Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Good morning everyone.
I really need some advice re Equita/council tax.
I had letters regarding this years council tax and was unable to pay due to change of job and loss of earnings.
After getting a 'doorstep visit' I agreed, in September, to pay more than I could afford, which ended up putting me in more debt. Over 2 months I paid £285 off of a debt of £1020.
On Friday I got a letter telling me the bailiffs were coming this week to remove my goods unless I settled the £745 owed immediatly.
I looked through the site here and, yesterday, sent off the letter Zooman posted on the 'COUNCIL TAX AND bailiffs' post. I sent copies to both my council and to Equita. I offered to pay the balance at £61 a month for 11, and £71 on the 12th month.
This morning I have a note through the door from the bailiff I spoke to when making my previous payements, in another unsealed envelope. He 'attended today with the intention of removing my goods and chattels as are necessary to dishcharge the outstanding Council Tax Liability Order and any additional ENFORCMENT COSTS incurred.'
He will 're-attend my address with immediate effect and may REMOVE goods, even in my absence.'
Along with this he has put a 'NOTICE OF seizure AND INVENTORY OF GOODS'.
This has his bailiff reference number on it and basically states he will take a car from my drive, which is not registered to me, and the amount due today is £939.
Do I still sit and wait out the letter from yesterday? Does the liability order make a difference?
Any advice and confidence boosters would be gratefully recieved.
Thanks for ALL you do!
You state the car is not registered to you - is it registered to anyone whose name is on the liability order? If not then the levy is illegal and they cannot charge you for the levy fee (hence the increase in the monies owed!) Have you signed a Walking Possesion Order or ever allowed the bailiff in your home? If the answer is no then they cannot under any circumstances enter your home and remove goods, but they can enter through an unlocked door or open window. Though I suspect you do not have any windows open in this weather!
I would follow up your letter to the council, firstly to check they have received and secondly to see if they are happy to agree to the arrangement. The council may not agree to take it back but they can instruct the bailiff company to accept your proposal
Cheers foir that response.
The car that was on the drive is not registered to anyone linked to the poroperty at all and I am the only name on the liablilty order.
I have been re-reading the posts on bailiffs, I cannot remember the last time I left a door or window open, must be a few years, I am not sure if I am more aware of burgulars or bailiffs!!
I will give it another day or so for the council to get the letter to the right department and then I will try talking to them.
I understand the bailiff has attended before they will have recieved my letter, but got slightly worried they will try and return again.
I very much doubt the bailiff has been in - he would have been very proud of himself if he had!!!!!
They CANNOT break in, so dont worry about that, the biggest problem that I can see happening is that the council will want this sorted by the next financial year. The real key to getting the council to accept your argument is that come april you will have to start to pay next years council tax and you do not want to get behind on this payment therefore this is the most practical way for them to get there monies soonest.
That makes sense. A couple of years ago I was in a similar position and was scared into paying up and borrowing to do it. I am pretty sure it went into the next financial year though. Maybe I am on file as a repeat offender now...
Thanks a million for all your advice.
Firstly the maths isn't right! The sum they are demanding is unreasonable and you have paid £285 off of a debt of £1020.
Cheeky monkies.!
Ok, first you need to find out if the Bailiff that visited is certificated. By law they must be certificated to collect on council tax. So firstly I would telephone 0207 210 0516 ask for Denise Falkner giving the bailiffs name and company.
Post back after you find out as you can have the debt sent back to the Council if the Bailiff is found to be uncertificated. Will look out for your reply.
One Council makes it clear at least! So find out what the original debt is. Then you are in a better position to start arguing points so the abuse of unlawful fees doesn't continue.
Cheers, I have had some help via PM today and the bailiff is checked out and all above board.
All I can think I can do now is sit and wait to see their response to my letter they will have received this morning, unless you can suggest anything else.
Thanks for the advice.
Council Tax/Equita Today
were coming this week to remove my goods unless I settled the £745 owed immediatly.
Reply With Quote
