Re: same debt twice - if the amount owing for council tax on a Form of walking possession/levy has been paid to the LA including the first visit £24.50 bailiff fee, can the bailiff still come back and clamp a car using exactly the same figures as the original levy in order to claim bailiff costs? Re: cannot enforce a null debt - same as above really. The amount owing for council tax was paid along with £24.50 - this is/should be now effectively a null debt? The bailiff in question ticks so many boxes in the list on the consumer wiki page re: making a complaint. The LA were absolutely no help whatsoever either. Have now taken it up with a local councillor who has agreed to contact the council. Just trying to get all the facts together in order to support complaints to both Council and bailiff company.

Hi all, I read the following statements: Bailiffs cannot enforce the same debt twice Bailiffs cannot enforce a null debt (a debt that has been paid to the creditor) just for his fees. Is this true? Does anyone have a link to any reference or official document confirming this? Many thanks, needinfo

OK, the bailiff has been back this morning and now clamped my girlfriend's car. She phoned Equita who unhelpfully (go figure) told her that she must deal with him directly - I'm thinking a trip to the council office to speak to someone about this is in order. Surely, this is harassment? Also, another green form was posted showing the car on the inventory and THE SAME AMOUNTS AS BEFORE but obviously no signature from my girlfriend. The LA amount has been paid along with his £24.50. Attached to this was another red letter with a handwritten note saying 'Balance of £xxx.xx remaining or enforcement of other case will occur'!!!! What to do? Thanks, needinfo

Hi all, Thought I'd share some useful info re: making complaints or contacting Equita. Hopefully this hasn't been posted before but apologies if it has. Rather than using the premium 0844 5618807 number as shown on their web site, call the main switchboard on 01604 250116 (no doubt you'll still get through to some *$^&£% @!%&$*$&$ but at least the call won't cost so much) Their fax number is 01604 634460. If you'd rather not use their insecure online email forms (ie, New Occupier, Outstanding Account or Complaint) simply email them at: info[at]equita.co.uk (replace [at] for @), and let them forward your enquiry on to the relevant department. If your email enquiry/reason for contact happens to be a complaint then put 'FAO Faren Kowler' in the subject line (No, that's not her real name !!!)

Thanks for that Tingy. Unfortunately, as per my other thread and post: I got confirmation that this bailiff is indeed certificated. Called HMCS to advise and query why the database hadn't been updated and was advised that any changes should have been notified by the court. Basically, the list isn't 100% trustworthy so I would advise anyone not to rely on it and make as many enquiries as you can to find out the exact position/situation. needinfo

Hi again, Got confirmation that this bailiff is indeed certificated. Called HMCS to advise and query why the database hadn't been updated and was advised that any changes should have been notified by the court. Basically, the list isn't 100% trustworthy so I would advise anyone not to rely on it and make as many enquiries as you can to find out the exact position/situation. Anyhow, back to today - any advice on if the bailiff turns up again tonight? ie, should she just be able to hand over a copy of the Stat Dec and send him packing? Also, got all contact details ie, email addresses, postal addresses and fax/phone numbers for both council and Equita now re: complaint so the idea is to email, snail mail and telephone. Any more advice? Thanks so much. needinfo

Just to double-check, I spoke to Ministry of Justice Public Register of Bailiffs on 020 3334 6355 who advised that this bailiff had a hearing due in July this year and advised me that I'd need to speak to the regular county court for confirmation of certificated status. He said that it doesn't necessarily mean that the bailiff isn't certificated ie, it could be that the court hasn't sent through updated details (July was a fair few months ago though?) Anyway, I called the county court but was asked to call back later. So, in lieu of obtaining completely accurate confirmation, should my girlfriend text the bailiff saying that she's checked the HMCS on-line Certificated Bailiff's Register and that the search does not show him as certificated? I also found out that he works for another bailiff company and so at this stage, can only assume Equita are sub-contracting.

Off to get the stat dec signed shortly. Assuming he does turn up again, is it worth giving him a copy of it or just ignore the visit? At the moment I've no reason to believe he won't turn up again today.

OK great, thanks for your comment dx. Just found this: Non-certificated Bailiff Working on behalf of companies and organisations, a Non-certificated Bailiff has the power to recover the money owed for a variety of debts by seizing and selling a person's goods. However, Non-certificated Bailiffs cannot levy distress for rent, road traffic debts, council tax or non-domestic rates.

Apologies for the re-post but the original post doesn't seem to be updating properly. Anyway ... Hi all again, an update: C Tax amount + £24.50 paid via Internet to local council last Friday morning - have a Payment Authentication Receipt email and PDF copy of web page receipt/confirmation. Sent bailiff a text advising that the bill has now been paid and that documents will be sent to Equita. Still need to get the Stat Dec witnessed by an appropriate signee (doing this today). Have an email address for the council's council tax dept. Although, have no email address for Equita and refuse to use the insecure contact form on their web site - does anyone have a valid email address for Equita? Last night, my girlfriend and I arrived outside her house to find the bailiff sitting in his vehicle with an accomplice. As soon as he saw that I had opened the front door and picked up the day's post, he immediately told me 'Oh, ignore that' - referring to the red 'Bailiff Removal - payment due in 24 hours - final notice' letter. He then said that he was there to speak to her, but asked me about the payment on Friday. I advised him that indeed a payment had been made to the council which covered the cost of the outstanding council tax + £24.50 fee. I did not however, disclose the full amount. He then advised me that he'd checked over the weekend and 'sometimes, with the way she paid, these things don't show up straight-away'. I advised him that I could assure him that she has a receipt for the payment - he didn't ask to see this. By this time, his bouncer-like accomplice was standing by the vehicle in the middle of the road with arms crossed - obviously in an attempt to be menacing and intimidating. The bailiff then approached my girlfriend although I didn't catch what was said as I was making sure the front door was locked. Words were exchanged, although not particularly aggressive until I mentioned that my girlfriend was writing to both the council and Equita concerning all of this. He asked what was the nature of the correspondence to which I replied that she wants to request a break-down of his 'charges' and to complain about the manner in which she was made to feel intimidated on his previous visit. The bailiff then proceeded to show me a copy of the original walking possession order stating that the break-down was already clearly shown ie, the split between council tax amount and his 'charges'. I argued that the amount shown could not in any way be considered a break-down. It was clear that the conversation wasn't proceeding as he would have liked and his parting comments were that my girlfriend had 24 hours in which to pay or he'd be back with a locksmith to gain entry. Having checked the Certificated Bailiff Register on the HM Courts site, the 'Bailiff in charge' is not listed - what is the significance with this? Also, under the circumstances, clearly, physical documentation won't arrive at either the council or Equita before the 24 hours is up - what action should she take now? Do you think the threat of returning with a locksmith is a valid threat considering a) the value (or lack of) of the goods he's intending to remove and b) the fact that she doesn't actually own the goods? I suppose the key thing this afternoon is to get the Stat Dec done. Many thanks

Hi all again, an update: C Tax amount + £24.50 paid via Internet to local council last Friday morning - have a Payment Authentication Receipt email and PDF copy of web page receipt/confirmation. Sent bailiff a text advising that the bill has now been paid and that documents will be sent to Equita. Still need to get the Stat Dec witnessed by an appropriate signee (doing this today). Have an email address for the council's council tax dept. Although, have no email address for Equita and refuse to use the insecure contact form on their web site - does anyone have a valid email address for Equita? Last night, my girlfriend and I arrived outside her house to find the bailiff sitting in his vehicle with an accomplice. As soon as he saw that I had opened the front door and picked up the day's post, he immediately told me 'Oh, ignore that' - referring to the red 'Bailiff Removal - payment due in 24 hours - final notice' letter. He then said that he was there to speak to her, but asked me about the payment on Friday. I advised him that indeed a payment had been made to the council which covered the cost of the outstanding council tax + £24.50 fee. I did not however, disclose the full amount. He then advised me that he'd checked over the weekend and 'sometimes, with the way she paid, these things don't show up straight-away'. I advised him that I could assure him that she has a receipt for the payment - he didn't ask to see this. By this time, his bouncer-like accomplice was standing by the vehicle in the middle of the road with arms crossed - obviously in an attempt to be menacing and intimidating. The bailiff then approached my girlfriend although I didn't catch what was said as I was making sure the front door was locked. Words were exchanged, although not particularly aggressive until I mentioned that my girlfriend was writing to both the council and Equita concerning all of this. He asked what was the nature of the correspondence to which I replied that she wants to request a break-down of his 'charges' and to complain about the manner in which she was made to feel intimidated on his previous visit. The bailiff then proceeded to show me a copy of the original walking possession order stating that the break-down was already clearly shown ie, the split between council tax amount and his 'charges'. I argued that the amount shown could not in any way be considered a break-down. It was clear that the conversation wasn't proceeding as he would have liked and his parting comments were that my girlfriend had 24 hours in which to pay or he'd be back with a locksmith to gain entry. Having checked the Certificated Bailiff Register on the HM Courts site, the 'Bailiff in charge' is not listed - what is the significance with this? Also, under the circumstances, clearly, physical documentation won't arrive at either the council or Equita before the 24 hours is up - what action should she take now? Do you think the threat of returning with a locksmith is a valid threat considering a) the value (or lack of) of the goods he's intending to remove and b) the fact that she doesn't actually own the goods? I suppose the key thing this afternoon is to get the Stat Dec done. Many thanks

Wow! Now that's thorough. I can't thank you guys enough for this invaluable information. Getting the remaining docs sorted asap. Btw, to confirm - the bailiff has only made the one visit to date. Now he's had the text message and from what you're saying about the listed goods (they're not top of the range), is it fair to assume he won't be returning? Thanks, needinfo

All done. Thanks again for the invaluable advice and assistance. Regards, needinfo

Thanks so much for all the help and advice so far. As she needs to get on this asap in order to avoid today's planned visit, to summarise: My girlfriend need only pay the CT amount + £24.50 to the council via internet payment and then follow this up with a text to the bailiff to advise what's been done, ie payment made direct. Thereafter, send copies of the respective documentation to the council (complaint) and bailiff co. (receipt and stat dec) as appropriate? Does this sound right? Many thanks again for all your help, it is most appreciated. needinfo

Hi there, I've read quite a few posts on the forum and now have a general idea of what to do and what not to do (or what should have been done!) but would appreciate advice regarding the current situation since it may be too late? Apologies if there's too much information but I just want to be sure and find out where she stands. Here's the deal: My girlfriend received a knock on the door by an Equita bailiff on 23rd September 2010 re: unpaid council tax. Unfortunately, she was waiting for a courier that day and mistook the Bailiff knocking the door for the courier. The bailiff explained who he was and asked to come in, to which she agreed (Having read several forum posts here today, we now realise that doing this was not a good idea). Anyway, he was actually quite a pleasant chap and explained the situation to her and gave her 2 documents. One of the documents was a standard 'Delivered by hand - BAILIFF REMOVAL - Final Notice' red letter (she can't recall receiving any letters prior to this) dated 23rd September 2010 stating 'Payment due in full - 24 Hours'. Nowhere on this letter is an amount stated although it does mention the outstanding Council Tax Liability Order. He crossed through the content of the letter and circled his contact details and went on to explaining the other document and what was involved/what would happen. The other document is an Equita 'Form 7 - Notice of seizure and inventory of goods' - I'm guessing this is a pretty standard document at the 'I'm in your house' stage. The printed form has space for Bailiff ref, Debtor Name and Address, Bailiff Name etc and states 'I have attended today at the above address to seize and distrain upon goods and chattels for' with Council Tax ticked. It goes on to say 'Absence of payment will result in goods being removed and sold at public auction ....' etc. There is an 'Inventory of goods' section where he listed TV, Xbox and DVD player (all of which my girlfriend doesn't actually own). The form also has 'Form 8' - 'Form of walking possession agreement (request not to remove goods immediately) He got her to sign the form and get her to agree to pay the debt on or before 5th November 2010, but to call him if she anticipated any problem with this arrangement. The amount owing on the Council Tax is £1314.96 Bailiff costs (inc VAT) £263.50 Nothing under 'Total amount if paid today' or 'Bailiff costs continue at _p per day thereafter' Total: £1578.46!!! Is this daylight robbery or what? With the above scenario in mind, my girlfriend is fortunate enough to be in a position to make full payment tomorrow if necessary, but is it necessary? ie, can the Council Tax arrears be paid directly to the council and can the Bailiff fee be fully/partially avoided? I read some of the comments in another thread about £42.50 bailiff fees and speaking to/paying the Council directly, but to be honest I'm confused as to what can and can't be done under the circumstances. The only other thing to add was that my girlfriend called the bailiff earlier this evening and left a message on his voicemail re: payment and that she'd call him again in the morning. Unfortunately, this was before reading through some of the posts - it's a real shame we didn't find this forum before now but you live and learn. As time is of the essence, any good advice would be most appreciated so thanks in advance. Regards, needinfo