Thread: Urgent Help Please - Equita - Don't know where to turn now

Ok, this will no doubt be a bit of a long one but I'll try and put as much detail as I can because if anyone can help me or tell me where to turn to next, it would be very appreciated.

In August 2008 I was made redundant from my job. I managed to pay my council tax for that month but due to the length of time it took me to find another job, I was struggling to put food in my stomach let alone think of bills. I contacted the council in September 08 to advise them of my situation, but I was told that the council could do nothing regarding making an arrangement until I had a stable income.

The council applied and obtained a Liability Order from the Magistrate's court in December 2008. In February this year the council passed the debt onto Equita bailiffs. It was also in February that I finally managed to find a new job so I called Equita and made an arrangement that I would pay £50 per month towards my arrears of £720.

I made my first payment to them on 1st March 2009 as promised, but then the company where I had my job at went into Administration, sending me right back to square one. As soon as I found this out I called Equita to explain that I could no longer keep to the arrangement, but as soon as I found new employment I would call them to make a new arrangement. I have also kept the council informed of everything which has happened.

Equita weren't happy with this and sent me a Removal Notice giving me 14 days to pay in full or the bailiff would be round. At this point, I contacted the council and I was dealing with a lady in the council tax arrears office. She contacted Equita on my behalf and asked them to stop action until I found a new job.

I then started employment again at the beginning of June, so I rang Equita to advise them of this and to make a payment arrangement. Equita are now saying that they can't accept any payment plan as I had broken the previous arrangement. I have tried to contact the council again but the lady who I was dealing with before no longer works there.

I am now getting bailiffs knocking on my door at all hours. So far I have had 4 visits from them as well as numerous calls on my mobile when I don't answer the door, on top of £248.50 fees which they have applied. My problem now is that now I am back in employment, I can afford to make and keep the previous arrangement of £50 per month, but I can't afford for the debt to keep going up and up as it is doing now. I have tried to speak to Equita god only knows how many times, but each time I am told the same that they either want payment in full or they'll take my goods.

I have since been down to my local council offices to try and resolve the situation, but they say it is in the hands of the bailiffs. Does anybody know who I can contact to stop this action and to get a payment plan in place? I just feel completely at the end of my tether with it all now and whilst I understand it is my fault for getting into this mess, I just feel like letting them in now so they can take what they like and I don't have to deal with this stress anymore.

Any ideas? :cry:

They stuck one through the door on 20th June Hallowitch. They called at 8:20am and neither of us were at home, but my car was parked on the drive. In the envelope was a letter saying I had 24 hours to pay and also a Notice of seizure and Inventory of Goods listing the car. I haven't signed this at all as it was just posted through. Before I got this though I sent them a letter along with proof that the car is subject to a finance agreement and doesn't actually belong to me as yet.

They've been knocking on the door twice since I received this and didn't touch the car......

I don't know the policy of your council but I had a similar problem last year with another council appointed bailifs.

In order to get the council to take the debt back off the bailif I made a payment, £100 against a £700 debt, directly to the councils online payment processing system, quoting the council tax reference and other particulars, because the online system can't refuse to take your payment.

I followed that up with an email to the council explaining what I had done with a copy of the receipt from their system. They took the debt back leaving their hounds (bailifs) with no supper!

Oh, and as Hallowitch explained, the charges they can add are determined by law. They always try to add excess charges such as van costs etc. in the knowledge that most people don't know their rights and are too scared to question it. This is fraud and should be reported to the council, as they are responsible for the actions of their agents and are equally liable in the event of any criminal behaviour.

This from the insolvency helpline:
What is a walking possession agreement?
A walking possession agreement means that the goods that have been seized now legally belong to the bailiff and can be removed at any time. However, s/he will allow them to remain in your home and you can continue to use them providing you keep your side of the agreement, e.g. you make agreed payments. In order for a walking possession order to be valid, a bailiff should have gained peaceful entry to the property and seized the goods. It is not enough for a bailiff to list items that they have seen through a window and push a walking possession order through the letterbox for you to sign and return. You should never sign a walking possession order in these circumstances. There is a daily charge for a walking possession order that you must pay, on top of the original debt you owe if they are sold. Remember that goods will be sold at public auction and typically will sell for about 10% of their original value. This means that if you owe £50, a bailiff will probably try to seize goods to the value of at least £500.
A bailiff must only seize goods that belong to the person who owes the money, although any goods in the house can be seized for distress or rent. In practice, many bailiffs will attempt to seize any goods of value at a house they visit - it will be up to the individual to prove ownership afterwards. If you have receipts showing someone else bought the goods then you should show the bailiff these.


That being the case - is the WP valid? I assume it was never signed and the bailiff has not gained "peaceful entry"?

Thanks ever so much everyone for all your help.

I've just been on the phone to the local MP's office, who has agreed the council are not acting fairly. My MP has asked that I send him copies of all correspondence between myself, the council and the bailiff's and he is going to take the issue up for me.

I have an appointment on Monday for me to take all my stuff down so hopefully I'll have an end to this soon.

The only thing worrying me now is the car, as from different things I've read I'm still not sure if they can take it or not. I've not signed anything from the bailiffs, the Walking Posession was just shoved through the front door, where as the baliff will have seen the car at the back of the house. He can't have even touched the car as the morning on which they called the gates were shut, locked and chained so he's only seen it parked on the drive.

The car is also worth just over £5.5k according to what car so surely they can't take that for a £720 debt? Besides, I've only had it for 18 months on a 5 year finance deal so I doubt I've even started paying the capital off the loan yet anyway.

Well this just gets better and better......

I arrived home from work on Thursday and within minutes of me getting in, the bailiff was hammering on the back door. I immediately locked it, grabbed my paperwork together and went out the front door to speak to him. I told him about all the correspondence I've had from the council and that I've also been speaking to my local MP.

The bailiff was extremely aggressive towards me. He was saying that he had spoken to the council this morning and they had told him to proceed with action and that is what he would be doing. As I had my phone on me, I got straight on to the Rev and Benefits department of the council, only to be told they are no longer interested and it is now up to me to come to an arrangement with the bailiff. All the time I was on the phone, the bailiff was sat in his car listening with the window down, constantly shouting that I had 5 mins to sort it or he'd push me out of the way in order to get to my car.

As I say, the council were totally useless and just kept saying it is now between me and the bailiff and if he can't make an arrangement with me then it's tough. Once I'd finished the call I explained to the bailiff that I wouldn't be letting him on to my property (our driveway is at the back of the house with metal locking gates. I was on the inside of the gates with the car, he was on the outside). At this he became even more aggressive. He grabbed my arm and he came right upto my face shouting that I had better get out of the way or he'd be ringing the police. I told him to go ahead and do it and that I wouldn't be moving so he got his phone out of his pocket. He said I had one last chance to move or he'd be ringing the police and again I refused to move and told him to go ahead.

He then came up to me and grabbed my arm again and wrenched me out of the way whilst calling me an 'arrogant little bitch'. I knew then that he was bang out of order and completely breaching his powers so he started to clamp the car whilst I got on the phone to the police to report him. After he'd fitted the clamp he tried to give me a lecture on how if I tried to remove the clamp he'd have me for criminal damage but I was still on the phone at this point. He thrust some papers under my nose to sign but I refused to as I don't agree with him clamping the car and I wasn't signing anything.

I'm still waiting for the police to come round, but in the mean time it means I have a car clamped meaning I can't get to work. The MP i've spoken to previously has been as much use as a chocolate watch and too busy to do anything properly. As soon as all this happened on Thursday I rang his office to inform him of the bailiffs actions but he is not back in his office until tomorrow so nothing they can do.

Because of this, I then went to see the local councillor for my area who immediately rang the council. She promised me she'd get back to my by Friday afternoon but again I'm still waiting.

Does anyone have any ideas who to take this to next? Without my car I can't work, meaning I don't get paid and that the bailiff is going to have to wait even longer to get his money.

I'm also still nursing some very nasty bruises on my left wrist from where the bailiff grabbed me!

If anyone has any advice it would be much appreciated.....

Just bumping this up for you x

Thanks lisa x

I am sure you can file a form 4 on this bailiff........... Contact tomtubby she is the bailiff expert and will sort you out

Thanks Noddy and Amber.

I've already been in touch with the police, I phoned them whilst the moron of a bailiff was clamping my car. I was told somebody would be out asap but this was on Thursday and I'm still waiting.

I took pictures of the bruises on Thursday night as my arm looks much better now then it did then, though the bruises are still very visible.

So would I be right in thinking that the bailiff has been unlawful by clamping the car after throwing me out of the way?

I WOULD cetainly say so Bur like me you should have gone straight to the docter's and got it logged