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This morning my gf had a visit from one of Equita's finest, regarding my unpaid council tax from years ago. After failing to gain entry he posted a letter through the door statong his intention to remove our goods, in our absence if need be! I'll scan the letter and post it later but can someone please clarify, to ease my gf's mind, that they cannot break in and remove goods, windows and doors already locked etc.

 

Also can anyone confirm if this is true? The baliff claims that he is certificated, and works for Equita as a sub contractor, so even tho Equita is not on his certificate, he can still collect for them?

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Bailiff DO NOT have a right to break-in (yet !) if collecting for Council Tax.

DO NOT let them in - and DO NOT sign a "walking possession agreement"

 

The bailiffs certificate should show the firm he works for - if it does not then he should return it to the Court and apply for a new one.

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This morning my gf had a visit from one of Equita's finest, regarding my unpaid council tax from years ago. After failing to gain entry he posted a letter through the door statong his intention to remove our goods, in our absence if need be! I'll scan the letter and post it later but can someone please clarify, to ease my gf's mind, that they cannot break in and remove goods, windows and doors already locked etc.

 

Also can anyone confirm if this is true? The baliff claims that he is certificated, and works for Equita as a sub contractor, so even tho Equita is not on his certificate, he can still collect for them?

 

Rest assured, these scumbags have no authority to break into your home whether you are in or not.

 

There are only two ways they could legally enter your home in relation to council tax. One is if you let them in yourself, which I'm sure that neither you nor your girlfriend are stupid enough to do; and the second is if they found an unopened door or window through which one of their bullyboys could sneak in. Failing that, they can huffs and puff as much as they like but they cannot and will not break in.

 

I have enough of this company's threatening notices to wallpaper my flat. They are all garbage and you should treat them with the contempt they deserve (they could come in handy in the small room, though - just a suggestion!)

 

The best solution is to come to an arrangement with the council. That way you can avoid Equita's charges (which are frequently way above the amount they are legally entitled to charge). Even if the council won't play ball you can send it the money anyway, which it is very unlikely to refuse. Once the debt to the council is paid, the magistrates' warrant has ended and Equita, if they want to be paid for their dubious charges, can take you to cout. However, they are very unlikely to do so, because that would expose the illegality of their charges as well as their other high-handed practices, such as failing to itemize their charges in the first place. So pay the council, ignore Equita, refuse to be intimidated by their messages and visits and stand firm until, eventually, they give up with their tail between their legs and go away and attempt to bully somebody else.

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This morning my gf had a visit from one of Equita's finest, regarding my unpaid council tax from years ago. After failing to gain entry he posted a letter through the door statong his intention to remove our goods, in our absence if need be! I'll scan the letter and post it later but can someone please clarify, to ease my gf's mind, that they cannot break in and remove goods, windows and doors already locked etc.

 

Also can anyone confirm if this is true? The baliff claims that he is certificated, and works for Equita as a sub contractor, so even tho Equita is not on his certificate, he can still collect for them?

 

Just to clairfy on the part of certification.

 

A bailiff can hold a certificate which belongs to him. A bailiff has to have a bond for each company he works for. So if he works for Drakes, Equita and CCS, he can have one certificate but must have 3 bonds to cover his work for these three companies.

 

This has come direct from HMCS.

 

On the other point, the baliff has to levy and get a walking possession agreed. If you have blinds or curtains, make sure they are shut as some bailiffs will levy your goods through the window.

 

They can not break in and can not remove in your absence.

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Just to clairfy on the part of certification.

 

A bailiff can hold a certificate which belongs to him. A bailiff has to have a bond for each company he works for. So if he works for Drakes, Equita and CCS, he can have one certificate but must have 3 bonds to cover his work for these three companies.

 

This has come direct from HMCS.

 

Just to clarify - how would the debtor know that a bond had been paid?

 

I'm sure I read that if a bailiff ceased employment he had to return his certificate and apply for a new one (I'll see if I can find the link).

 

http://www.dca.gov.uk/consult/distress/annb.pdf

 

[7A]. [(1) In this rule “relevant details” means a bailiff’s name, address or other written information appearing on the certificate.

 

(2) If there is any change in the relevant details, the bailiff shall without delay give written notice of the change to the issuing county court and produce his certificate (“the old certificate”) to the court officer of the issuing county court.

 

(3) When a bailiff gives notice and produces the old certificate in accordance with paragraph (2) above, the Judge of the issuing county court shall issue to the bailiff a replacement certificate reflecting the change in the relevant details but in all other respects (including, without limitation, the date of expiry of the certificate) the same as the old certificate.

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The post made by Watcher is correct. The bailiff MUST apply for a replacement certificate. In addition, if his bailiff bond is provided by Zurich Insurance (the main insurance company provider of bailiff bonds) then the bond is CANCELLED once he moves employer.

 

If the certificate is provided by ESA or ACEA their Terms & Conditions are clear also. The bond is CANCELLED when the bailiff changes employer.

 

If the bailiff is Self Employed, then his certificate wll be in his own name with his personal business address.

 

Can you send me the name of the bailiff by PRIVATE MESSAGE only and I will check our database for you.

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