Help with Equita

[Don_puppyd7]

I got a rather disturbing letter from these people today.

 

" We refer to your Council Tax debt owed to Birmingham City Council.

 

You have failed to clear the outstanding sum for the above debt, therefore we have no other option but to instruct our enforcement bailiff and porters to clear your house of your possessions to settle this debt, You goods will then be sold at PUBLIC AUCTION.

 

Please contact my removals co-ordinator on the number below to arrange a convenient time when someone over the age of 18 will be present to acknowledge the inventory listing the items to be removed.

 

Should the amount realised from the sale of all your goods be insufficient to cover the sum outstanding, including bailiff and auctioneer's costs, we shall then recommend that proceedings are commenced for you committals to prison. Alternatively we may, in some exceptional cases be able to enter into a short-term payment plan.

 

Our bailiffs will be calling within the next few days."

 

I got this letter the day after i got the Council Tax bill for next year, with a note in book to contact Birmingham City Council over the arrears for this year. i panicked first and phoned Equita and made an arrangement to pay 150 pounds at the end of the month (arrear's are £309 raising to £342 for just this first letter). I also made them aware i going to research this a little if they think they going to add silly charges and which point the guy i was talking to turned rather nasty on me demanding how i was going to do that, i gave reply of your company name in google go try it which is how i found this site.

 

After i calmed down a little i decided to call Birmingham Council on why it has gone to Equita, given i have been paying them on a regular basis, sometimes more sometimes less given the wage going into the house each month but usually over £100 a month and we missed a month due to a work bonus being paid late in February, the young lady i spoke to mentioned something about the account being recalled back after going to a bailiffs back in September, for what reason that is down to i not sure given up to that point we never missed a single payment as i can remember. i then asked if they could take it back and i would be willing to pay £200 off the arrears and then pay £30 a month to take it back, which i was given a flat No and try talking to Bailiffs speech.

 

I hope i not been to confusing in this post but its my first so if i made any error please advise.

 

Any help and advice of this i will be extremely grateful.

[FairPlay77]

I got a rather disturbing letter from these people today.

 

" We refer to your Council Tax debt owed to Birmingham City Council.

 

You have failed to clear the outstanding sum for the above debt, therefore we have no other option but to instruct our enforcement bailiff and porters to clear your house of your possessions to settle this debt, You goods will then be sold at PUBLIC AUCTION.

 

Please contact my removals co-ordinator on the number below to arrange a convenient time when someone over the age of 18 will be present to acknowledge the inventory listing the items to be removed.

 

Should the amount realised from the sale of all your goods be insufficient to cover the sum outstanding, including bailiff and auctioneer's costs, we shall then recommend that proceedings are commenced for you committals to prison. Alternatively we may, in some exceptional cases be able to enter into a short-term payment plan.

 

Our bailiffs will be calling within the next few days."

 

I got this letter the day after i got the Council Tax bill for next year, with a note in book to contact Birmingham City Council over the arrears for this year. i panicked first and phoned Equita and made an arrangement to pay 150 pounds at the end of the month (arrear's are £309 raising to £342 for just this first letter). I also made them aware i going to research this a little if they think they going to add silly charges and which point the guy i was talking to turned rather nasty on me demanding how i was going to do that, i gave reply of your company name in google go try it which is how i found this site.

 

After i calmed down a little i decided to call Birmingham Council on why it has gone to Equita, given i have been paying them on a regular basis, sometimes more sometimes less given the wage going into the house each month but usually over £100 a month and we missed a month due to a work bonus being paid late in February, the young lady i spoke to mentioned something about the account being recalled back after going to a bailiffs back in September, for what reason that is down to i not sure given up to that point we never missed a single payment as i can remember. i then asked if they could take it back and i would be willing to pay £200 off the arrears and then pay £30 a month to take it back, which i was given a flat No and try talking to Bailiffs speech.

 

I hope i not been to confusing in this post but its my first so if i made any error please advise.

 

Any help and advice of this i will be extremely grateful.

 

I presume that you have not allowed Equita into your home and you have not signed a Walking Possession Order. If you have not done so, they are clearly threatening you with an illegal break-in. They simply cannot legally instruct their people to enter your home and take your possessions without first having been allowed into your property on a previous occasion or gaining peaceful entry through an open door or window. If they have not gained prior entry, they are simply trying to frighten you with an unlawful action they will not dare to take and you should not allow yourself to be intimidated. If you have not previously let them in and continue to refuse them entry, there is nothing they can do about it.

 

I would insist that the council take back the debt and if they refuse you should complain to your local councillor. In any event, send all payments direct to the council, whatever they say, and ignore the bailiffs.

(However never pay the council by direct debit as that gives them the power to change the amount paid without your permission) Standing orders and cheques are fine, and even cash if they accept cash payments, but always get a receipt.

 

Don't bother ringing the bailiffs. Ignore them, treat them as non-persons. Pay your debt in instalments you can afford but send ALL money without exception to the council.

[tomtubby]

The council...and in particular this one will NOT take back your account unless the case is returned back to them as Nulla Bono.

 

You MUST refuse to allow them into the property and you MUST NOT deal with this by way of telephone. You need to make a payment proposal of an amount that wil clear the account very quickly but also will ensure that you do not pay more than you know you can afford.

 

Inform them also that you will not allow a bailiff peaceful entry into your home as to do so will incur you in further charges that you will be unable to afford.

 

Also request a breakdown of the fees and charges made to your account.

[Don_puppyd7]

Thank you very much for the replies, as advised i have written to Council and made a payment direct via the internet, and will now only respond to bailiffs in writing only.

 

Many thanks

[FairPlay77]

The council...and in particular this one will NOT ake back you account unless the case is returned back to them as Nulla Bono.

 

You have the advantage over me in knowing about this particular council, but surely there is nothing to stop the debtor paying the council anyway - whatever their declared policy - and presenting them with a fait accompli. My council has consistently refused to take back my case but I have refused under any circumstances to deal with the bailiffs and have gone on merrily making regular payments to the council, which they have accepted. I simply haven't given them the option of refusing and have told them in no uncertain terms that they can like it or lump it. Moreover, I think I'm right in saying that councils have no legal right to refuse payment and can be reported to the Local Government Ombudsman if they try to do so.

 

Better brains than mine may be able to give a definitive legal view on this one.

[Don_puppyd7]

I hope i make some sense here, i just paid £200 on council tax direct to them via there site, i plan on paying more next week, my question is i going to end up clearing this debt within the next 8 weeks, but i just wondering what to expect from bailiffs when they find out i paid debt in full to the council not them, will the council call them off or i do i expect some games from the bailiff.

 

Many thanks as always

[FairPlay77]

I hope i make some sense here, i just paid £200 on council tax direct to them via there site, i plan on paying more next week, my question is i going to end up clearing this debt within the next 8 weeks, but i just wondering what to expect from bailiffs when they find out i paid debt in full to the council not them, will the council call them off or i do i expect some games from the bailiff.

 

Many thanks as always

 

As long as you have not let the bailiffs into your home or left a door or window open through which they can gain "peaceful entry", they have no right of entry (If you have let them in previously I'm afraid they do have such a right). And, yes, you can expect some "games" from the bailiffs. They will continue to write to you and lie about their powers and they may visit your property. But, again, to reiterate my previous point, as long as they have not succeeded in gaining entry in the past, they have no right either to enter your home or take any property therein. They can, however, take your car (if you have one) if they know its registration number and can find it.

[FairPlay77]

As long as you have not let the bailiffs into your home or left a door or window open through which they can gain "peaceful entry", they have no right of entry (If you have let them in previously I'm afraid they do have such a right). And, yes, you can expect some "games" from the bailiffs. They will continue to write to you and lie about their powers and they may visit your property. But, again, to reiterate my previous point, as long as they have not succeeded in gaining entry in the past, they have no right either to enter your home or take any property therein. They can, however, take your car (if you have one) if they know its registration number and can find it.

 

One other point: when you have paid off the debt, make sure that the council are aware that you have done so and tell them to call off the bailiffs.

[Don_puppyd7]

I have now paid them in full and made the account 1p in credit, phoned council to let them know i have paid up, to be told give it a few days for payment to show up given Easter but would put a note on the account, i not to worried about that as i got receipts. As i not had a bailiff turn up as yet, i assume that i owe them nothing in costs given that they cannot charge for letter fees, am i right or just plain wrong on this.

 

Many thxs as always

[Don_puppyd7]

Sorry to be a pain, i paid off the arrears and contacted the Council, i was then informed that the payments are not showing on the system, so as far as they concerned the debt is still owed, my partner got a call out of the blue from Equita, she told them the debt was paid off in full to Council at which point she got loads of abuse threatening illegal action, when i found out about this i in a fit of rage called Equita and informed them the debt is now cleared as i have receipts for the balance of the the sum owed, then to be told a bailiff will be attending in the morning, my problem now is i having my central heating replaced at the moment so trying to stop them getting access might be hard.

 

Whats my best course of action now as i paid the debt in full and have proof of that, and if they do turn up it will be only there first visit, do i just show them receipts if they manage to get access, as the council saying because of the bank holiday my payments might not show on there account till Monday. i have emailed Equita and the Council copies of the receipts so is there anything more i can do?

 

Many thxs as always

[Guest Old_andrew2018]

This is a link to members of the council, some are better that others Elected Members of Birmingham City Council

 

I suggest contacting a councillor seeking their advice and support

 

Regards

 

Andy

[Don_puppyd7]

Just an update on whats happened. I took my online receipts direct to the Council Tax Office, Spoke to a very friendly lady on the desk and explained my position, within 5 mins had a number to call direct to someone who deals with Council Tax issues in my area, had a short chat again explaining my position and that i paid and have proof, she checked the account and checked the ID transaction for an online payments, was to my great delight told consider bailiffs called off and they will recall it after i finished talking to them.

 

I would like to thank everyone that helped me on this, i know Equita will go nuts for fees, but i can handle that from reading up on this wonderful site and will just have to restrain myself from making an insulting call to "Paul" (considering way he talked my partner).

[tomtubby]

Delighted that this is now sorted out.....