Equita Bailiffs

[scorpion6474]

Hi,

 

I was recently being chased by Equita Bailiffs for £1,031 council tax which I owed my Council. I told them that there is no way I can pay this amount all at once but they said they wanted all the money or they will call at my house and remove everything.

I called the council a few times and asked them if we can come to an arrangement to clear the amount as the bailiff is very ignorant and won't negotiate - surprisingly they said that they can't help as the case is with Equita and I should sort it out with them. I turned to my Local MP and she got the council to arrange a plan to pay this off but I have to pay the money to the bailiffs.

I was only visited by the bailiff once as he left a letter under my door and for that visit they have added £203 charges. Why??? Is this fair??? I now have to pay £1, 234 instead of £1,031.

 

I would really hate to pay this money to someone who was not even being considerate and try to help me. Can anyone help?

 

Thanks

[chris600uk]

Of course you don't have to pay the bailiffs.

 

You may be able to pay the council online and there's nothing the bailiffs can do about it because the council are not going to give the money back.

 

But you must pay the council every penny the liability order asks for.

 

AFAIK once you've done that the bailiff is reduced in status to just another unsecured creditor.

 

Don't take my word for it, read all the relevant posts on this site.

 

I've just had my debt given back to the council by the bailiffs.

 

It can be done.

 

Hope that helps,

 

Chris

[scorpion6474]

Hi Chris,

Thanks for the above.

Any ideas what actions Equita will take if I don't pay them the charges?

Much appreciated

[chris600uk]

This is important.

Get together every scrap of paper they've ever given you, and make a note of everything that's been said to you and by who.

 

Then tell everyone here all about it, obviously editing out personal identities etc.

 

As for what Equita will do about it...

 

That will depend entirely on what actions you take, which should (in my view) depend on the information you gain from this website.

 

It really worked for me:) have a look at my story and you'll see http://www.consumeractiongroup.co.uk/forum/bailiffs/120845-rossendales-final-reminder-i.html.

 

There's lots more with loads of info and everyone on here will do their best to help you.

 

Chris.

[scorpion6474]

Well, I stupidly shredded all the papers they sent me but here is exactly what happened.

 

Letter received from Equita stating that I owe the council £1,031 and they need to collect it ASAP so I should give them a call to discuss.

I really stress about this kinda stuff so I (again) stupidly ignored the letter. But then they sent me another letter saying that I must make a payment in full or the bayliffs will be instructed (this again was for £1,031). I started looking for some alternatives. After a few days, when I came home from work the bailiff had left a letter under my door with huge heading saying URGENT.

I was only made aware of the £203 fee when I called the bayliff to make my monthly arranged fee of £310. This was my second payment and he told me that I have £614 outstanding even though I have paid £620 already. I was so upset so I asked him why the extra £203? He advised that this must be the fees incurred.

 

No written evidence, but why should I pay these guys so much money when they never really did anything apart from 1 little visit to my house

[chris600uk]

THE COUNCIL TAX (ADMINISTRATION & ENFORCEMENT) REGULATIONS 1992

AS AMENDED BY THE COUNCIL TAX (ADMINISTRATION & ENFORCEMENT) (AMENDMENT) (NO.2) REGULATIONS 1993,

THE COUNCIL TAX (ADMINISTRATION & ENFORCEMENT) (AMENDMENT) REGULATIONS 1998,

THE COUNCIL TAX (ADMINISTRATION AND ENFORCEMENT) (AMENDMENT) (NO. 2) (ENGLAND) REGULATIONS 2003

AND THE COUNCIL TAX AND NON-DOMESTIC RATING (AMENDMENT) (ENGLAND) REGULATIONS 2006

SCHEDULE 5 CHARGES CONNECTED WITH DISTRESS

1. The sum in respect of charges connected with the distress which may be aggregated under Regulation 45(2)

shall be as set out in the following Table-

(1) Matter connected with distress

(2) Charge

A For making a visit to premises with a view to

Levying distress (where no levy is made) -

 

(i) where the visit is the first or only

such visit): £24.50

 

(ii) where the visit is the second such

visit: £18.00

 

 

That's from the horses mouth so to speak; so only if a CERTIFICATED BAILIFF called that day, then you owe them £24.50 IMHO.

However, someone more knowledgeable may have more to add.

 

Who did you pay, and how did you pay them?

 

Chris

[scorpion6474]

I paid Equita. First time I used a GIRO slip and recently I called them up and paid by debit card

 

I can't understand why they have charged me so much then.

 

Do you reckon writing them them a letter to detail all the charges is the best bet?

[chris600uk]

Yes I do, I did, and I emailed them and sent a hard copy recorded delivery,

there are template letters on this site that you can use, or cut and paste from posts.

 

 

You need to adopt a plan and organise your letters and paperwork, and you need to spend some time reading the posts on here, because it will be a fast track course that will give you confidence to deal with them.

 

Hope that helps,

 

Chris.

[scorpion6474]

Thanks a lot for your help, highly appreciated.

 

I know what I will be doing this weekend

[chris600uk]

It will be worth every minute, and you'll start to sleep at night.

 

Chris

[tomtubby]

You need to write letter to the company to say that you are aware of your rights and are also aware that the Statutory fees allowed for the collection of council tax are £24.50 for a first visit and £18.00 for a second visit.

 

Remind them also that the fees charged by them are way in excess of this and that you suspect that they have attempted to charge levy and van fees. In order for these fees to be charged when enforcing a council tax, the bailif MUST first have levied upon goods and that these goods would been recorded on a Walking Possesssion form that you would have signed. Only AFTER this has happened, can bailiffs return to remove those goods that he has previously "seized". There ia very clear case law on this point.

 

A bailiff has neither gained entry into your home and neither have goods been levied upon.

 

Sadly, this is a very common charge that bailiff companies "attempt" to add to your acount.

 

Challenge it immediately and inform the bailiff company that unless they can confirm to you by return, that this charge has been removed, then you will ONLY make payments to the council and that you will be considering a formal Form 4 complaint against the bailiff concerned.

 

For the collection of council tax, a valid levy of goods MUST be in place BEFORE van charges can be applied.

[scorpion6474]

Thanks tomtubby.

 

You don't have any template handy do you (sorry , i'm being lazy)

 

 

Many thanks for your help