Advice Needed Please....

[Dazt36]

Hi everyone,

 

Today I have received a Removal Notice from Equita (dated 14/01/2008 ) for unpaid Council Tax, saying that they will be visiting my home this weekend with a removal contractor to remove goods to the local auction house, unless I pay the full amount outstanding in good time before they call...?

Now this is the first dealings I have had with Equita, as up until November last year (until I was made redundant) I was dealing with another bailiff company called Rossendales.

Before I lost my job I was paying £50 per week to clear the arrears, but this subsequently stopped in mid November, and although it's wrong to do so I did try to switch off from the worry of it over the Christmas period.

When I originally dealt with Rossendales I did open the door to the bailiff, although she never entered the property (possibly because I had a 3 month old baby in my arms. She highleighted the situation and then handed me a walking possession agreement on my car, which was parked outside. She didn't ask me to sign them and I never have done to this date. But what I want to know is; does this give any right of forced entry to Equita? The car has since been transferred over to my partners name and is still parked outside my house as I am now just a named driver - could they still take it?

 

My main thought is not to open the door if anyone turns up this weekend and contact the council first thing tomorrow????

 

Thanx in advance for any advice

 

Daz

[chris600uk]

What does it say on the Walking Possession Agreement? does it list the car?

 

From what you've posted (need more info) there is no right of forced entry to the house.

But it's possible that there's a right to take the car unless it's hired, leased, belonged to a third party at the time the levy took place.

 

You need to check that the bailiff who's name is on the WPA had a valid certificate to work for Equita on that day.

 

Chris

[chris600uk]

If TT pops in she'll be able to check the certificate, otherwise you'll need to ring the Ministry of Justice in the morning.

[Dazt36]

Hi Chris,

 

Thanks for getting back.

 

The original walking possession does state a Levy on the car, but was issued by Rossendales - a bailiff and debt collection service - earlier last year. I never signed any of the walking possession paperwork that was left, just called them afterwards and agreed to pay them back at £50 per week by bank giro, but as you see I unfortunately failed to stick to the payment arrangement.

Since I stopped paying in mid November I have had no repsonse from Rossendales (I know I should have informed them of my situation), just this new Removal Notice letter from Equita.

I have had no dealings with Equita until now.

The car had been transferred to my partners name on the exact same day as the Levy, coincidence I know, but we had at the time expected some financial trouble and it was more of a precaution at the time.

My partner has another car and is often parked here too, this is on HP for another 2 months, I just hope they don't try to clamp that in their attempts to intimidate????

 

Cheers

 

Daz

[chris600uk]

Hmm, interesting.

 

The car that was WPA'd by Rossendales.

It sounds like Rossendales have abandoned the levy, you need someone like TT to advise for definite, so on that basis the car would appear to be safe.

However simply putting it in your partners name might not be enough unless their name and their address is different to yours.

That's because Equita's bailiff will have the right to presume it's yours if it's on your property, so if your partner lives with you and is also potentially liable for the same council tax arrears, then it would be at risk of seizure unless you park it well away from the house.

 

The other car on HP

Right now, it should be ok. But that's not going to last.

 

"My main thought is not to open the door if anyone turns up"

Absolutely right, no matter what they do. You should do everything in writing and in fact I would write up a letter in word, put a digital signature on it, email it first and then send a backup by recorded delivery.

 

"contact the council first thing tomorrow????"

 

If you think you can get them to take the account back, yes

 

Next question, could you be classed as vulnerable, ie a single mother with a baby with no-one else living at the address?

 

Chris

[chris600uk]

This is what I would send to Equita

 

( bailiffs address)

 

(your address)

(date)

 

Dear Sir/Madam,

 

Re: ********* Client reference *********

Please understand that I am fully aware of my rights and you will not

gain entry to my home under any circumstances to levy goods

I know the fees allowed under statute and when these fees can be applied.

 

Dear Sir/madam,

 

Re: REMOVAL NOTICE dated (date on their letter).

You have not gained peaceful entry to my home, and so you have no right of entry.

 

 

 

 

I have not refused to pay the Council Tax or the arrears.

I am sending a copy of this letter to ********* City Council

 

 

 

Yours faithfully,

 

 

 

I'd be interested to know if anyone has any comments on it good or bad,

 

Chris.

[Dazt36]

Thanks again Chris,

 

I could be classed as a single father. With two children one at 3.5yrs and the other 5 months, with no-one else living at the address.

My partner did move in when our baby was born (the eldest is from a previous relationship), but due to other circumstances that I don't really want to go into means that this isn't always the case. So as far as anyone is concerned I am a single father of two.

The car is still registered at this address, as is her HP agreement on the other car, as the plan was for her move in to be a permanent thing.

I have only been able to get part time work as the nursery fees for two kids, all day, wouldn't make it feesible to work at all. I started a new part time job on monday but this means that I only earn around £480 per month. I do get some help from the government in tax credits, but I have been unable to get help on rent and council tax - and rent takes up £500 pm and half day nursery fees of £110 per week!

I am hoping I can come to some arrangement with the council...?

 

The worst thing is, while I was out of work I never claimed a penny of the governement. The little savings I had and a little help from some friends helped pay the rent until I found new work.

 

Thanx again

 

Daz

[chris600uk]

Oops:oops: sorry for the assumption sir.

I suppose the question is whether a single father can be considered vulnerable or not, and I'm not sure about that.

 

I do know that £480 is a very small amount of money to earn in a month, and you may well be better off not working at all and claiming benefit. Sorry to put it like that but I know that I would claim it if I was eligible, or could so arrange my financial affairs so that I became eligible.

 

You've also talked about rent of 500mthly + nursery fees of 440mthly, and lets say around 320mthly for food, heat, light, clothes, utilities etc.

So presumably the extra that pays for it is cos you're lucky on the horses:wink:Don't post it on a public website if it's anything else:wink:.

Being a public website all sorts of people read this, including bailiffs.

 

How much is the debt for?

[chris600uk]

Although I don't beleive it is, because I don't know for certain, just in case the original levy is still alive, here are the phone numbers at the Ministry of Justice so you can check the bailiffs certificate, the one named on the original levy, and the one named on the removal notice.

DON'T POST THEIR NAMES ON THE PUBLIC SITE HERE, let us know by pm only.

 

0207 210 0431/0516 They are very nice and very helpful, they don't take sides, they just administer the central register.

[Dazt36]

Hi all,

 

Just to let you know that I contacted Rossendales, offered a payment plan of a few hundred quid as one-off payment (to be borrowed) and then to negotiate a reduced weekly payment plan after that. I was originally paying £50 per week before i fell behind in November.

However, they accepted the one off £payment but said that for the weekly payments I would have to pay £200 per week, which is impossible...

Now today I called the council and managed to get the debt reduced from just over £3000 to £2000, due to being single since for a few years but being charged for two adults living at the property. Although they won't take the debt back they will inform Rossendales of the reduced debt.

 

What I want to know is: Could I just make an affordable payment of any kind on a regular weekly/monthly basis, stick to it, and inform them of my intentions to pay this irrespective of whether they accept it or not? I do have a load of bank giros that they posted when I first agreed the payment plan.

 

Surely, as long as I am paying something off the debt I am seen as not avoiding paying off the debt and doing my best to reduce the arrears.

 

Also, what are the chances of getting the council to take the debt back if I go to my local MP? I've read this a lot on here, but get the feeling a lot of people will be doing this and local MP's might just get too many of these and just start filing the letters???

 

Your help is forever valued

 

Daz

[Boro]

Put a payment offer which you can afford in writing to rossedales and copy it to the council, send this recorded delivery, keep to these payments and under no circumstances allow the bailiff to enter your property, if you have a car of value i would suggest you find somewhere safe and out of site to park it from now on rather than outside your house, rossendales may not like it but no judge is going to allow your committal if it can be seen that you are having difficulties in paying and are making regular payments, furthermore rossendales will still only be able to charge you fee's for two visits legitimately, first visit fee £24.50 and second visit fee £18, oh just noticed that they have levied on your car, well i would still do the above, how much is your car worth? didnt you recently sell it to a family member and can prove this with receipt? not that im suggesting anything here

[Dazt36]

Cheers Boro,

 

Car is maybe worth about £800 at best. Transferred ownership on the same day as the so called levy, which had only been sent off the day before the bailiff turned up, although I haven't signed a WP or anything, so still unsure as to what their rights are on the car or what a levy actually means?

A receipt for the sale is available.

 

Daz

[Boro]

The levy is invalid if the good levied do not belong to you, they cannot use the argument that well your the registered keeper either as to quote "the registered keeper is not necessarily the legal owner" or words to that effect, good luck

[chris600uk]

Rossendales appear to have abandoned the original levy, so Equita are starting from scratch it would seem.

 

I would park the car away from the house anyway, better safe than sorry.

 

 

Chris.

[Dazt36]

I'm also informed by both the council and Rossendales that neither of them know about Equita. The debt is still with Rossendales.

 

Is it possible that Equita are picking this debt up off a database and just using the usual scare tactics? As the letter from Equita does not state an amount I owe just this....

 

Despite previous applications for payment you have failed to pay the outstanding council tax due to xxxxxxxxxx city council.

 

Therefore, I have been issued your case so that I can call at your home this coming weekend with a removal contractor when I will remove your goods to the local auction house.

 

I would prefer that you were in attendance when your goods are removed and should another day be more suitable I urge you to contact me on the number below immediately.

 

Should you prefer to pay the balance outstanding, I will require the full payment to be at this office in good time before I call.

 

Yours sincerely

 

Robert Langley

Equita Limited

 

That's it, no mention of the outstanding amount!!!!!

[chris600uk]

So it seems that Rossendales have not abandoned the levy on the car.

The car had been transferred to my partners name on the exact same day as the Levy, coincidence I know, but we had at the time expected some financial trouble and it was more of a precaution at the time.

 

 

I would say that you have 2 lines of attack.

 

i) That the levy on the car was false because you had just sold it. You may have to explain why you didn't inform the bailiff who made the levy of this at the time.

 

ii) To check the bailiffs certificate, because if it was invalid at that time, then so was the levy.

 

If either of those conditions is positive for you, then you can effectively reset the clock, and go back to denying them entry.

 

But you must work quickly, and phone the Ministry of Justice to check that certificates validity for the date on the levy on the car.

[tomtubby]

Dazt

 

This case is certainly complicated and I am at a loss to understand where Equita come into the frame?

 

Can you let me know by PM ONLY the name of the bailiff who levied on your car so that I can search our database to ensure that he is certificated.

 

If the levy is only on the vehicle then this is all that can be removed...assuming that it has not been abandoned, which I would argue has happened.

 

Clearly the bailiff has NOT been into your home and therefore you can refuse entry and agree instead AFFORDABLE repayments.

 

You need to send a Subject Access Request to get a full and detailed breakdown of the fees and charges.

[Dazt36]

Hi Tomtubby, or anyone for that matter,

 

Could you explain what a Subject Access Request is please?

 

Thank you

 

Daz

[tomtubby]

Section 7 of the Data Protection Act 1998 provides that you a bailiff company, working on behalf of the local authority, MUST provide on request, a complete and detailed breakkdown of the fees and charges that have been applied to your account. In addition, you may request proof of visits and also proof that a bailiff was certificated.

 

The bailiff company, by law MUST provide this information within 40 days of the request, and nornally there is a charge made of £10.

[Dazt36]

Hi all, can anyone point me in the direction of a template letter I could send to my local MP, in the hope that he can persuade the Coucil to take Council Tax debt back on. Or even just some words that I should be saying to him....?

 

Thanks for your help guys

[chris600uk]

Not really, your best hope is to follow tomtubby's advice.

 

The bailiffs can choose to hand your account back to the Council, the MP can't make them do that.