Peterborough city council - Equita

[Guest Screw The Bailiff]

Benwell, thats a good letter but i would have kept it hardcopy for the benefit of S.7 of the Interpretation Act.

 

but she said they have some kind of right to charge this money? And that if i wanted to dispute it, I would have to take it up with them directly, because as it was the bayliff adding costs, she couldn't remove them. When she phoned me back to say that she had manged to get one lot of charges removed, she asked me whether I was going to bother with the second set....not sure why she'd ask this.

 

Refer this aspect of the matter to the LGO as a complaint of misfeasance. those fees are not prescribed and the council should not be assisting a bailiff to defraud a debtor.

 

Unfortunately i don't have any documents about these charges, but the lady at the council worked out the difference between the actual amount they wanted off me, and the amount the bayliff was asking for, which was £85, £42.50 a letter - cheeky!

 

It looks like Equita making up fees ad-hoc. If you want to report it to police under the Fraud Act then write to them with this template. Its a bit generalised but amend as required.

[The Chunchmeister]

I came accross this site concerned about bank charges, however following this thread I realise why my own Council Tax is so high with so many people not only defaulting on their legal obligations to pay but looking for ways to get out of costs which presumably they expect tax payers to pay in legal aid and for councils to employ debt collectors.

 

Most of the information and advice given by STB and tubby is not only incorrect but not lawful and to blindly follow their (benwell please note correct spelling) advice would be reckless to say the least.

 

You all claim that the actions of the bailiff are unjust and unlawful, the truth is that you are all acting unlawfully yourself but see the bailiffs and councils as an easy target who will no not "talk back", pay your dues in the first place and bailiffs will not need to call, if they do be adult enough to accept the consequences of your own inactions.

[UK26]

Already have Sergeant Jack Askew, on the case

[Guest Screw The Bailiff]

 

Most of the information and advice given by STB and tubby is not only incorrect but not lawful ...

 

whats unlawful?

 

You all claim that the actions of the bailiff are unjust and unlawful, the truth is that you are all acting unlawfully yourself but see the bailiffs and councils as an easy target who will no not "talk back", pay your dues in the first place and bailiffs will not need to call, if they do be adult enough to accept the consequences of your own inactions.

 

a person not paying his council tax or a parking ticket is not an excuse to be defraused by a bailiff. The law is there to protect you as well as the bailiff.

[UK26]

Firstly I disagree

Some people do not fall behind on there council tax on purpose, I my self only owe the council £39.00 and have showed the council a good and consitanct repayment of this.

I was made aware of the account on 27th Feb 2008 a debt being £107 which is now £39.00

But the Bailiff fees are on top of this which is an extra £42.50

 

I’ve got a solicitor also working on this

 

I came accross this site concerned about bank charges, however following this thread I realise why my own Council Tax is so high with so many people not only defaulting on their legal obligations to pay but looking for ways to get out of costs which presumably they expect tax payers to pay in legal aid and for councils to employ debt collectors.

 

Most of the information and advice given by STB and tubby is not only incorrect but not lawful and to blindly follow their (benwell please note correct spelling) advice would be reckless to say the least.

 

You all claim that the actions of the bailiff are unjust and unlawful, the truth is that you are all acting unlawfully yourself but see the bailiffs and councils as an easy target who will no not "talk back", pay your dues in the first place and bailiffs will not need to call, if they do be adult enough to accept the consequences of your own inactions.

[MissConfused]

I came accross this site concerned about bank charges, however following this thread I realise why my own Council Tax is so high with so many people not only defaulting on their legal obligations to pay but looking for ways to get out of costs which presumably they expect tax payers to pay in legal aid and for councils to employ debt collectors..

 

So whoever you are, does it make you feel big to put comments onto something which you clearly do not understand?? You say you have followed this thread, but you can't have done, because otherwise you would know that I personally, DIDNT default on my account, and I am not looking for ways to get out of paying anything. Not that it is anything to do with you, but this goes back years, and it only came to light in the past couple of days. I don't believe once I said I expect other people to pick up the costs did I...please feel free to correct me if I'm wrong, you seem just the sort of person to do just that. I think you will find that I said I will gladly pay the amounts I owe, just not EXTORNIATE costs applied by Bayliffs. I am beginning to think that is what you are.

 

Most of the information and advice given by STB and tubby is not only incorrect but not lawful and to blindly follow their (benwell please note correct spelling) advice would be reckless to say the least..

 

How would you know the information given is incorrect? Why feel the need to pick benwell up for his spelling/grammar? It seems like you have some sort of issue with society? Why don't you go elsewhere and take it out on somebody else, rather than coming into this forum, where people come for advice, and start saying things to cause trouble.

 

 

You all claim that the actions of the bailiff are unjust and unlawful, the truth is that you are all acting unlawfully yourself but see the bailiffs and councils as an easy target who will no not "talk back", pay your dues in the first place and bailiffs will not need to call, if they do be adult enough to accept the consequences of your own inactions.

 

Again, as previously mentioned, the actions of the bayliff are unlawful and are unjustified, and you siding with them, again makes me wonder if you are one of them....so we should just sit back and let the bayliffs/debt collectors....make threats, cause distress/upset etc should we? Some people get into financial difficulty through no fault of there own, and then these companies/bullies do nothing to help, instead making matters worse - do you agree with that? Do you agree with threats to single people? Single mothers? Seems you are nothing short of being a bully yourself.

[UK26]

If, the Bailiff actually made a visit, i would not dispute the charges as they would then be Lawful, but for there claims of visits when they clearly have not been and to apply charges, is illegal and is Fraud.

I have said on all emails and phone calls to the council, the council tax is not in Dispute but what is in dispute is the bailiff fees unless proof can be given to show bailiffs have called.

Now, i have disputed the charges, they can't attend my address and add the charges again, or they would then be admitting there first set of charges where incorrect and could remedy both sets of fees unlawful (correct me if i am wrong)

[The Chunchmeister]

Missconfused, the correct spelling is Bailiff, I have as much right as you to post comments on this site, its easy to deflect blame that way you presumably feel vindicated.

[Guest Screw The Bailiff]

Something tells me you are a Drakes bailiff, dunno why...

[nasrcity]

i dont think you have any right to pick anyone up on there spelling thats what this is not about.and why should bailliffs be allowed to bully anyone they can only bully people who are in this muddle because any one who like maybe you who are perfect dont need the bully boys round or maybe like miss confussed said maybe you are one of them.

[MissConfused]

Not at all. You see, I don't care in the least what you think of me. I think you are a very small person, to have to come on these sites and pick fault, and point the finger at other people. Do you have nothing better to do in your life? I have to say I agree with STB - you are DEF a bayliff - did I spell it correctly that time.....

 

I for one, know that I have done nothing wrong, the only thing I have an issue with are the charges. You however, seem to have an issue with everybody you feel is beneath you.

 

I doubt you are perfect, so stop picking fault and trying to cause arguments. People come here for help, not to be insulted.

[The Chunchmeister]

You are right I should not pick people up for their spelling so I apologise, it just suck out like a sore thumb as I was reading through the comments.

 

I am not a bailiff, but I do pay council tax so you will have to excuse my opinions, which of course I am entitled to make. I also apologise also if my opinions do not conform to your own, however I know that some of the advice given is wrong and I would hate to see you make fools of yourself just by blindly following it.

 

OPSI website contains all UK law so if you want to look it up go there and do not rely on the advice of people who clearly do not know what they are talking about.

[UK26]

Missconfused and any others who have issues with Peterborough City Council

 

As, you are aware, I will be taking legal action against the council for there misconduct.

 

Kenneth Bush Solicitors have been instructed to provide its services to help with the case.

 

I have also contacted the police to investigate the case and should they decide not to take any action.

 

I will start a private prosecution at court against the council

 

The private prosecution may be taken over by the CPS as per the legislation defines.

 

 

The council have been put under strict notice to confirm they will investigate by the close of business Friday 7th March 2008 or the case will be put before the courts.

[MissConfused]

Chunchmeister - Thank you for your apology - it is appreciated. Yes, you like everybody are entitled to their opinions, but you shouldn't go making assumptions, which is what it seemed like.

 

Most people end up in financial difficulty at some point in their lives, and if it happens to you, I'd like to think you get the help you need, rather than people looking down their noses at you.

 

However, I also pay council tax, on the property where i currently live, and I have no idea why this debt from 4 years ago has suddenly appeared, because as far as I was concerned it was clear, but it seems not. Its not like I'm refusing to pay it now I know about it, so please don't go making judgements and assumptions.

 

I will have a look at the website you have mentioned, and please do not say that the people who have helped me so far do not know what they are talking about, because without there help, I would still be sat worrying about everything.

[Guest Screw The Bailiff]

I wouldnt instruct solicitors as theres no straightforward process to reclaim their fees. Its possible but I'd go with the LGO route, they can kickarse if you have solid a case and its within their remit to order the council to pay you compensation or costs for Discovery of Information.

[nasrcity]

good for you benwell.its about time someone stopped this lot at the council along with the bailliffs. they are nothing but a lot of crooks . when you phone them they talk to you as if you owe them the money personally . i say let someone stand up to them .people cant make payments for all sorts of reason s. some dont even know they owe the money until a letter arrives on the door step so i just wish some people would not judges others until they know the reason why remember no one is perfect

[MissConfused]

Yes I agree with Nasrcity - good for you Benwell. These people and companies can't be allowed to conduct themselves the way they currently do. Let me know how you get on.

[UK26]

LGO are aware of this and are contacting the council, However, Ive been informed that they cant force the council to refund the charges.

 

its no longer about refuding the charges (yes i would like them credited back to the account) but its not the end fo the world.

 

The council have caulsed others and I a lot of stress and worry and for this alone, i will see the council are accountable for there actions.

 

The refund of the fees, will be taken as a view of goodwill but the legal aspect of this will continue.

 

The solicitors have confirmed they will act on Legal Aid, the reason for this is, if private prosecuton is taken, then i will need a legal rep to speak in court on my behalf.

 

I may be taking this too far (Correct me if i am wrong) i just feel let down by the councils staff and if there customer service was better and refunded the charges when request instead of told to Get lost

 

I would not be under so much worry of a bailiff turning up with a Van trying to Add £125 to the debt when they have not taken any goods.

 

Also, the solicitor advised, if i pay the council direct for the council tax, and the bailiff contines chasing the debt of there charges, this may be illegal, but said she would have to research to find out if that is the case

 

 

I wouldnt instruct solicitors as theres no straightforward process to reclaim their fees. Its possible but I'd go with the LGO route, they can kickarse if you have solid a case and its within their remit to order the council to pay you compensation or costs for Discovery of Information.

[MissConfused]

I may be taking this too far (Correct me if i am wrong) i just feel let down by the councils staff and if there customer service was better and refunded the charges when request instead of told to Get lost

 

On a whole, I totally agree, however I have to say that with regards to customer service, the lady I spoke to one the phone today - her name was Carol - was fantastic, she couldn't have been anymore helpful. It was almost as if she went out of her way to help me (not as far as the charges were concerned though!)

 

Also, the solicitor advised, if i pay the council direct for the council tax, and the bailiff contines chasing the debt of there charges, this may be illegal, but said she would have to research to find out if that is the case

 

Please let me know what your solicitor says in regards to this, as when I was trying to get charges off earlier today - remember I said they are putting an attachment of earnings on my salary - well the lady said that the charge of £42.50 will be incorporated into what they are taking per week....so it looks like I'm going to end up paying it regardless!

[UK26]

the information provided may be incorrect, Ive been informed the council are not allowed to add the bailiffe fees to the council tax account.

 

I had this confirmed by the council today, again have it Recorded

 

He said, whats these bleeps i keep hearing, I said, the calls are being recorded as stated in my emails.

 

 

 

Please let me know what your solicitor says in regards to this, as when I was trying to get charges off earlier today - remember I said they are putting an attachment of earnings on my salary - well the lady said that the charge of £42.50 will be incorporated into what they are taking per week....so it looks like I'm going to end up paying it regardless!

[Guest Screw The Bailiff]

If you think a bailiff might turn up and try charging a van fee then prepare a letter on this template, if you rather post it and you already have a 1st letter from a bailiff then use this one instead. The law doesnt provide for bailiffs to charge a van fee anyway.

 

I wouldnt look at a private prosecution in a criminal court.

 

If you are forced into paying an unlawful bailiffs Form 4 him.

 

You can make as much of it as the council and its bailiffs want to.

[UK26]

The main reason, i would like to do this is to make the council accountabe for there actions.

 

Did you get my PM, with the link to my County Court Claim i am about to submit?

 

Here is a link to the fees the council think they can charge

http://www.benwell.clara.co.uk/fees.pdf

 

If you think a bailiff might turn up and try charging a van fee then prepare a letter on this template, if you rather post it and you already have a 1st letter from a bailiff then use this one instead. The law doesnt provide for bailiffs to charge a van fee anyway.

 

I wouldnt look at a private prosecution in a criminal court.

 

If you are forced into paying an unlawful bailiffs Form 4 him.

 

You can make as much of it as the council and its bailiffs want to.

[Guest Screw The Bailiff]

I dont give advice in PM, its for all to see and share. What I do is for the communal good of all.

[UK26]

Fair Comment

 

I dont give advice in PM, its for all to see and share. What I do is for the communal good of all.

[ukaviator]

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum, people can see it to correct it. Please also be aware of giving your personal details to strangers.