Equita cannot cancel direct debit ?

[GRAZEL]

My girlfriend has a direct debit with Equita of £200 a month for council tax owing.Today the guy phones up saying he must have all the money by Friday or they will turn up at the door etc etc.

 

He says the direct debit will be cancelled and that she must pay the full arrears of £700.

 

I am aware they cannot cancel a direct debit ( which has been honoured /paid for the last few months) as it is a contract. I know he can't get in as he hasn't been in before and she won't let him in or sign a walk in possession etc. I know as the debt as dragged on for a while if he closes it quickly he gets a bonus from his boss ( know this from another bailiff! ).

 

So he is using intimidating tactics. Can someone tell me what she can tell him on the phone please? e.g. 'You cannot request this money or cancel the direct debit as such and such ruling dated 19** states etc'??

 

Many thanks in advance folks.

[B.A.Ts]

Technically no he cant do this, he has entered into an agreement/contract, if you have not defaulted then he has no grounds to demand the rest of the money.

Out of interest how much was the initial debt for the council tax, has he ever entered the premises do to a levy or Walking possession order. I suggest your girlfriend writes to the council explaining what this bailiff has done and that he is threatening to come round even though she has been paying an agreed amount on time and has not defaulted any agreed payments, The council may just take back the debt, its worth asking.

Unless this bailiff has done a WPO in the property then he cannot force his way in.. so dont let him in.

[B.A.Ts]

It may be worth PMing tomtubby with the bailiffs name as he can check that this bailiff is certified

[Renta Mouth]

Phone the HMCS Bailiff register on 0207 210 0516 to make the check.

 

This number is publicly available informaiton.

[tomtubby]

If you need to check the position of the certificated baiiff before Hm Courts offices open at 10 let me know and I will l search for you.

 

I am very surprised that the durect debit was cancelled. In additon I am surprised that the bailif agreed to it without at least trying to gain entry into the property and listing items on a walking possession.

 

 

I am usure of the position of the direct debit being cancelled. The payer can cancel at any time and should inform the bank and the Originator (Equita). Whether the Originator is able to cancel I do not know.

 

Have any of the payments been refused by the bank? i

 

f so this is the most likely reason and is therefore more difficult to resolve. Once I know the answer I can advise further.

[GRAZEL]

Thanks for replies. However I have now had my girlfriend explain it properly.

 

No was NO direct debit, it was meant to be £200 a month originally bit when the first payment became due she had no money in the account and subsequently cancelled the direct debit ( to stop bank charges etc ).

 

The bailiff then started ringing her in the late evening every Sunday demanding money. She paid my maestro card over the phone, a couple of £80 payments and £200 at end of July.

 

Now the alarming bit ..... He took £200 from her account via the original maestro card details at the end of August!!! He had obviously kept the card details from the earlier agreed payments with my girlfriend. On this occassion he just helped his self.

 

She never agreed to this although I suppose he will claim she did.

 

 

Yes cheers mate if you could look him up - Equita - his name is (EDIT) many thanks

[GRAZEL]

Didn't get PM from Tom but not too worry.

 

My girlfriend phoned the council and has a meeting with them today at 4pm. No women was horrified and said she will sort it all out with the legal dept. So hopefully a happy ending and thanks for all your help.

 

I cannot believe however that the bailiff took £200 without permission from previous card details. Is there any recourse there?

 

The bank actually honoured it despite there not being enough in the account. Got a £12 charge though of course!

[B.A.Ts]

Get on to your bank and tell them what has happened they may take back the charge and there is a case for fraud but its a long road to go down but your bank may help you as this was an unauthorised transaction

[GRAZEL]

Ok, thanks again.

[B.A.Ts]

I found this on Drakes 'code of practice'

 

I think this may cover all debt/bailiff agencies

 

Receipts - A receipt must be issued on every occasion where a payment has been made, regardless of whether the amount is £1 or £1,000. Each receipt must contain all relevant details of the defendant/debtor and the issuing client, any applicable reference number(s), amount(s) paid, whether credit/debit card, cash, other form of payment, and any outstanding balance. Your and the defendant/debtor's signatures are required on the receipt to demonstrate that both parties agreed to the terms and details of the transaction. When a payment is taken via the telephone, a receipt must be either hand delivered or sent by post to the defendant/debtor as soon as possible.

[GRAZEL]

Excellent B.A.T.S , thank you and you for pm Tom.

[tomtubby]

I have checked the register for you and can confirm that he is certificated. His certificated was due to expire on 15th August but was renewed early in June 2007. The cert is valid for 2 years.

 

The course of events that you have descibed above would be normal, in that the bailiff will cancel the arrangement because a payment has been rejected.

 

The situation concerning taking money from the bank account IS STRICTLY FORBIDDEN, but is sadly quite common place.

 

I am going to be posting a recent newspaper article about this that was featured in the Mail on Sunday a few weeks ago.

 

In order to get the payment arrangement back. I would suggest that a letter is sent ASAP to both the bailiff company AND local authority complaining about the way this payment was taken and to say that you are now considering making a FORM 4 Complaint to Northampton County Court ( where he was granted his certificate).

 

You could either ask that payment arrangements are set up again but at an afordable level WITHOUT a direct direct mandate being agreed or ask that the debt be returned back to the council.

 

Personally, I would go the council route.

[tomtubby]

Here is the link to the article concerning taking payments from a credit card without authority.

 

Hetherington: Debt collector who calls twice | This is Money

[GRAZEL]

Many thanks again Tom. very helpful