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.
I owed 473 council tax , equita bailiffs contacted me by letter and said they wanted the full sum , i phoned them and was told if i paid 40 it would stop the bailiffs coming. I did this and then phoned them up and asked what to do next, I was told pay as much as i can when I can. A week later the bailiff put a letter through my door demanding 622 , 433 for original debt 188 for bailiffs fees . I went to CAB ,they told me i had to pay. I phoned bailiff told him i could raise 480 now and pay the rest over a month.He accepted this and said he would be here today to collect it.He didnt turn up , i called him and he said he would be here friday, i asked if there be anymore charges , he promised there would not be. After some of the horror stories ive read on here can i trust him?
Hi Natasha,
i would be vary wary and wouldnt trut them as far as i cold throw them...Equita are notorious for inflating there charges and for hitting you with what are essentially fictitious charges... there are specific charges laid down by law that they are allowed to charges..
bailiffs have to be certificated to collect council tax..so establish if the bailiff has a current valid cetrificate and registered as working for equita... he has to provide this onformation and you can veirfy this is correct with the courts
make all communication in writing...
there are certain charges they are allowd to make ,for instance £20 for first visit, £15 for second visit... and they can only charge for two visits, so i would challenge the charges he is listing and ask for a complete Breakdown of these charges...
if he calls do not let him in.. keep all doors and windows closed and locked....
there is nothing to stop you paying the council directly.. they dont like you to once they have let equita loose but they cant stop you.. whne equita were chasing me i paid all money directly to the council.. write to your council and see i fthey will take the debt back under there control...
I understand xxx Council has appointed you to recover my Council Tax Liability arrears for xxxx, stated as £xxx.
Firstly I would like to make you aware that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods and I know the fees allowed under statute and when these fees can be applied.
Due to my circumstances I am unable to pay this in one payment, and I am more than willing to prove this by filling in any means testing forms which you care to provide. I advocate a payment schedule of £xx per calendar month, . I understand this may seem a long time but this is a realistic offer that is affordable to me and will allow me to pay future bills issued for Council Tax without them falling into arrears. A greater amount would cause me real and factual hardship.
It should be noted that I am not at any point refusing to pay this debt but only asking for a fair payment period considering my circumstances. And if you are unable to accept my offer I will place the money aside each month until such a time the council take the account back into their management, when I will make payment of the set aside money to the council.
At this point in time it is not clear what charges you have added to my Tax Liability arrears with xxx Council. I therefore require you to supply an itemised statement of account that clearly shows what charges have been added and what these charges are for giving details of dates and times etc. You are required in statute to supply this information and I look forward to this within 14 days.
Whilst your demands and charges are under investigation, all payments detailed above will be made directly to xxxx council
I am sending the council a copy of this letter and requesting that it be filled with my account for further reference.
I trust the above meets your approval and I look forward to your timely reply by letter.
I understand xxx Council has appointed you to recover my Council Tax Liability arrears for xxxx, stated as £xxx.
Firstly I would like to make you aware that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods and I know the fees allowed under statute and when these fees can be applied.
I am not willing to deal with a debt collection Company in any way. Please stop sending letters to me regarding this matter. I ask you return the account to the council listed above.
It should be noted that I am not at any point refusing to pay this account balance but only asking for a fair payment period considering my circumstances. And as stated above I will not enter into a future negotiation with yourselves under any circumstances.
At this point in time it is not clear what charges you have added to my Tax Liability arrears with xxx Council. I therefore require you to supply an itemised statement of account that you holdon me not the council that clearly shows what charges have been added and what these charges are for giving details of dates and times etc. You are required in statute to supply this information and I look forward to this within 14 days.
Whilst your demands and charges are under investigation, all payments detailed above will be made directly to xxxx council
I am sending the council a copy of this letter and requesting that it be filled with my account for further reference.
I trust the above meets your approval and I look forward to your timely reply by letter.
Your all full of absolute tosh, many bailiff companies are very genuine and do you honestly think you have the right just to stop paying the council tax????? Most bailiffs act in a reasonable and responsible manner, this is just typical of people whom think they have the god given right to allow every other person to pay for their services which you all receive!!!!
I shall give you a prime example here, YES im a bailiff and a darn good one at that, i take my duties seriously but i also treat people in a firm but fair manner!! I went to a certain address where upon the occupiers were trying to tell me they were not whom i wanted and were called something else, upon me doing my homework i find that yet again in my role i have been lied too, ( how original ) Therefore i called again and the door was opened once again, therefore i exercised my right to walk in!!! Occupant was not happy with this and called the police, Now said occupant was more than happy to call the police but was said occupant happy to pay their council tax to provide this service NO so imo if you dont pay then stop whinging and dont call on the services for which you are meant to be paying!!!!!!!!!! Its the same old story when your in the wrong and the company is doing their job, the wrongdoers will just moan about it rather than face the reality that they have to pay just like everyone else!!
the OP accepted she owed the money and wanted to settle the debt and is therefore not like the example you give, ie she is a can't pay not won't pay.
I'm glad you said:
many bailiff companies are very genuine.... and Most bailiffs act in a reasonable and responsible manner,...
because that means you accept there are some that are not. I am sure there are good bailiffs, but there are clearly some who do not operate within the law, just as there are good and bad holiday companies. wouldn't you agree?
the OP accepted she owed the money and wanted to settle the debt and is therefore not like the example you give, ie she is a can't pay not won't pay.
I'm glad you said:
because that means you accept there are some that are not. I am sure there are good bailiffs, but there are clearly some who do not operate within the law, just as there are good and bad holiday companies. wouldn't you agree?
Fair point and yes i would agree with both of your paragraphs.
You only have the right of entrance if you have a warrant.
And this would only valid if it was served correctly.
If the individual cant aford then you should be asking for asetlement term. Thats if you are not recovering unlawful penalty charges.
If you are recovering unlawful penalty charges then it dose not matter hownice you are your breaking the law.
If you are chaseing council tax then you should only chase this if there has been a court case and there has been a settlement made.
If the individual has not yet paid then you should be using the court not knocking on the door as you only add extra cost to the debt.
debt collectors are in this business to make money this is why they dont like going to court. ( re-read and understand the last bit)
Originally Posted by kermit2482
Your all full of absolute tosh, many bailiff companies are very genuine and do you honestly think you have the right just to stop paying the council tax????? Most bailiffs act in a reasonable and responsible manner, this is just typical of people whom think they have the god given right to allow every other person to pay for their services which you all receive!!!!
I shall give you a prime example here, YES im a bailiff and a darn good one at that, i take my duties seriously but i also treat people in a firm but fair manner!! I went to a certain address where upon the occupiers were trying to tell me they were not whom i wanted and were called something else, upon me doing my homework i find that yet again in my role i have been lied too, ( how original ) Therefore i called again and the door was opened once again, therefore i exercised my right to walk in!!! Occupant was not happy with this and called the police, Now said occupant was more than happy to call the police but was said occupant happy to pay their council tax to provide this service NO so imo if you dont pay then stop whinging and dont call on the services for which you are meant to be paying!!!!!!!!!! Its the same old story when your in the wrong and the company is doing their job, the wrongdoers will just moan about it rather than face the reality that they have to pay just like everyone else!!
I too am trying to get council to take account back from equita.
I offered to pay the council and they refused, they said I had to deal with equita. I asked them to reconsider and they said it was not their decision, it was the recovery dept. I asked to speak to recovery but they said I could not, it is a closed office, I can't call or walk in. So now I have to figure out how to speak to someone.
can i trust bailiff
contacted me by letter and said they wanted the full sum , i phoned them and was told if i paid 40 it would stop the bailiffs
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Originally Posted by Michael Browne
