him and its out of their hands, pay on line to the council. the internet doesnt refuse payments and once the debt is paid to the council thats the end of it, no matter what the bailiff says. if original debt is paid then theres nothing to persue. however, cus you are on bennefits its different.
bailiffs shouldnt be used. get the warrent pulled back.

[mikeg41]

Just an update. I've been in touch with the council and my local councillor. The council have not taken the debt back but the recent fees have been 'waived'. They make it sound like they're doing it out of kindness, but the fees were unlawful anyway. They're happy to leave it with equita, at my current arrangement though the bailiff has been pulled off, without his fees
I also have a breakdown of the remaining charges. £22.50 1st Visit, £16.50 2nd Visit and £31.96 for a bounced cheque. Hmm, I did have a bounced cheque on one of my payments for £6.00 last year. But, I feel empowered now, surely I can get that charge dropped as well?

thanks all for your advice.

[The Watcher]

Originally Posted by tevion

if a bailiff did turn up in a van, the costs have to be reasonable. this basicaly means if they charge £100 for the hire of a van but you can hire one in your area for £40, you can argue that the charge is unreasonable.

How does anyone know whether they have hired one van - but charged several people (all in the same day) for it?