Equita Bailiff - Unlawful Charges

[Don_puppyd7]

My partner emailed Council head of revenues with a copy of receipts, and a gave a statement on how abusive they was, and their threats of illegal action i.e locksmith and bailiff visits that never took place( i never knew she did it), we also kept every letter they sent to us all 6 of them, a removal notice dated 28th of march yet debt paid on the 26th March. If i can get this last letter to scan on here i would love tomtubby to look at it as i think this a clear abuse of position after a debt settled.

[UK26]

Hi Don_puppyd7

 

What stage are you at with the council? not sure if your council have the same structure as Peterborough

 

But its done at Stages

 

Stage 1 - Head of Council Tax department

Stage 2 - Head of Revenues

Stage 3 - Independent investigation (independent as to no relation to any other department within the council

Stage 4 - Local Government Ombudsman

 

i'm currently at stage 3 and LGO are already aware of my case

 

What would be interesting is upon wining my case and after successful prosecution (should this happen) could the case be used to further prosecute other peoples cases.

 

Example, another person takes legal action and judge made aware of another case could he then use that to pass a more serious penalty on the defendant.

 

something really needs to be done, to make it safer for the public and protect us from companies that do this sort of stuff.

[UK26]

I’ve request this info, What template do you use to request this then ??

 

From a technical respective, I would think there computer systems would be powered by a database and being it a company owned by Capita would also suggest they use Oracle for there database.

 

Given the fact, I’ve worked in the public sector on Capita’s applications and oracle databases; it would not be hard to issue a sql update command to change the dates that fees are applied to the account.

 

Whereby changing the details displayed on the screenshots

 

The only way this can be proved is if the DBA who is in charge of the databases as auditing enabled, guessing the size of the company it would be a legal requirement anyway.

 

But from a technical point this can easily be done, but I’m not suggesting this is actually the case just a thought.

 

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.

[Conquer]

Hi

 

Would anyone happen to know where i can find any case law where cases have been heared where bailiffs have acted illegal, Adding fees where they are not ment to etc?

 

i know about the one attached to this topic, but wanted to know if there are anymore.

[tomtubby]

There are lots but many are not reported on sites such as this for a variety of reasons.

 

Do you have details of the charges made to you and I will advise what route you should take as many times a bailiff company will credit fees back to your account without resorting to legal action.

[Conquer]

going from what ive seen on here, someone needs to take legal action simply getting fees refunded wont fix the problem as they will just do it to the next person.

 

do you know, where i can find the judgement info on other cases?

[Don_puppyd7]

Received a letter from my Local Councillor yesterday, and turns out that they complained to Head of Revenues on my behalf, I had emailed then with all letters i received and receipts to prove i paid in full and Councillor asked for fees to be waived (and they have).

 

If i can get my scanner to behave and work i will post copy of letter on here.

 

Don

[UK26]

hi that would be good.

[Don_puppyd7]

04-25-2008 09;41;12PM.pdf Shows some Councillors will help you.

[UK26]

Can you post a bigger image, cant read it

[Neo1]

Only yesterday I posted a thread entitled 'excessive charges made by bailiffs'. this is it:

 

It all started last July when I received a parking ticket for being parked in a residence bay without displaying any form of permit/ ticket. I appealed against the ticket as I honestly did not see any visible signs stating these parking restrictions and to top it all when I actually searched for the signs they were about 150 yards away and partially obscured by hedge over growth. My appealed failed and as I failed to lodge my representation within the statutory time limits I now owed London borough of Barnet £120. I failed to pay this and as a result it increased to £150.

In February this year I received a letter from Equita Certificated Bailiffs requesting payment of £223.39. I called them and agreed to pay £100 now and the balance by 14th March 2008. I travel quite a bit and totally forgot. On 18 April I received another Equita letter dated 16 April (Removal Notice) asking for the balance. I called on the 21st to pay the balance but was told that the cost was now £475.89. I wanted to know why the additional £352.50 as the balance was £123.39 as stated in the letter which I received. The person on the other end of the line was not interested in what was in the letter all he knew was that I had to pay £475.89. How do you reason with people that are unreasonable? At that point I dropped the phone.

I have since received 3 letters- Warrant of Execution (dated 21 April), Removal Notice letter (dated 23 April) and Bailiff Removal letter (hand delivered, dated 28 April). I have been advised by friends not to park my car outside my home. My wife who is 8 months pregnant is at home all day with our 14 month old son and is petrified and very worried with all these bailiffs’ threatening letters and visits.

I was prepared to pay the balance owed but it seems that they smelt blood and wanted more. Any advice on course of action to take would be most welcome.

[tomtubby]

Can you let me know the date on the Warrant of Execution. You have stated that it is dated 21st APRIL. This cant be possible !!!. Can you let me know. The date should be on the bottom right hand side.

 

Can you also send me a PM with the name of the bailiff on the Removal Notice.

 

Do NOT park your car outside. IT WILL BE CLAMPED AND REMOVED. Of that I am certain. Our office sees this every day.

[Laydee Danielle]

I had a situation where they had charged over £200 in fees for doing nothing! Needless to say I wrote a complaint and the money was returned back

[dbspider]

is there any update to this post i would be greatfull if there is as i am about to go through it all myself

[UK26]

Hi,

 

Due to not being eligible for legal aid to continue with proceedings, its with regret I’ve had to discontinue the case.

However, they had no evidence to prove they had made the visits.

My case was also hard due to the councils decision to refund equitas fees, due to my case being based upon fees added to the account. I suspect the council knew this and as a result legal aid would not cover the solicitor to take the required action.

Nothing ever came from Solicitors acting on behalf of Equita in relation to disclosing details on this forum, as said the same from the councils solicitors

So the case was concluded and no further action to be taken

[Dangermouse]

At 7.00 a.m this morning I noticed a hand delivered letter from a bailiff firm collecting TFL penalty charge.

 

It stated amount due £441.98p

 

There was no other information. I called the bailiff's office and was told that the amount to be collected was in fact £262.78

 

 

This is made up as follows:

 

180.00 TFL - Congestion charge

5.00 Warrant Fee

13.16 (11.20 +VAT) First Letter (warrant date 12th August)

64.63 (55.00 +VAT) First visit this morning (4th September)

 

£262.78

 

I then rang the mobile number of the bailiff & stated that I would pay £262.78.

 

The bailiff told me that £441.98. was due because my car was on my drive & that in those circumstances his company had instructed him to charge for van hire (actually a small car) at £50, plus other things such as a bailiff porter etc.

 

He stated that he was saving me money since he could have clamped the car & charged me waiting time & a tow truck etc.

 

He said that he would return and put an envelope through the door with the breakdown of the charges. He then put two letters through the door at 11:45 (but with 6:42 a.m. written on them). One giving the total due of £262.78. The second headed 'Expenses for attendance for the remainder.

 

I saw him still outside the house and went out to speak with him, insisted that that they were only entitled to £262.78 on the first attendance. He was quite assertive and insisted that his firm has instructed him that he was to charge an additional amount.

 

I gave him a cheque for £441.98 to get rid of him, he told me that if I wasn't happy I could rip up the cheque and that he would return to clamp my car.

 

I wrote on the receipt that t was being paid under protest.

 

Is there anyone there who can tell me if these extra charges are valid?

 

If he had knocked on my door at 6:42 I would have paid him the the £262.

 

Help!

 

Dangermouse

[zoew]

Sorry if this is a re-post but I want to get my facts right before I approach Equita again. I owe them £53 from a parking ticket - the full amount owed to Equita at the begining was about £140. Now they are saying I must pay them about £350 or they will clamp my car. I really can't afford the £53 let alone the full amount... Just not sure what to do next?