Equita Bailiff - Unlawful Charges

[UK26]

Hi,

 

I am currently reviewing a case with Equita of which I am trying to get some information from people who have had issues with Equita whereby they apply £42.50 worth of charges without making any Visits.

 

This will be used to show my solicitor how many other cases there are out there who have falling to [edited] fees.

 

When answering the poll question, please give a short intro into what has happend to you.

 

I beleive Equita should be investigated into there conduct and answer to there [edited]

Behaviours.

[Don_puppyd7]

I only posted about the same issue last night, i been hit for that magic 42.50 fee, and they even went to the trouble of backdating a removal notice that was sent via post, oddly enough dated on the date the debt was recalled back to the council, yet i never had a bailiff turn up on my door and since work was being done on my house at the time they could of gained easy access. They even threatened me with a bailiff visit over the phone after i made them aware i paid the whole fee direct to the council.

 

I strongly believe Equita needs to be investigated there must be a lot people that been [edited] on these fees, and i looking at taking direct legal action against them myself.

[UK26]

After i have presented my case to Peterborough Council, There has been a Independant Investigator attached to the case.

 

He said he will need a meeting to talk more in detail about the case etc

 

once all the evidance is recived, i will be passing this out for legal action so the more people who stand up to them the better.

 

I did notice your topic today

 

Here is a voice recording from Equita refusing to allow me to question there fees. he is very rude

 

[seanamarts]

 

Here is a voice recording from Equita refusing to allow me to question there fees. he is very rude

 

 

just listened to the tape, Crappy music they play.. I would of dropped off to sleep, they really like keeping you on hold dont they.

what a d***, he couldnt answer you could he, because he knew they were in the wrong.

[tomtubby]

Sadly, it is known within the industry that many companies apply a first and sometime even a second visit charge to the account on receipt of the Lability Order from the council. The same applies when a bailiff receives a warrant of execution for non payment of a parking ticket.

 

The only way that this can be proved in when the bailiff company is forced to disclose a copy of their screen shot of you account when legal proceedings are instigated.

 

In each case where the screen shot has been provided it proved the fees had been applied as you have described.

 

If the company have nothing to hide, ask them to provide a copy of their screen shot.

 

If you need further advise please pm me.

[UK26]

anyone else fallen to [edited] fees by equita?

[Recycler]

I have a County Ct Judgement V Equita (attached) for Congestion Charge, if its anyuse to you

Clerkenwell County Court Judgement 05 01 06.doc

[seanamarts]

Does this mean that they are going to sue every one that has made a bad comment towards them then,

[UK26]

Like to see them try, i doubt they will, as there

Behaviours would then be exposed to the courts.

 

 

Without Predjudice

I don't think Equita are happy due to my level of complaint to there client Peterborough City Council and they are picking on me as i made a mistake of having a username to that of my surename, which lead them to picking me out easy.

 

Oh well, I have not broken the law. Well i dont think i have in any of my posts

[UK26]

what can i say

 

 

Defendant = Equita Limited

Claiment = Victim of defendant

 

District Judge Armon-Jones sitting at 33 Duncan Terrace Islington London N1 8AN heard the Claimant in person, and Counsel for the Defendant and having taken evidence and submissions reserved judgment to be handed down on Thursday 5th January 2005

 

13) Accordingly I find that the defendant did not, in this instance, automatically generate this correspondence, nor did the claimant receive visits from the levy bailiff. These findings will be considered when I commence assessment of the defendant's fees.

14) It is accepted by the claimant that no purpose is served in me referring the matter of certification to a circuit judge nor hearing an application for an injunction.

Upon hearing argument it is accepted that there are no fees to be assessed. Permission to the claimant to apply as to repayment of any fee paid.

 

 

 

 

I have a County Ct Judgement V Equita (attached) for Congestion Charge, if its anyuse to you

[Conquer]

Your proposal for paying our clients’ suitable damages.

Very interesting comment, I assume they would have to prove there financial lose which was a direct result of your comments on the website, oh and also other requirements have to be met before they stood a chance of winning?.

[Having_A_Knightmare]

You got to ask why a baliff company is snooping around on a Consumer forum.

 

Also if they have nothing to hide why dont they give you the information you require??

 

HAK

[UK26]

Only Equita can asnwer that question

 

I have a good idea

 

BT are there internet access providers and they have a block of 15 IP addresses assined to there internet connection. [edited]

 

Regards

 

Dave

[gannett]

Hi all

read with interest the previous comments about Equita over charging, I have the usual problems with them when I contacted Mendip council I was to complain about them claiming they had visited my home when they hadn't, I was told by the very rude and aggresive female emplyee that it was nothing to do with them and that she could access Equita's database to see how much had been paid, I was also told prevously that Equita had deducted their fees from the first payment i.e. I paid equita £150 and they paid Mendip £120.

If they have a record of this it should be possible to get a print out from your council of everything that Equita had paid to them this would prove that they are lying

[UK26]

at least, i'm not the only one falling to this.

 

Please keep reporting your cases,

 

I am thinking of drawing up a draft statement, whereby, everyone who has had the same problem, could sign the letter and once enough people have signed, start legal action.

 

not sure on the legal issues doing this?

 

Regards

 

Dave

[UK26]

Need some advise guys please.

 

If i wish to prosecute, which reg woud it fall under, Criminal Justice Act 1967??

 

Regards

 

Dave

[tomtubby]

As I have said before, I would advise that you request a copy of the screenprint from Equita.

 

They may refuse citing the legal case of Durant v The Financial Services Authority (2003) but you can tell them that the Information Commissioners Office have said that you are legally entitled to receive a copy of the screenshot/screen-print as anything in electronic form is classed as a relevant filing system and that the company must make very effort to locate and provide this information to on request.

Also, if the screenprint is identical to the breakdown of the fees and charges provided to you....where is the problem in them providing it ???

[UK26]

Hiya Tomtubby, I have sent you a PM with a link to look at.

 

I requested the screenprint from the council, who have agreed to get this for me, at first they wanted me to do it, under the freedom of information act, and i advised about my complaint and that i wanted them to do it as it cost me Money to request that myself.

 

Regards

dave

[Don_puppyd7]

Had a letter from our good friends today, threatening to send a bailiff out to visit me for £42.50, they are claiming that they have made numerous visits and letters (6 letters in total and I am still to see a bailiff). Reading it I noticed an interesting point, I think (and hope), its saying outstanding amount is due to Birmingham city council, yet I paid council direct in full (the council have confirmed it is settled), I assume that this is them trying to chase their fees. I was wondering whether or not to show this letter to the council as they are trying to collect their fees under the name of Birmingham City Council. I hope I am making some sense, I tried scanning in the letter but it does not seem to want to work for me.

 

I am under the impression that once the debt is settled then the liability has ended, therefore am I right in thinking that they cannot send a bailiff round to my property to collect their fees. I have not signed any WPO. They even went to the trouble this time of naming the bailiff they will be sending.

 

Many thxs

Don

[UK26]

Yes your right, the only action they can take to make you pay the fees are to make a claim in the county court. (Small Claims)

 

said that, they would also be required to show proof that they had made visits.

 

I'm about to take legal action againts said company just waiting now for the the investigation to be completed by the council.

 

This is what the council have sent me about my case

 

SECTION 1

 

1.1 Context

 

§ Due to personal circumstances, Mr Benwell had difficulty in paying Council Tax in respect of his previous address at *******************. Peterborough City Council had passed the arrears to Equita Bailiffs to recover the outstanding amount. The arrears have now been settled, and Peterborough City Council has agreed to cancel outstanding bailiff fees as a gesture of goodwill. Nonetheless Mr Benwell feels the actions taken by Peterborough City Council and Equita in the course of recovering outstanding Council Tax were unreasonable, and in the case of Equita false claims were made in respect of visits made to his address.

1.2 The Complaint

 

§ Mr Benwell complains that Equita have failed to provide sufficient evidence that claimed visits by their bailiffs to his address at *************, Wisbech, were made as claimed on 8th and 22nd February 2008.

§ Mr Benwell complains that he has been placed under undue pressure as a result of the actions by Peterborough City Council and Equita, as its agent, to recover outstanding Council Tax. As such he believes Peterborough City Council should compensate him financially.

1.3 The Desired Outcome

 

§ Mr Benwell would like an independent investigation into his complaints, and should evidence of fraudulent activity by Equita be forthcoming, that company should be prosecuted.

 

 

 

produced by Simon Lovell, Corporate Investigation Officer - Peterborough City Council

[Don_puppyd7]

Time to make a formal complaint to the council, I will pay a personal visit in the morning. Something tells me, they will not be too impressed at being used like this after a debt has been settled.

 

I will be very interested on how your case goes and will keep you informed on the action I will take.

 

Don

[UK26]

Will keep you all posted - Letter received today

 

Dear Mr Benwell

RE: Stage 3 Investigation

Thank you for returning the report for your stage three complaint. We will now begin our investigation and will send the completed report to you by the 14th May 2008.

Yours sincerely

Raheela Nasreen

Customer Services Officer

cc: Mr Simon Lovell, Corporate Investigation Officer, Chief Executive's Department

[Don_puppyd7]

Just been on phone to council tax dept, asking for a written proof that debt is settled, I was then told Head Office had dealt with a complaint i made 2 weeks ago and that i will no longer be hearing from Equita. I will send a copy of the letter I received today to their head office and see if they take interest in it.

 

Don

[gannett]

it's not just the £42.50 for ficticious visits they try and claim, if you pay by debit or credit card they apply a surcharge as well. I believe that I read somewhere on this forum that they are not meant to do that.

I complained to my council about these alledged visits and they sent me details of when Equita alleged they called which is how I found out they were claiming a surcharge, they also said it is nothing to do with them and to complain to equita direct also gave me a contact name. Very nice of them to pass the buck,

[tomtubby]

Seeing that your complaint as reached this level, I would suggest writing to Equita to request a copy of the screenprint of your account. If there is nothing to hide I cannot see any reason at all for Equita to withold providing this to you.

 

If you need help with the wording for this request, please let me know.