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Fraxster

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  1. Ok - the latest. It has been over a week since the bailiff visit I first reported. I have received no return visit from him or any phone call (and he has my number). However, yesterday I received a letter from Equita. ANOTHER final demand letter...I'd already received one of these, prior to the bailiff visit. What is intriguing is that none of the correspondence from Equita states exactly how much money they are demanding. This changes with every phone call and with the bailiff visit. They DEMAND money, but do not furnish you with how much they are demanding in their threatening letters. Why is it NEVER in writing/print? The final demand tells me that I am to receive another bailiff visit in the next 7 days unless I pay...pay how much? I suspect that the first bailiff has washed his hands of my case and they're putting a more ferocious rottweiler on the case instead. I am calling Equita tomorrow to find out how much they claim I owe this time. If it's the original amount, I want to know from them why the figure the bailiff wrote down was £200 more when he visited. If it's the amount the bailiff quoted when he visited, I want to know (as I still haven't had a answer from them) why the figure had bumped up by £200 when he called. I have contacted the council and offered to pay them directly - the adviser for the council told me that I was perfectly at liberty to pay them off but I would still be liable for the bailiff fees. My arguement was that the liability order is surely on the debt owed to the council and therefore the bailiff could not enforce their fees under the same liability order as if I paid the debt to the council, I had paid the debt which took me to court in the first place - I had not been taken to court for not paying the bailiff fees but for a council tax debt. The adviser wouldn't or couldn't answer this. They still haven't accessed my property. Equita's 'Final Demand' letter states "Our bailiffs will be back in your area next week and will be looking to seize goods in respect of your unpaid Council Tax...Under the Act, we are authorised by our clients to seize goods in respect of unpaid amounts. Unless we receive a communication from you with your proposals to discharge this debt we be forced to execute the Magistrates Liability Order issued against you." The wording of this implies spurious powers. The fact is they still cannot seize goods from me until they go through the correct process. It appears they are allowing to me to make an offer of payment to them again...taking me one step back in the process. Is this because I was armed with the legal situation/knowledge that this website open my eyes too? Or perhaps they feel a little guilty?(unlikely) Or perhaps they're worried that I might make a fuss (guaranteed that I will). Anyway, that's for now - just have to wait and see what amount they quote when I call tomorrow and see the beast of a bailiff they want to inflict upon me this time. Someone also mentioned to me that they thought I was in the 'vulnerable' group - single parent of 2 children, currently unemployed through redundancy and having to claim Job Seekers Allowance (which in itself is soul destroying!) If anyone know whether this is the case and what implications this has I'd be grateful for the advice. Thanks to you all for your support x
  2. The video is very funny indeed! Almost 1pm - still no revisit. Boyfriend thinks I could do with a break so taking me off somewhere nice overnight...that way car is secure too! Have ensured all windows are locked and doors locked and bolted and neighbours on alert for me should anything untoward occur. Thanks everyone for your support so far - will return tomorrow with any update.
  3. Thanks Ploddertom - almost midday and still no revisit from bailiff. I'm looking at the letter on Equita headed paper - in red letters it states 'Bailiff Removal'. It then says 'I will re-attend at your address with immediate effect and may REMOVE goods even in your absence...' The letter itself is materially incorrect for they cannot remove anything as they have not gained access to my home and not levied distress and do not have a walking posession order. Therefore their claim to be able to do this is surely illegal/threatening/itimidating/misleading with regard to their powers. They have not gone through the correct procedures or processes to enforce what they claim to on the letter. Just another point of note - I checked and the individual bailiff who called at my address is Certificated. Shocking that he should use 'attending with police' and argue with me that he is legally entitled to remove property from my address at this juncture - he clearly isn't and perhaps from reading the great advice on this site and others I visited, he himself felt intimidated by my knowledge which I have gained by reading all your experiences and advice. Just also wanted to mention that the council employee that I spoke to regarding the conduct of the bailiff that was acting on their behalf and that his ethics were questionable and even the letter from the bailiff company technically incorrect with what power they had, she replied that it was not their concern. This I am taking up with my local councillor and contacting local press. Whilst originally imtimidated by the visit and left feeling helpless, armed with the information I have now, I feel empowered! I'm seeing this through to the bitter end and intend rattling cages in the process!
  4. I originally posted this on Friday 12th March and was asked to start a new thread. It is now Saturday 10.22am and so far...no return visit by the bailiff.
  5. Hi there - new to here but took advice from it and a couple of other sites before I registered as a user and thought I'd share my experience so it might help others and will keep you posted. I owed an amount of £348 for Council Tax. I'm a single parent on benefit. I made an arrangement with the bailiff (Equita) and paid my first installment. They then swapped me from Income Support to Job Seekers (new rules as my daughter is now 11) and therefore my next payment was late as I was paid late. I was paying £25 per month. I had a visit today from a Bailiff (who is certified...checked it), who's attitude, professionalism, ethics are severely questionable. I did not allow him in (although I was ignorant to the advice before, but thank goodness I didn't). I explained what had happened and offered to pay this month's early to make up for last late payment. He refused. He said he was "giving you 24 hours to pay £538.98 or I am going to remove goods from your property tomorrow morning, whether you're here or not" I explained that I did not have that amount or any money other than the offer I had just put to him - he refused. I then went into panic mode, phoned a friend who offered to lend me the money but then I got curious. Why had my debt gone up by £200 since my last payment? I came onto the net and found you guys and some other sites then (god help the bailiff) I became a terrier. I first phoned Equita office to find out what the £200 increase was for - they refused point blank to discuss my case and said I could only discuss it direct with the Bailiff. I phoned the Bailiff who said he was not privvy to the details, he could only ask the office to send me a statement but that would take around 5 days. I said that as he was intending to visit me tomorrow to remove goods, that wasn't much help as I wanted to know what I was paying for before I even contemplated parting with my money. He said he would discuss it with me tomorrow. I told him that he wouldn't be discussing anything with me tomorrow as I am making sure that my property is secure and have intention of opening the door to him and he was required by law to make 'peaceful entry'. I also told him that my neighbours were aware of his intended visit and that they were prepared to be witnesses to his conduct the day. I told him that I knew my rights and that he could not remove any goods from my address as he had not issued a levy distress on my goods. I asked if the £200 bump in debt was due to him charging for attending with a van because if so, this was an illegal charge as he had not come into my property to obtain what he needs in order to this and therefore is a bogus charge. He then told me that he would be attending with the police in the morning. I told him that he most welcome to, that the police had no powers to assist him with any forced entry, that the police were impotent in this situation and I'm sure that the police will tell him that they have far more important things to with there time. I also mentioned to him that he had refused my offer of payment and as I knew I was not allowing him access to my home, he was left with no option but to pass my case back to the council, who will be paid the minute it is passed back. He then told me that I had until tomorrow morning (again) to get the money. I explained that I was a single parent on benefits, that he had refused my offer of payment which is above the statuatory amount and the council or further court action would be notified of his refusal to accept my payment. He again told me the police would be attending with him...I then laughed and told him that I was not going to be intimidated by him, I knew my rights, I'm not refusing to pay, he is refusing to accept my offer...with which he slammed the phone down. I now am waiting to see what happens tomorrow morning. But I have decided that I shall not communicate with anyone other than in writing. Eeeekk.....come the revolution!!
  6. Hi there - new to here but took advice from it and a couple of other sites before I registered as a user and thought I'd share my experience so it might help others and will keep you posted. I owed an amount of £348 for Council Tax. I'm a single parent on benefit. I made an arrangement with the bailiff (Equita) and paid my first installment. They then swapped me from Income Support to Job Seekers (new rules as my daughter is now 11) and therefore my next payment was late as I was paid late. I was paying £25 per month. I had a visit today from a Bailiff (who is certified...checked it), who's attitude, professionalism, ethics are severely questionable. I did not allow him in (although I was ignorant to the advice before, but thank goodness I didn't). I explained what had happened and offered to pay this month's early to make up for last late payment. He refused. He said he was "giving you 24 hours to pay £538.98 or I am going to remove goods from your property tomorrow morning, whether you're here or not" I explained that I did not have that amount or any money other than the offer I had just put to him - he refused. I then went into panic mode, phoned a friend who offered to lend me the money but then I got curious. Why had my debt gone up by £200 since my last payment? I came onto the net and found you guys and some other sites then (god help the bailiff) I became a terrier. I first phoned Equita office to find out what the £200 increase was for - they refused point blank to discuss my case and said I could only discuss it direct with the Bailiff. I phoned the Bailiff who said he was not privvy to the details, he could only ask the office to send me a statement but that would take around 5 days. I said that as he was intending to visit me tomorrow to remove goods, that wasn't much help as I wanted to know what I was paying for before I even contemplated parting with my money. He said he would discuss it with me tomorrow. I told him that he wouldn't be discussing anything with me tomorrow as I am making sure that my property is secure and have intention of opening the door to him and he was required by law to make 'peaceful entry'. I also told him that my neighbours were aware of his intended visit and that they were prepared to be witnesses to his conduct the day. I told him that I knew my rights and that he could not remove any goods from my address as he had not issued a levy distress on my goods. I asked if the £200 bump in debt was due to him charging for attending with a van because if so, this was an illegal charge as he had not come into my property to obtain what he needs in order to this and therefore is a bogus charge. He then told me that he would be attending with the police in the morning. I told him that he most welcome to, that the police had no powers to assist him with any forced entry, that the police were impotent in this situation and I'm sure that the police will tell him that they have far more important things to with there time. I also mentioned to him that he had refused my offer of payment and as I knew I was not allowing him access to my home, he was left with no option but to pass my case back to the council, who will be paid the minute it is passed back. He then told me that I had until tomorrow morning (again) to get the money. I explained that I was a single parent on benefits, that he had refused my offer of payment which is above the statuatory amount and the council or further court action would be notified of his refusal to accept my payment. He again told me the police would be attending with him...I then laughed and told him that I was not going to be intimidated by him, I knew my rights, I'm not refusing to pay, he is refusing to accept my offer...with which he slammed the phone down. I now am waiting to see what happens tomorrow morning. But I have decided that I shall not communicate with anyone other than in writing. Eeeekk.....come the revolution!!
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