Massive Equita Charge - Help Please

[TryingToGetEven]

I stupidly didn't pay the Congestion Charge back in March.

 

A week and a bit ago I received a letter from Equita saying that they required £198.16 by return of post and that 'Failure to discharge this debt will result in our baliff calling without further notice to enforce the warrant'. Very stupidly I put it to one side and then forgot about it.

 

Today, while I was at work, the baliff called at my house and, as she was there, met with my mother. As she's honest and law-abiding she paid the amount he asked for £486.04!!!

 

Called Equita's helpline who said nothing apart from the fact that I had to write to their Complaints Dept about this - apparantly the complaints people don't do phone calls.

 

So, do I have anyway of getting any of the charges back? And, if I do, how do I go about it?

 

All help very gratefully received...

[TryingToGetEven]

Have just dug about on this forum about all of this and it looks as if the charge is ridiculous and that to start the process I need to SAR them using the letter here:

 

Bailiffs: Subject Access Request - Consumer Wiki

 

If anyone can confirm this and / or profer any advice I'd be very, very grateful.

[TryingToGetEven]

Help! Has anyone got any pointers please? Even if it's just a link to another thread I'd be grateful.

[WWOW]

You can get your money back if you pay with a credit card, these have an insurance if the merchant commits a breach of contract and defrauds you with his fees.

 

Send the bailiff a Subject Access Request enclosing a cheque for £10. Scan a copy of the cheque showing the cheque number, payee name and amount. Tweak as necessary

 

Name of firm of bailiffs

FAO the Data Controller

Address 1

Address 2

Address 3

Address 4

 

[DATE]

 

Dear Sir/Madam

 

Re: [YOUR NAME + ANY REF]: Data Access Request & opportunity to mitigate incorrect fees

 

I write pursuant to Section 7 of the Data Protection Act 1998 and enclose payment of £10 the maximum prescribed under the Act and request you send me the following seven points relating to ALL accounts you have for me and anyone at my address.

 

a) The name and address of the court that certificated the bailiff who acts in this matter

 

b) The certificate number of the aforementioned bailiff

 

d) All letters documents emails comments faxes personal opinions memos and other related information which would qualify as information defined under the Act.

 

c) Written confirmation your bailiffs fees of £[AMOUNT] charged and they truthfully comply with the law.

 

d) The name and address of the person or body who instructed you and the date of instruction.

 

e) An itemised breakdown of all the fees charges orders costs and other monies that make up the total obtained by your bailiff being £[AMOUNT]

 

f) A detail showing how much and on what dates I paid you and how much you have paid on to the creditor.

 

I appreciate the Act allows you 40 days to fulfill this request but I look forward to receiving the above at your earliest convenience.

 

I now give you an opportunity to check whether your bailiff has overcharged me with his fees. If his fees are truthfully compliant with the law, please confirm in writing or refund me within seven days with an explanation why I was overcharged. If I find an irregularity with his fees after seven days I will automatically file an official Form 4 complaint at the bailiff’s certificating court for committing offences under Sections 1 to 5 of the Fraud Act 2006. This may also involve a criminal investigation by police and your firm’s director(s) may be liable for benefiting from a fraudulent money transfer or proceeds of crime.

 

This document is delivered by Royal Mail and I deem it good service on you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is now your responsibility and in your own interests this letter is handed to the relevant person within your organisation. I regret I am unable to discuss this matter by telephone or in person.

 

Yours Sincerely

 

 

YOUR NAME

 

For future reference, incase the bailiffs fail to comply with any of the six points in the request then you can reclaim the total amount paid to the bailiffs in the small claims track. Sign up of money claim online here: https://www.moneyclaim.gov.uk/csmco/login_pass_yes01.jsp

 

And in the particulars of claim, enter:

 

On [DATE] I was charged by the defendant, a firm of bailiffs the sum of £[AMOUNT] as fees, charges and unknown items and threatened me with penalties if I failed to pay according to a deadline. Their fees and charges are inconsistent with Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992. I sent the defendant a Subject Access Request under Section 7 of the Data Protection Act 1998 enclosing a £10 cheque numbered [NUMBER] which was cashed on [DATE]. The defendant failed to comply within the prescribed time limit and I have tried to seek a reasonable resolve with the defendant who refuses to cooperate. I ask the defendant do pay me the sum of £[AMOUNT] plus statutory interest from [DATE] under Section 69 of the County Courts Act 1984 plus costs allowed by the court.