Equita Bailiffs re. Council Tax

[ohdearwhatshallido]

I hope somebody can help us. We have unpaid council tax with liability order. This was then passed to Equita. We have been receiving threatening letters re. a bailiff calling and today received the below....

We are to attend your property shortly to remove goods in connection to your unpaid council tax debt due to ......................... .......

We are in your area throughout the coming week and will enfource the liability order without any further notice which includes goods (including motor vehicles) which may be removed if you are not in attendance.

To avoid this action you must contact us immediately and make immediate arrangements to pay this debt now.

I've called them again today, like I have the last few times and they will refuse to make a payment plan. They said they can not stop the bailiffs from calling but any payments I make will look better on the file when the bailiff does call?

I take from reading other posts that if I don't let them in that they have no right to enter my home??? even with a liability order is this correct? Also if I don't park my car on my drive but away from my house what can they do about finding out if a car is mine and removing it? If we don't have a car we can't get to work and can't earn the money to pay the debts.

Any help I would be grateful for.

[rippedoffagain]

http://www.consumeractiongroup.co.uk...-bailiffs.html

[jules2002]

I am in serious need of help and/or advice. I have received several letters from Equita threatening removal of goods. They have now sent me a recommendation of condemnation to imprisonment. I URGENGLY need advice. I am in the process of going through an IVA who have advised me not to pay anything as it could counteract any IVAs. Please, Please Please help

[alexteh]

Jules, I recommend you start your own thread as you may get more help that way.

Is this a council tax debt because this would have to be classed a priority debt so you need to speak to whoever is doing your IVA about it but a couple of rules of thumb when dealing with bailiffs is NEVER to phone them and DO NOT let them into the house. Make sure all your windows are closed and locked too so they can't let themselves in.

Someone should be along soon to give you more advice about your specific situation but my understanding is that you cannot not pay council tax because they will take you to court.

If you are classed as vulnerable - on benefits, disabled, pregnant, etc. then there are very strict rules as to what they can do too but like I said, someone with more knowledge than me should be able to help.

[sequenci]

Originally Posted by jules2002

I am in serious need of help and/or advice. I have received several letters from Equita threatening removal of goods. They have now sent me a recommendation of condemnation to imprisonment. I URGENGLY need advice. I am in the process of going through an IVA who have advised me not to pay anything as it could counteract any IVAs. Please, Please Please help

what debt type is it?

council tax?

if it is then cancel the iva as it is probably the single most piece of ridiculous debt advice i've ever come across. please start your own thread, it seems you need decent assistance.

[jules2002]

Thanks for that sequencie but what do i do, i have spoken to equita who have said that the bayliffs could be round at any time, spoken to the iva people who have said that if they do turn up I should make a token payment, and they said they will speak to them again for me and phone me back. I am absolutely terrified and really do not know what to do. Need some helpful advice.

[alexteh]

Is it a council tax debt?

The bailiffs are unlikely to accept a token payment so your best bet is to ignore them when they come round for now. The IVA people sound like they don't have a clue what they are talking about so you are in the right place here - lots of experienced people on CAG who can help both with the bailiff problem and the debt problem generally so please don't panic. We do need information though if we're to help you!

The important first question to answer is whether you could be classed as a vulnerable person because if you are, you can get the bailiffs to back off straight away by informing the council that you are.

The next question is are you on benefits? If so, and it's a council tax debt, there is a specific maximum amount they can take (a few pounds a week i believe) to repay council tax arrears. Remember, nobody cannot force you to pay more than you can afford.

What I believe you should do is deal with this bailiff/council tax issue first - and we can help you! and then deal with the underlying debt problem. I'm not convinced from what you've told us so far that an IVA is necessarily in your best interest - you may be better off with a DMP or just managing it yourself and there are loads of people here who can help you but the first step is probably to CCA all of your creditors to ensure they have the right to collect the debt (you'd be amazed how many don't!).

In the meantime, DO NOT PHONE THE BAILIFF OR SPEAK TO THEM IF THEY PHONE. DO NOT ANSWER THE DOOR TO THEM. DO NOT LET THEM IN! If you have a car parked outside your house, park it a way away from there so they won't have the opportunity to try to levy on it. Remember, if you follow the advice above, the absolute most the bailiff will legally be allowed to charge is £24.50 for a 1st visit and £18 for a second so don't believe their BS. If/when they post something through your door, let us know what it says and we can advise further.

First things first though, we need you to let us know the answers to some of our questions!

Have a read through the bailiff forum and you'll find a ton more information about your situation too!

[ladders1962]

i am new to this forum, but i would ask anyone who has got any issues with the baliffs ,is to go onto the "what rights do baliffs have" web sites and judge for themselves what they can and can't do. a baliff cannot force entry into your home.they can gain access through an open door or window legally. If they bring A POLICE OFFICER WITH THEM, REMEMBER THIS IS ONLY TO KEEP THE PEACE.If you let them gain entry the first time, they are within their rights to gain entry by force th next time, even if you are not on your premises. do not be scared. after all, they are only human beings and not the law.

[The Golden Shot]

Hi, just need some advice please, this company have been sending letters to my address to someone, we have been sending them back unopened, this morning I thought whats this all about, i opened it and low and behold they are after unpaid council tax arrears from this person, I've phoned and tried to explain that they can not have access as i have firearms on the premises, the numpty on the other end said that i was threatening him which i found really odd as i had just tried to explain that the person that owes the money does not live here and they will not be allowed in, they have asked for a copy of a gas bill to prove who lives here, I don't feel that we should do this as they could look on the electoral role, and under data protection they could do what they like with the utility bill.

P.S. I've got the managers number if anyone wants it his name is Paul Saunders

[The Golden Shot]

Can anyone advise please, thanks in advance

[The Golden Shot]

Is there someone that could let me know if i'm doing the right thing

Cheers

[42man]

If it isn't you on the letters, keep sending them back....but it might be worth contacting Trading Standards and explaining the situation to them...

[FairPlay77]

Originally Posted by 42man

If it isn't you on the letters, keep sending them back....but it might be worth contacting Trading Standards and explaining the situation to them...

They will probably give up in the end and they certainly have no right to enter your premises. But if you want to intervene now to stop this flood of annoying correspondence, you could write to them on the following lines.

Dear Sir/Madam

You have continued to send me a flood of letters pertaining to ......,
who does not live at this address. I have already informed you of this fact by phone, yet you have continued to harass me with this mail.

I hereby inform you that I am no longer prepared to tolerate this abuse and that you are therefore instructed to cease this correspondence forthwith.

You are further ordered not to vist my premises or to attempt to contact me in any other way.

Should you continue this unlawful harassment, I shall have no choice but to take legal action against you.

Yours etc

[The Golden Shot]

Thanks for the advice chaps, my wife phoned the council and told them, they asked for a letter to be sent to the finance dept explaining that the person has never live here and they would then deal with it, i'll keep you informed if things change

[The Golden Shot]

well we got a letter from the Council saying they were sorry and that Equita have been told aswell so all sorted now

[lilclare26]

hi i really hope someone can help me i have had several letters from equita mainly formal notices but yesterday i recieved a removal order and a final notification (a warrant of commitment to prison) up until now i hadn't made contact with them but then i made the stupid mistake of phoning them only to be told that they wouldn't arrange a payment plan as i had already had sevral with them (which i haven't) i am a single mum of 2 boys and work the minimum of 16hrs per week not a greart income i am terrified of the bailiffs coming out and removing my goods which there is hardly anything worth taking but most of all i am terrfied that they will send me to prison with no one to look after my boys this whole situation is really starting to take its toll on me could somebody please please please help me!!!!

[42man]

Lilclare welcome to the CAG forums.....is it possible you can start a new thread here - http://www.consumeractiongroup.co.uk...riff-officers/ - if you can post up your predicament there - use the button 'New Thread' you will get some help and advice....