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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Peterborough City Council & Equita


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I have a council tax Bill for around £107 for a flat i used to live at in the Peterborough Area back in May 2007

 

I am in receipt of JSA and have informed Peterborough City Council of this.

 

Today, i phoned the council and tryed to make payment of £10.00 towards the outstading balance of £107 which they refused to take.

 

I received a letter from Equita Certificated Bailiffs on 22/02/2008

 

which they said, they have added £43.29 worth of charges

 

and said, unless i make payment of £40 per month they would continue to add charges.

 

So i tonight went to the Peterborough council website and used the Epay option to make a payment on the account which was accepted.

 

I have never receievd a Order from the court for this address but did for a previous address which was all paid off.

 

I have asked them to send me a copy of the order which they refused.

 

I have now complained to the local MP to look into.

 

after seeking legal advise, ive been told, they can use lock-smiths to gain entery into where i am living now (not mine) live with my mother, she ownes the house.

 

Im fed up with this Country, People which are hard up financially seem to be taken for a fool and made even more in debt.

 

I advised the Council on the phone that they have a legal duty of care regarding who they pass the debt out to and if Equita act illegally i shall prosecute Peterborough city council. She did not like this and put the phone down.

 

What are my options guys

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Thread moved to Baillifs Forum.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Guest Screw The Bailiff
I have a council tax Bill for around £107 for a flat i used to live at in the Peterborough Area back in May 2007

 

I am in receipt of JSA and have informed Peterborough City Council of this.

 

Then why do you have a council tax liability, you would be claiming CTB.

 

Today, i phoned the council and tryed to make payment of £10.00 towards the outstading balance of £107 which they refused to take.

 

File a complaint of misfeasance against the council with the LGO for refusing to accept a council tax payment and subverting Regulation 21 The Council Tax (Administration and Enforcement) Regulations 1992

 

I received a letter from Equita Certificated Bailiffs on 22/02/2008

 

which they said, they have added £43.29 worth of charges

 

and said, unless i make payment of £40 per month they would continue to add charges.

 

Committing blackmail is not allowed. Keep a copy of that letter, you'll need it when completing a Form 4 Complaint.

 

So i tonight went to the Peterborough council website and used the Epay option to make a payment on the account which was accepted.

 

Did you get a receipt?

 

I have never receievd a Order from the court for this address but did for a previous address which was all paid off.

 

I have asked them to send me a copy of the order which they refused.

 

Add that to the LGO complaint because they failed to follow Regulation 33 The Council Tax (Administration and Enforcement) Regulations 1992.

 

I have now complained to the local MP to look into.

 

after seeking legal advise, ive been told, they can use lock-smiths to gain entery into where i am living now (not mine) live with my mother, she ownes the house.

 

Not true, if the bailiff hasnt gained entry they are cannot use a locksmith. This

shows a bailiff threatening a consumer with a locksmith without a levy.

 

Im fed up with this Country, People which are hard up financially seem to be taken for a fool and made even more in debt.

 

I advised the Council on the phone that they have a legal duty of care regarding who they pass the debt out to and if Equita act illegally i shall prosecute Peterborough city council. She did not like this and put the phone down.

 

What are my options guys

 

1 Check the bailiffs credentials, if you find an irregularity then report back and we can give further options.

 

2. You have grounds to make a Form 4 Complaint against the bailiff, a) comitting blackmail, b) threatening to get a locksmith without a levy c) threatening to levy on somebody elses goods, d) and read this checklist of grounds to see if there's anything to boot.

 

3. Get that complaint off to the LGO without delay. cc an MP if you like.

 

4. Get a CTB claim started, that'll stop further council tax arrears.

 

5. Make a letter from this template and hand it to the bailiff through the letterbox or a window if he returns.

 

Finally, keep your car in a safe place, NEVER open the door to a bailiff and ALWAYS speak through a window. If you feel imtimidated or he threatens you then call police on 999 reporting a robbery in progress with a suspect still on the premises. Show the officers the documents through a window. Keep a camcorder handy.

 

There is a potential criminal element to this case, let me know if you want to explore this.

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Here is emails i have sent

 

 

 

 

From: Dave

Sent: 01 March 2008 01:29

To: '[email protected]'; '[email protected]'

Cc: '[email protected]'

Subject: FW: Bailiff Ref: 1094**** - Council Tax Ref: 50*****

 

CC: Peterborough Magistrates' Court

CC: Equita Certificated Bailiffs

CC: Peterborough City Council

 

 

Hi again

 

I would also like to make it noted, Peterborough City Council did not issue me with 14 days notice of there intentions of passing the account to Equita Certificated Bailiffs. This is required by Law since 1998

 

If the council claim to have done this, I require without delay a copy of this notice delivered to me without delay. Otherwise this is unlawful

 

I therefore ask Equita to put on HOLD any further action on the account until Peterborough City Council replies in full.

 

I ask Peterborough Magistrates' Court to investigate this and also locate the original order that Peterborough City Council claims to have, once this is done I would be grateful if you could then cross reference the postal address to which this order (if any) relates too. My suspicion is the only order which the council had was related to 1** Eaglesthorpe, Peterborough, **** and not that of *****Court, Peterborough, ******.

 

I also believe the order relating to 130 Eag***** has expired as the account relating to this address was paid in full with a balance outstanding of £0.00

 

Therefore a new order would be required for that of 52****Court, Peterborough, ****and is to my acknowledge that NO order exists.

 

 

However I do not dispute £107 minus £5.00 (Payment Made on 29-02-08) making the total payable now being £102

 

I would like Peterborough City Council to rethink its recovery procedures and recall the account back from the bailiffs and not allow these sort of non professional behaviours continue and I agree to have an order made with DWP (Department of Work and Pensions) to deduct the maximum allowed by law which is £3 per week From my job seekers allowance. For security reasons as Equita is being sent a copy of this email, I will NOT disclose any sensitive information within this email. I believe the council have my National insurance number on file. Should this not be the case, please let me know, and I will contact your offices and provide this on request without delay.

 

 

I trust the council would rather the outstanding balance be paid quickly as possible without any legal implications, if bailiffs of Equita break the law by using unlawful recovery tactics which I am fully aware Peterborough City Council of which has a legal duty of care even when Equita have been acting on there behalf.

 

I trust this confirms my position regarding this matter, and I look forward to you accepting my payment proposal.

 

Regards

David ********

 

 

 

From: ******Sent: 29 February 2008 23:16

To: '[email protected]'; '[email protected]'

Cc: '[email protected]'

Subject: Bailiff Ref: 10943412 - Council Tax Ref: 502294071

 

CC: Peterborough Magistrates' Court

CC: Equita Certificated Bailiffs

CC: Peterborough City Council

 

Dear all

 

 

 

I hereby advise, I shall pay direct to Peterborough City council the sum of £5 paid every two weeks due to being on Job Seekers Allowance.

 

I AM NOT refusing to pay the amount due for council tax which is £107 but what I am merely saying is this

 

(1) I will pay direct to the Council all sums under the council tax account

(2) I did not receive a Court Order for 52 ******************* (Council have refused to supply)

(3) The Bailiffs Fees are unfair and unjustified and so will NOT Pay any sums of money to Equita Certificated Bailiffs

 

Here are my payment receipt references for the first instalment (Paid via Peterborough Council Website)

 

Account Details Transaction ID Payment for Reference Amount Date

----------------------------------------------------------------------------

135-15699 Council Tax 502***** GBP5.00 29/02/2008

 

 

The council refused to accept my payment over the phone, so I paid via there website.

 

I would like to make it noted; the council CAN’NOT legally refuse payment for which they are chasing

 

I tried to enter a payment arrangement with Equita but they would not stop putting charges on my account unless I paid £40.00 per month, this is not acceptable as it’s NOT within my financial means.

 

 

This is my full defence for not paying Equita and my choosing to pay direct to the Council.

 

I hereby ask for The Peterborough Court to arrange the below asap

 

(1) To send to me a copy of the alleged order that the council claims to have to my below address ( They have refused to supply this)

(2) Arrange a interview where I can attend court to show my financial standing and enter into a legal agreement to pay a realistic repayment which is within my means and taking into account of being in receipt of job seekers allowance

(3) Make an order allowing a repayment plan, and order the account be handled by Peterborough City Council and NOT the Bailiff Company.

 

 

 

You can see, I am not refusing to pay and have actually made payment as above

 

I wait your reply

 

*************

*************

*************

*************

*************

 

 

 

PS. I now live with my mother in Wisbech, which she is the legal owner of this house and I am not responsible for council tax at this address.

 

I would also like to ask the court to make an additional order providing I keep paying £5.00 every two weeks direct to Peterborough City Council an order to stop the Bailiff Company from continuing chasing this debt and or to stop adding further charges to this account which would remedy the account unplayable beyond my financial means if they are allowed to continue adding fees.

 

For just sending me a letter informing me that they are now managing this account on behalf of the council have charged to the account in excess of £43

 

Letter received on 27th Feb 2008 and I contacted them on this date to show my expressions

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Now have recorded telephone conversations with both Equita and Peterborough City Council[EDIT]

 

It would also appear the council staff are in default as well, as i informed them the facts and dispute and they refused to look into the matter.

 

Its not until i spoke to the council Manager and played the recordings that things are starting to happen

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The Council have contacted Equita to obtain proof that the Bailiffe has been at my address. (Im disputing they have been)

 

Equita have provided the below as proof they have been.

 

i have said the below is NOT accectable due to it being very easy to fabricate due to it being only Text would not hold up in court.

 

GPS.JPG

 

Also, it appears the field above (MobileNumber) has been commented out, whereby also shows the information provided as been edited.

This information provided by Equita is nothing more then text and within this I feel it does not legally prove they have been to my mums address in wisbech.

I hereby require confirmation, that the council will NOT accept the information provided by Equita until such time Equita can provide proof which can be verified legally.

Should I not receive a confirmation by the council by Friday 7th March 2008, I shall without notice hire a solicitor and escalate legal proceedings against the council for damages caused for failure to act on information supplied of which is a valid dispute.

I can also confirm, I have instructed The Commission for Local Administration in England (Government Ombudsman) to investigate this for me, which will now be in contact with the council.

Should, I be forced to take legal action to complete my dispute, I will also provide other legal cases similar to mine concerning the management of Equita.

I have also shown to the council, my efforts to clear the balance by reducing such balance by half.

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Can anyone help me, I'm so stressed out, seems like the Council do as they please and are not questionable.

 

Please can someone here help me?

 

I am in need for a Solicitor to take this on for me, but i cant seem to find any local

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Guest Screw The Bailiff

I wouldnt go hiring solicitors. I'd just tell the council the fee is in dispute because the evidence supplied does not prove a bailiff visited you. If the council tells you otherwise then file a complaint with the LGO for trying to defraud you with fees for bogus visits and failure to supply a calibration certificate for the equipment giving the data beincg used to make a claim from you.

 

If the bailiffs still tries to charge you then stick him on a Form 4 for trying to defraud you with fees for bogus visits.

 

The evidence does not construe a bona-fide knock-at-the-door visit at your dwelling.

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Jim Glover from Peterborough City Council has also informed me that, the Bailiff fee also is part of the council tax

 

also Jim advised,

Negligence I, e failing to keep to a payment arrangement. Even know, I am still paying the council tax and not disputing the amount.

I have plans to clear the balance of £59 by 12/03/08

Yet, I have the fear now, that the fees regarding the bailiff is not questionable and should I not pay them the fees, then Jim from the council would apply to have me put in prison

 

this is starting to affect me mentally as all i keep doing is hitting brick walls

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Guest Screw The Bailiff

also that GPS readout 52.67N -0.18E places the bailiff on a boat off the coast near Hunstanston Norfolk. My Google Earth might be on the blink....

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Listen to the Telephone Recordings

 

 

Equita have now said, the person i spoke to was on training and provided me with incorrect information.

 

Today, another call to Equita and asking about the charges,

i even asked to speak to a manager,

 

listen to the recording, you will be shocked

 

 

Now, we have the council refusing to help from the council, even thoe they have a duty of care.

 

This will look bad for the council if they contine with there ways of operations

 

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Guest Screw The Bailiff
Jim Glover from Peterborough City Council has also informed me that, the Bailiff fee also is part of the council tax and if i refuse to pay the bailiff fee, i can be put in prision.

 

You can be committed to prison for non payment of council tax, not for non payment of bailiffs fees. Besides committing someone to prison is very difficilt because a solicitor can contend committal to prison is kidnap and the demand of money to obtain your freedom as ransom. Other EC states opose Britain for doing it and consider it hostage taking, because council tax has no bearing on ability to pay and the government legislates threats of imprisonment and advocates violence against the person for non payment. Its Section 27 of the Domestic Crime Violence and Victims Act 2004.

 

Its very rarely done, and only when a suspect genuinely cannot pay. Try a Magicians Choice, see what comes.

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Can, they legally add the Bailiff Fee to my council tax account ??

 

The council did refuse payment, but i then paid on there website which they could not refuse.

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Guest Screw The Bailiff

I've never come across a bailiffs fee being added to a council tax bill. It cannot be enforced under the regulations as if it were council tax. I would contact the Local Government Ombudsman and make a complaint of misfeasance. The law doesnt make it mandatory you pay bailiffs fees.

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Can anyone confirm, if they have also received similar behaviours from Equita?

 

[EDIT].

 

If so please give details, as I now wish to bring legal action against the council for this misconduct with a duty of care

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Listen to the Telephone Recordings

 

 

Equita have now said, the person i spoke to was on training and provided me with incorrect information.

 

Today, another call to Equita and asking about the charges,

i even asked to speak to a manager,

 

listen to the recording, you will be shocked

 

 

Now, we have the council refusing to help from the council, even thoe they have a duty of care.

 

This will look bad for the council if they contine with there ways of operations

 

 

In the first recording the CS woman states than the OP did not ask her permission to record the call. Is this correct as they don't ask us if it's ok to record the call? In fact there are some out there that do record the calls and don't inform you they are doing this.:-o

Lloyds TSB -Settled in full 30/08/06 :)

Now whoes next :)

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[EDIT]

 

Equita, do not at any time, let you know the calls are recoreded, on there telephone system intro or via the person taking your call.

 

I have now also chosen to send the police the below email

 

[EDIT] I therefore ask the criminal element of this matter be fully investigated under Sections 1 to 5 of the Fraud Act 2006 I have the relevant documentation to satisfy the criteria for the CPS to start a criminal prosecution.

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benwell

 

I do not want to appear to be on the side of the bailiff company, but I do want to make a few important points, in particular that our company works exclusively on advising the public on all matters concerning bailiff action.

 

For reasons that only our government will know, they do not allow a bailiff company to charge a letter fee when collecting council tax. For collection of parking tickets they can charge a letter fee of £11.20.

 

For this reason, a bailiff visit will be a surprise one.

 

Secondly, the bailiff COMPANY will not earn any money from your case if the bailiff collects money from you at a first visit as most of the visit fee of £24.50 will be given as commission to the bailiff.

 

Where the money is made is on broken arrangements which can attract the dreaded "van fee or attending to remove fee".

 

Because of the above, many bailiff companies have sadly already added both a first AND second visit fee to your account BEFORE even being passed to the bailiff and they have instructed the bailiff to say that if anyone queries why the bill is so high at the door, just say that this is the court fee for getting a liability order.

 

This is wrong I know, but I am explaining it as it is.

 

Therefore BEFORE considering a FORM 4 complaint, I would suggest that you write to the company to say that you believe that they have applied fees BEFORE even making a visit and that you will be paying ONLY the amount that is due and asking them for confirmation that they have credited your account with these charges.

 

Explain in your letter that if they refuse, then you will be issuing a formal complaint.

 

CAN EVERYONE PLEASE REMEMBER TO ALWAYS PUT EVERYTHING IN WRITING. !!!

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Hi

 

I have a meeting with a solicitor via Legal Aid to investigate

 

 

Susan Curl

Kenneth Bush Solicitors

Evershed House

23/25 King Street

King's Lynn

Norfolk PE30 1DU

Tel: 01553 692737

 

Anyone with the same problem as me, contact Susan and put a stop to The council abusing our legal rights

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Whats the name of your company? PM if you like.

 

 

benwell

 

I do not want to appear to be on the side of the bailiff company, but I do want to make a few important points, in particular that our company works exclusively on advising the public on all matters concerning bailiff action.

 

For reasons that only our government will know, they do not allow a bailiff company to charge a letter fee when collecting council tax. For collection of parking tickets they can charge a letter fee of £11.20.

 

For this reason, a bailiff visit will be a surprise one.

 

Secondly, the bailiff COMPANY will not earn any money from your case if the bailiff collects money from you at a first visit as most of the visit fee of £24.50 will be given as commission to the bailiff.

 

Where the money is made is on broken arrangements which can attract the dreaded "van fee or attending to remove fee".

 

Because of the above, many bailiff companies have sadly already added both a first AND second visit fee to your account BEFORE even being passed to the bailiff and they have instructed the bailiff to say that if anyone queries why the bill is so high at the door, just say that this is the court fee for getting a liability order.

 

This is wrong I know, but I am explaining it as it is.

 

Therefore BEFORE considering a FORM 4 complaint, I would suggest that you write to the company to say that you believe that they have applied fees BEFORE even making a visit and that you will be paying ONLY the amount that is due and asking them for confirmation that they have credited your account with these charges.

 

Explain in your letter that if they refuse, then you will be issuing a formal complaint.

 

CAN EVERYONE PLEASE REMEMBER TO ALWAYS PUT EVERYTHING IN WRITING. !!!

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  • 4 weeks later...

Hi all

 

I need a little help with the Particulars of claim of a county court claim i wish to issue against the council for mis-conduct

 

regarding council tax

 

my post regarding the issues are here

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/133907-peterborough-city-council-equita-5.html

 

decided to post a new topic has no one was viewing the old topic

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