Equita-help needed

[fazerman67]

I've been having problems with Equita for a while now, but can anybody tell me once arrears are paid up and only bailiff charges remain, do bailiffs still have the same powers to try and gain entry to your property for the collection of their charges, or is this a seperate issue, and will the courts see it as a seperate issue.

[Slimrabbit]

I've been having problems with Equita for a while now, but can anybody tell me once arrears are paid up and only bailiff charges remain, do bailiffs still have the same powers to try and gain entry to your property for the collection of their charges, or is this a seperate issue, and will the courts see it as a seperate issue.

 

It depends on who you paid the arrears to will get more response fazerman if you start your own thread in the main section. Will contact admin to move this for you.

[fazerman67]

thanks slim

[MARTIN3030]

Thanks SR-posts moved here with a retitle.

[Slimrabbit]

Right first things first, what's it in relation too (counciltax/parking ticket etc).

 

How much did you owe, what were the fees and who did you pay. Sorry for playing twenty questions but will get more help if we know what your dealing with.

[fazerman67]

ok, its a very long story, so I'll try and break it down. I owed council tax £196.00. Got a bailiff knocking at my door but didn't let him in, he left a letter saying I now owe £377.00. As it happened I had just sent a cheque for £196.00 along with a rather blunt letter stating that their charges should not be deducted from this, also sent a letter to council saying same. Have had various other problems over last 4 months too.

[Slimrabbit]

Did you send the cheque to the bailiffs or to the council the fees seem ridiculous to me. Which firm was it? Its fine to name and shame on here just not the actual bailiffs name company is fine.

 

When is the CT from, have you seen the liability order?

[fazerman67]

sent cheque to bailiffs, no I aint seen liability order, just a letter saying it had been issued. I now know shouldn't have sent it to them, I'm slowly learning from my mistakes. Did send a letter to council and photocopy of cheque and stated clearly it was for payment of CT arrears, NOT bailiff charges, and I expect it to be cleared on my account.

[fazerman67]

Also told them that any future payments I will make to Council, not them..quoted "the law states I should pay this debt, but I'am not obliged to do business with them, and they should not take any further action that would incurr charges as I would be making all future payments direct to council"

Edited October 1, 2009 by fazerman67

[MARTIN3030]

Which bailiff firm was it ?

Did you get a breakdown of charges which show what fees were added ?

[fazerman67]

Equita. Have requested breakdown, but still haven't got it yet

[MARTIN3030]

Ok so you are saying that they made one visit as far as you know ?

I am just trying to work out how £196.00 turned into £377.00 after 1 visit ?

Did they post anything through your door when they called ?

Was this figure of £377.00 on there ?

[Guest Happy Contrails]

ok, its a very long story, so I'll try and break it down. I owed council tax £196.00. Got a bailiff knocking at my door but didn't let him in, he left a letter saying I now owe £377.00. As it happened I had just sent a cheque for £196.00 along with a rather blunt letter stating that their charges should not be deducted from this, also sent a letter to council saying same. Have had various other problems over last 4 months too.

 

This letter usually recovers unlawful bailiff's fees hole-in-one.

 

The Bailiff Company

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your fees.

 

I write following visits by your bailiff however there appears to an irregularity with your fees and I am writing to ask you to provide me the following within seven (7) days:

 

1) The name of the court that issued the certificate for the bailiff in charge.

 

2) Written itemised breakdown of a) your fees, and b) the original debt.

 

3) The name and address of the organisation that instructed you

 

4) a) Truthfully confirm in writing your fees are lawful and comply with legislation or, b) refund me the unlawful fees plus reasonable compensation for being cheated by your bailiff with his fees by midday the seventh day from the date of this letter.

 

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an arrestable offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss therefore, if no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically file a complaint to police under the 2006 Fraud Act and the Proceeds of Crime Act 2002. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence.

 

Case law requires I recover unlawful bailiffs fees from your client that instructed you. If you fail to make the required refund within seven days I will automatically proceed by filing the claim at court.

 

This is a letter before action and is not a request to access any personal data as defined under the Data Protection Act 1998.

 

This letter is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

Copied to: The Mayor and Burgesses of [NAME OF COUNCIL]

 

If you don't get a refund in seven days then download a Form N1 from the HMCS website. The Defendants are addressed as:

 

THE MAYOR AND BURGESSES OF [NAME OF COUNCIL]

 

AND

 

[NAME OF BAILIFF COMPANY] 2nd DEFENDANT

 

Brief Details of the Claim - enter - Reclaiming unlawful bailiff's fees.

 

Particulars of claim:

 

I received a bailiff acting for the defendant collecting unpaid council tax. The bailiff dishonestly charged me [£AMOUNT] bailiffs fees contrary to the Council Tax (Administration and Enforcement) Regulations 1992 which prescribes £24.50 and reasonable costs for transporting a debtors goods in a van. The bailiff did not move any goods in a van and I did not sign any documents for the bailiff. I have been defrauded by the bailiff who is cheating with his fees and I asked for a refund but it was the bailiff’s choice to keep the money. On 20 April 2007, Lord Lucas in the House of Lords asked HM Government (inter-alia) "whether it would be right for the police to claim that such an action is a civil and not a criminal matter"? Baroness Scotland of Asthal, The Minister of State, Home Office replied: (inter-alia) "A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006". Reasonable costs have been defined by District Judge Advent on the 9th & 24th September 2008 presiding over Case No 8CL51015 Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). The court ruled that "because the bailiff produces no evidence as to how the charge had been arrived then he unable to show that it is reasonable". I claim the sum of [£AMOUNT] and interest under Section 69 of the County Courts Act 1984 at the rate of 8% a year from the date the unlawful fees were paid at a daily rate of 0.00022% per day plus costs allowed by the court.

 

If you are on a low income then complete an EX160 fee exemption form.

 

File the Form N1 at you local county court. The claim will be defended (with the same old bailiff's ramblings) and the court will send you an allocation questionnaire. Keep all documents and receipts given to you by the bailiff and await the hearing date. Do not be bullied by bailiffs or the council's barrister in the waiting area outside court. You want ALL your money back and you must ask the Judge for it. When the judge has awarded judgment always ask the judge for your "costs of today at the prescribed amount", he'll award you an extra 60-quid on top of your costs.

 

The Chief Constable

Name of Police Authority

Address 1

Address 2

Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: Reporting a crime committed under the Fraud Act 2006

 

I enclose a document given to me by a man saying he is a bailiff firm [and threatened to commit breaking and entering and take property unless I pay him £AMOUNT]. He charged fees £AMOUNT when the law prescribes a fee of £24.50.

 

The bailiff commits an offence under the 2006 Fraud Act. Lord Lucas sitting at the House of Lords on 20 April 2007 when he asked HM Government whether it would be right for the police to claim that such an action is a civil and not a criminal matter. The Minister of State, Home Office (Baroness Scotland of Asthal) replied with, inter-alia (quote) A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006 (unquote).

 

Section 1 means by which this offence can be committed is set out in Section 2, on fraud by false representation. This section applies where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss. It is also possible that, where a bailiff repeatedly charges for work that has not been done, this conduct will amount to fraudulent trading either under Section 9 of the 2006 Act or under the provisions on fraudulent trading in company legislation.

 

The law can provide reasonable costs in respect of bailiffs transporting goods in a van (attending to remove fee) however no goods have been levied and no document has been signed by me. District Judge Advent on the 9th & 24th September 2008 presiding over Case 8CL51015 Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). The court ruled that (quote) because the bailiff produces no evidence as to how the charge had been arrived then he unable to show that it is reasonable (unquote).

 

Any offence committed under the 2006 Fraud Act is an arrestable offence under Section 24 of the Police and Criminal Evidence Act 1984. Please assign a crime reference number and I request the crime is investigated professionally and objectively and I am happy to help you in your enquiries and stand as a prosecution witness at trial.

 

Yours Sincerely

 

 

 

YOUR NAME

Enc: copy of bailiff document giving contact details

[MARTIN3030]

Great post HC-have another green blob too.

[fazerman67]

Yes, he posted a removal notice with that figure scribbled on the top in pen, notice said he would come back and enter my house even in my absence, and should I not respond they will take that as not willing to pay, which made me chuckle, as I've been trying to contact this guy for months and he has never returned my call once. I wrote a letter immediately requesting breakdown of all costs, and my future intentions as regards the debt., ie: that I will not be doing business with them whatsoever.

[fazerman67]

Good post Happy! Thanks.

[fazerman67]

Had a letter from council today, reads as follows:

 

Please be advised that I have today been in contact with the Bailiffs and have confirmed with them that your case are not to be returned to this office. However I have instructed them to levy an agreement against the whole debt at the rate of £60.00 per month to start 1st November 2009. They have confirmed that this has been levied and that a giro book has also been sent today. I must state that failure to comply with this agreement will result in the debt being handed over to an enforcement bailiff. I can also confirm that I have asked that no further agreements will be made with the bailiffs if this one is defaulted.

 

Any advice on my next move greatly appreciated, do I comply with this letter or tell em to get stuffed and make my payments direct to the council?

[Guest Happy Contrails]

Whats an 'enforcement' bailiff?

 

Use the letter above, the council needs to address that fee irregularity.

 

Pay the council online.

[tomtubby]

Had a letter from council today, reads as follows:

 

Please be advised that I have today been in contact with the Bailiffs and have confirmed with them that your case are not to be returned to this office. However I have instructed them to levy an agreement against the whole debt at the rate of £60.00 per month to start 1st November 2009. They have confirmed that this has been levied and that a giro book has also been sent today. I must state that failure to comply with this agreement will result in the debt being handed over to an enforcement bailiff. I can also confirm that I have asked that no further agreements will be made with the bailiffs if this one is defaulted.

 

Any advice on my next move greatly appreciated, do I comply with this letter or tell em to get stuffed and make my payments direct to the council?

 

I would suggest that you also ask the local authority what is "levy an agreement" ??

 

A bailiff can "levy distress" BUT "levy and agreement" is something I have NEVER heard before !!