An open letter to Equita, and a quick hello

[pickman600]

Hello People. I'm new here but I have consulted you website and forums fo advice for a long while and wish to thank everyone for all their hard work and good advice that has appeared on these pages over the years.

 

I am currently dealing with Equita who are persuing my friend that I live with for a parking ticket. We have paid it off via their website after they refused our reasonable offers of payment) but they are still harassing us with reguards to their extortionate fees. At present they are planning to call again at the weekend, and have already charged us for several visits with the van in attendance. how eer although there is more often than not someone always in, we are yet to see anyone! All correspondance bar one letter has been recived by post, and they have, other than the first visit, left no evidence of their attendance at our property.

 

I Think maybe they are championing a new employment initiative for invisible people.

 

Anyway, below is a letter I have just finished writing to them, I was wondering If I could be cheeky and ask for feed back, just to double check I have my facts right. Any comments would be greatly appreciated. I am also happy to share the contents of this letter for anyone wishing to use it as a template to write to Equita about a similar matter. I really detest those cowboys and if anyone wishies to use any parts of this letter to make their lives slightly more difficult, you have my full permission to do so.

 

Many Thanks x

 

 

The Letter:

[DENOTES EXPLANATION ON INFO REOVED FOR PERSONAL REASONS]

 

 

Equita Certificated Bailiffs

42-44 Henry Street

Northampton

NN1 4BZ

 

15/10/207

 

 

Data Protection Act 1998 Subject Access Request

 

 

Dear Sir/Madam

 

RE: ACCOUNT - BAILIFF REF XXXXXXXX, PIN XXXXX

 

We are writing to you to request a full statement of the above account. Your records will show that we have paid in full the remaining £XX.XX [uNDER £85] that was left on the original account balance via your website, as your bailiffs who have worked on this case repeatedly refused to accept our reasonable offers of payment and demanded recompense in full, often over the phone and refusing to give any exact amount due or offer to provide a receipt.

 

However, following your letter dated 11/10/2007 Informing us that you would call this coming weekend to “remove our goods for auction” we were informed over the phone by your bailiff Mr [bAILIFF] over the phone that the remaining balance was £XXX.XX [iN EXCESS OF £350], which we can only assume to be your charges.

 

Please could you send us a full and comprehensive statement of the above account, explicitly detailing the charges that have been made, what they were for and the dates on which the were added to the account. Please also include with this information any dates and times that your bailiffs have claimed to have visited this property, either with the van/removal contractor or a walking visit, that have incurred any charge.

 

Please note that failure to comply with above request will result in us issuing a complaint to the Information Commissioner regarding your handling of my personal data.

 

Please could you also include the most recent copy of Equita Certified Bailiffs’ fee tariff so we can compare this to the Road Traffic Act Schedule of Statutory Fees.

 

On receipt of the above requested information, we shall examine the fees charged to this account closely, and any we feel are unlawful, made as the result of a ’phantom call’, unreasonable or excessive we shall report to Northampton county council and also the County Court. Please be advised a copy of this letter ahs been sent to both.

 

We feel it nesseceary to once again re-iterate in writing that we will still refuse entry to your bailiff should he call. You are not, or ever have been, in ownership of a walking possession order, so attending with a van is pointless, please do not say you have done so and continue to add charges. The property will be fully secured at all time and any attempt to gain access via other means will be reported to the police.

 

We are fully aware of our rights to refuse entry in this matter, seeing as the warrant was issued through the county court. Please do not continue to threaten and harass us. Any further threats made by yourselves or your bailiffs like the ones we have already received about “drilling through locks” “attending anytime of day or night” or “informing the police” will not be tolerated, They will, however, be continued to be recorded and reported to your trading standards association (ACEA) the county council and the count court that issued the certification of your bailiff.

 

Please also expect a full written complaint regarding these matters to reach your own complaints department shortly.

 

We have been assured by your offices tat there are no charges incurred in requesting copies of the above data, so none has been enclosed. We look forward to your prompt and professional reply within the next 14 working days

 

Yours Sincerely

 

Etc Etc

[alexteh]

Wouldn't bother with ACEA as they are basically run by the bailiffs for the bailiffs and as far as I can tell exist merely so that they can all get together and have a laugh at people like me and you who complain.

 

I would lodge a complaint with the court where the bailiff is certificated though.

[pickman600]

I know. and the ACEA have a rediculously long winded complaints procedure that, in the end, dosen't really achive that much. however I still like to badger people.

[Oh Boy!]

Here Here!

 

ACEA are run by bailiffs for the bailiffs on fridays they have a "Tell us your Story" drink up at the local. Believe me it means nothing.

 

But the prospect of a complaint at the local court where the bailiff would of had his certificate can get any bailiffs bottle going, the Judges hate feral bailiffs, they take an absolute dim view, I had to deal with a bailiff from JBW, i dragged him into court, and he had his licence suspended with a warning that he was facing a possible revocation if any further offences came to light.

 

Rock their dam boat, Oh and dont bother with complaining to Equitas complaints department, these will be managers who drink with the bailiffs so thats a waste of time, by all means send them a copy but dont expect anything.

 

If you do not own the car any longer or have sold it then the bailiff will not bother to come round, he knows he will not be let in, otherwise if he finds the car you will not have a leg to stand on if he towes it away, the police will just say "civil matter".

 

Much Love!

[pickman600]

Nope the only car in the household is mine, and it's not me on the liability order, so if they tow that then I will have a field day.

 

Complaining to the bailiff and the acea is just going through the motions to cover my back, we've been recording recent conversations and sockpiling letters that make threats so we have the actual hard evidence.

 

These guys are doing my nut. If I can cause them anykind of paperwork then I will find a way to do so. Just got off the phone to one f their bailiffs, who said quoting things from the internet that you dont fully understand will get you in trouble. Hah. Know your rights people, it really rattles their cage.

[whitley]

I've got equita on my case over a debt that is not mine. They said they would refer it back but are still pursuing. I am not stupid enough to be intimidated by these ****, but it does make me feel uneasy about leaving my property unattended. How do I get them off my back?

[Recycler]

good letter

 

I may be wrong but i thought if you have paid off the "debt" I didn't think the bailiff could call for fees alone

 

 

You should consider doing several other things in parralel

 

Check the date the warrant was issued via Traffic Enforcement Centre 08457 045 007 - this is usefull when calculating the diary (or lack) of enforcement actions which may (or may not) reflect the fees

 

Which Council / Local authority issued (this may be unenforcable) the PCN & when & what was the PCN debt due via the bailiff -

 

Office of Fair Trading - Debt Collection Unit Fleetbank House

2 - 6 Salisbury Square London EC4Y 8JX- 020 7211 8000 now theres someone worth putting things on the record with.....

 

presume you've found the governing regulations for bailiffs fees chargeable collecting rd traffic debts?

 

also a pt4 complaint can be an effective tool if you belive you have a complaint against the bailiff The Necesary Form is to make a complaint is available here

 

Check whether your Bailiff had a Certificate ring HMCS Bailiff register 0207 210 0516

 

 

[karenlc]

Hi there, would I be right in saying that if you made full payment through Equita's website, it is possible that your payment has been set against the bailiffs fees and not been paid off the original parking ticket, in which case they will say that they are still persuing that.

I know that doesn't explain the huge charges, but I have read this is what happens with council tax.

[Coasters]

Hmm karenlc I was thinking exactly the same thing myself.

 

From my limited understanding it is always better to pay the people you are alleged to owe rather than the Bailiffs directly.

 

Remember most Bailiffs are in it for the fees they can charge, rather than the people they are collecting for. It is, after all, a buisness. Some Bailiffs have a heart, most do not.

[pickman600]

Thanks for the info Recycler, all is much appreciated and will be used.

 

As for offsetting what been paid against their fees rather than the debt, I had thought about this issue; the way I see it is we began paying through their website after they repeatedly refused our offer of £10 a week in person, but before they added most of these charges, they ahd added maybe the £11.20 for the letter and the £20 odd quid for the first visit fee - which, on recipt of a full statement detailing these charges we would be happy to pay. All the £140 + "attendance with van" fees have been subsequent to our payment plan. I've kept all the email invoices for the payments, and also screen captured the confirmation page on their website to prove we've been trying to pay off a reasonable amount every so often. I don't know if that'll help us in the long run but it's somthing at least.

 

We did request for the acount to be sent back to NCC after the harrassment started, but they didn't want to know.

 

Another intresting point is that we have been passed from bailiff to bailiff - one of the previous, and yes, more threatening ones having been suspended for misrepresentation of powers. I think we're getting a new one this weekend! The guy on the phone said he would pass the case on to one of the more "firmer" bailiffs if we continued with our course of action.

 

Ah, yes, Also got a SECOND letter put through the door stating that they could and would call "at any hour of the day or night" - which I believe is misrepresenting their powers again? - This will result in another fee of £140. Yay...

[Guest googlei*k]

Hello

 

Equita send out in bulk thousands of removal letters every day, they have a massive emotional pull on people as they intimidate the impression they are going to enter your house and remove goods.

 

Fact: equitas bailiffs DO NOT want to remove goods, they do not have the time they do not have anywhere to take the goods and they certainly do not want to feel in all the forms they have to once they have filled in all the other forms re levy before they take the goods. The letters always work because people react in an emotional way.

 

from a business position they no for every 10000 letters they send out 500 - 1000 will pay in full and generate a lot of revenue. They DO wack there fee's on and if you pay on the site this will deduct off the balance, you can ask the council for how much using there terms has been remitted. find out how much the lorignal iability order was for and pay that, they then if they try and enforce have an unsecured loan which they cannot enforce by a bailiff. Please also remember the baillif is deliberatly not told anything by equita as they just throw a load of work at them and send them off literlly round the houses. Golden rule, never let a bailiff in, comm only in writing, Im sorry to say chances are Your case will be alocated to a bailiff who will not be told about your letter, best to send it to the council and ask for the case to be dealocated. Equita are often in court as you would expect, the biggest thing they are guilty of is charging an enforcement fee of £150.00 without a levy and people pay it because the bailiff scared them. cheers googleinteluk

[FairPlay77]

Hello

 

Equita send out in bulk thousands of removal letters every day, they have a massive emotional pull on people as they intimidate the impression they are going to enter your house and remove goods.

 

Fact: equitas bailiffs DO NOT want to remove goods, they do not have the time they do not have anywhere to take the goods and they certainly do not want to feel in all the forms they have to once they have filled in all the other forms re levy before they take the goods. The letters always work because people react in an emotional way.

 

from a business position they no for every 10000 letters they send out 500 - 1000 will pay in full and generate a lot of revenue. They DO wack there fee's on and if you pay on the site this will deduct off the balance, you can ask the council for how much using there terms has been remitted. find out how much the lorignal iability order was for and pay that, they then if they try and enforce have an unsecured loan which they cannot enforce by a bailiff. Please also remember the baillif is deliberatly not told anything by equita as they just throw a load of work at them and send them off literlly round the houses. Golden rule, never let a bailiff in, comm only in writing, Im sorry to say chances are Your case will be alocated to a bailiff who will not be told about your letter, best to send it to the council and ask for the case to be dealocated. Equita are often in court as you would expect, the biggest thing they are guilty of is charging an enforcement fee of £150.00 without a levy and people pay it because the bailiff scared them. cheers googleinteluk

 

(edited)

I would urge anyone with a legitimate complaint against a bailiff company to do the following:

.

1. Write a strongly worded but not abusive letter to their head office refusing to pay any illegal charge and threatening them with the courts and police. Inform them that, as a protest against their threats, etc., you will only deal in future with the council, etc. that originally hired them.

 

2. Report ALL violations by bailiffs to (a) your local police (b) the court with which the company is registered © The trading standards department of the local council in the area where they are registered. (d) The Deparment of Trade and Industry (e )If they have used the mail to make threats you could also report them to the investigations branch of the Post Office. (e) If you have facilities for recording calls, always record your conversations with them and if they threaten you, report them to the investigations branch of British Telecom.

 

3. Make a full report to the council that has hired the bailiffs. If you do not get a satisfactory response, report the matter to your local councillor. Always stress the fact that the council has the power to take the case back from the bailiffs and don't let them hoodwink you into believing they cannot do so.

 

4. Report any especially serious violation to the media.

 

(EDITED)

[Iyad3]

I had a long running with Equita - I paid outstanding fines but they still wanted more which they claimed were as a result of bailiffs visit. I was very incensed and spent quite a long time researching my options and what help I could get on the web. I came across baliffsadviceonline, who after I'd stated my case, drafted a strong letter for me to send to Equita. The result - Equita stopped pursuing me, accepted my payments and confirmed the matter was closed!! All it cost me was £20 for baliffsadviceonline services -- peace of mind....... Take the battle to them! Good luck.

[proph786]

Lots to digest excellent site thanks to all for now - special thanks to Pickman600, Recycler, FairPlay77 and Iyad3.

 

If you get a chance have a l@@k at my post - any tips would be appreciated.