Equita Bailiffs...help needed please

[ambershadow]

Re: your details

On DATE I was visited by your bailiff collecting unpaid council tax who overcharged me with his fees. We were unable to reach an amicable resolve and the bailiff showed threatening behaviour and became vexatious in nature. I also received a letter stating I should pay WHAT THEY ASKED YOU per month to clear the debt which is unrealistic with my present financial state.

 

I now ask the council to:

 

a) Take the case back from the bailiff.

b) Accept my original offer to pay £10.00 extra of what I pay already a week to clear the arrears

c) Pay me a reasonable compensation for my inconvenience and for my efforts in seeking discovery of information and

d) Receiving an over-zealous bailiff acting for you making unrealistic demands of money.

 

If you fail to satisfactorily complete the above I will automatically escalate the complaint to the Local Government Ombudsman in=2 0fourteen days from the date of this letter.

 

Due to my circumstances I am unable to pay the debt as demanded by the bailiffs and I will make payment of £10.00 each week for 249 weekly installments with a final installment of £9.80 This may seem a long time but it's all I can afford and allows me to pay future liabilities without falling into arrears. I confirm I am not refusing to pay this debt.

 

This letter is delivered by Royal Mail and I deem it to be served on you by the ordinary course of Recorded post in the meaning of Section 7 of the Interpretation Act 1978. It is your responsibility and in your own interests this letter is handed to the relevant person within your organisation.

[Emma Royd]

Thanks ambershadow.

 

Not actually had a visit from them yet but will tweak the letter to suit my circumstances. Will make sure I send it off tomorrow

 

Emma Royd

xx

 

PS...fancy seeing you here fuzzybobble

[fuzzybobble]

I get around a lot.

 

Stops me from making too many daft videos.

[Emma Royd]

UPDATE

 

just received a formal notice from Equita saying that they have arranged for a bailiff to come to my home on monday or tuesday with a removal contractor "when he will remove your possessions to the local auction house".

 

This letter is dated 12/01/09 and today is the 17th. Now I sent them a bog off letter by recorded delivery on the 13th and also sent the head of council tax recoveries a letter with a token payment and a proposed payment plan on the same day. Have these letters crossed each other in the post? or have Equita been tampering with dates and ignored the bog off letter?

 

What do I do now chaps? At least I know when they are coming and can make sure my car is well out of the way. Should I be worrying?

 

thanks in advance

 

Emma Royd

xx

Edited January 17, 2009 by Emma Royd
spelling

[chris600uk]

No, this is normal

Does mean you have to be vigilant though - no doors and windows etc etc

 

 

Remember it's a siege, they will be praying that they catch you after you've been shopping, busy moving bags from the car they want to levy into the house where you might even have left the door open.

[chris600uk]

But once you're behind your front door, make a nice cuppa and turn up the radio or the telly, and let the world outside go and **** itself for an hour.

[Emma Royd]

thanks Chris

 

i'm going to do my shopping tonight, then I don't have to go out again until half 3 on monday afternoon when I go to work. I've decided to park my car at my sisters on the next street as well..the walk will do me good. I could do with the exercise

 

Anyway i'm off to work now....thanks again

 

laters

 

Emma Royd

xx

[chris600uk]

Have you considered selling the car to someone you trust to sell it back to you?

[blueboy987]

just received a formal notice from Equita saying that they have arranged for a bailiff to come to my home on monday or tuesday with a removal contractor [/color]"when he will remove your possessions to the local auction house".

 

What do I do now chaps? At least I know when they are coming and can make sure my car is well out of the way. Should I be worrying?

 

They're just trying to get inside your head - don't let them, stay on your guard, keep all your doors and windows shut and be careful when you are leaving / entering the house.

 

You don't know when they are coming either, they've been somewhat vague by giving you two possible days with the aim solely of winding you up and scaring you. The "removal contractor" and "he will remove your possessions" is aimed at getting to you as well - they can't do anything if they can't get in to your house (provided your car isn't nearby).

 

Again, don't let it get to you. They will give up and send the case back to the council.

 

When I went through this they turned up a few times and put letters through the door and that was it, my car was actually on my driveway and they never touched it either. But play it safe and keep your car elsewhere.

[ambershadow]

When they came to me I got the card to say they were comming after the fact

[Emma Royd]

Have you considered selling the car to someone you trust to sell it back to you?

 

I could sign it over to a family member but wont this just be more hassle for me....The tax is due at the end of the month and how do I go on regards insurance cos i'm paying monthly at the mo. And if the bailiffs turned up tomorrow the 'sale' wouldnt have gone through in time.

 

Emma Royd

xx

[chris600uk]

Well Emma, this is a seige, it's a cold war of sorts.

You are dealing with a sort of legalised extortion, criminals in all but name.

 

The bailiffs and the councils want to have their cake and eat it too, what I mean by that is this - they want to use the law and break it at the same time, in the hope that the debtor doesn't know it well enough to have the confidence to challenge them or so arrange their finances and assets that they cannot levy.

 

I don't want to sound mean but that actually works in my favour.

 

I force them to stay within the law when dealing with me, and er fracture it if necessary when I need to protect my stuff.

So if you have a relative or good friend who is prepared to "buy" the car, and claim damages if the bailiffs dare to touch it............

 

I can't say anymore than that on a public site - I hope you get my point.

[sosumi]

Hi Emma,

Stay strong. Will be thinking of you today xx

[Emma Royd]

Hi guys, thanks for your support

 

well nothings happened so far today and i'm about to leave for work in ten minutes.

 

Got to laugh...me dad and nephew have both been round today and they think it's like fort knox.

 

One of my sisters has sent a cheque round made out to my council. I've sent it back saying thank you but no thank you. For a start off she'd made it out for £50 too much and for another she can hardly afford to lend me the money anyway. My family dont want me to be living like a prisoner in my home. Anyway thanks to you guys i'm not scared anymore.

 

Hi ho hi ho its off to work I go

 

Emma Royd

xx

[Emma Royd]

Morning chaps,

 

No visit yesterday and just had another letter through the post dated 16/01/09. It's almost identical to the first letter (shown in #1) except for the fact the amount has changed. They are now asking for the sum of £338.50 to be sent by return post. (£30 less)

 

I'm wondering if they've reduced their charges since I wrote to them with ambershadows' letter or if its a typo. Eitherway, i'm NOT paying them

 

Emma Royd

xx

[Emma Royd]

And today another letter dated 19/01/09...a REMOVAL NOTICE. 'Our Recovery Officers have been unable to make contact with you at home I have, therefore, rearranged for them to be in your area with a removal contractor during the course of the next two weeks'...Utter rubbish....nobody has been to my door and they certainly haven't rang me. They have neither my landline or mobile number.

 

Shall I send them another bogoff letter?

 

thanks

Emma Royd

xx

[chris600uk]

No, send them a query asking why they are harassing you with letters are incorrect and clearly designed to be distressing, pointing out that you understand that the law requires them to have levied first, copy to everyone on my favourite list.

 

Council tax office, Head of council tax department, your local councillor.

 

In time they'll all get sick of hearing from you, that's why bogoff letters by themselves are no good, you have to give them a reason to actually read them - which takes time, which costs money, and not only will the bailiff get fed up and leave you alone, but after a while their office staff will groan inwardly every time they see your name on communications.

[Emma Royd]

Thanks for the speedy reply and your help again Chris. I'll get the letters in the post today.

 

Also had a letter from one of my credit cards threatening me with bailiffs. Yea right...and wheres my copy of the CCA I asked for months ago? Thank God for CAG !! I'm off back to Debt Collection Industry for a bit to dig out my thread. It never rains.....eh?

 

thanks again

 

Emma Royd

xx

[Emma Royd]

I just went to make an online payment using my old card reference number and its showing a balance including this years council tax, so I typed in this years reference number and the balance is still the same.

 

Question is... if I make a payment how can I be sure that the council will credit this against the old bill and not the remainder of the current bill? Will this be enough to keep Equita off my back and pass me back to the council?

 

thanks in advance

 

Emma Royd

xx

[Emma Royd]

just noticed, on the bottom of all the letters received from Equita, in between their opening times and phone number, in small letters, it says Client Ref: and the same number as is on my current council tax payment card

 

Just off to work now. Any advice appreciated and i'll check in later

 

thanks again

 

Emma Royd

xx

[sosumi]

I just went to make an online payment using my old card reference number and its showing a balance including this years council tax, so I typed in this years reference number and the balance is still the same.

 

Question is... if I make a payment how can I be sure that the council will credit this against the old bill and not the remainder of the current bill? Will this be enough to keep Equita off my back and pass me back to the council?

 

thanks in advance

 

Emma Royd

xx

Hi emma, I wish I knew what to say but I'm stumped!

I wish your council hadn't been such *rses. Could you try them again?

Sorry I can't help more. xx

[sosumi]

If you do make a payment get a receipt!!!

[oneway]

Just a issue of my own on this same topic.........

 

Last August i missed a payment of my Council Tax arrears, it was a family wedding and i admit i got behind due to financial strain, these payments were in order to catch up on previous debts, they came up with a payment plan but this only covers my current CT i think, i have been paying £110 a month for a while now however they have now given a chunk of my debt to Equita, approx £12,000. I had some nasty letters and this week rang them up and i was faced with a very aggressive rude man demanding full payment, i advised i cant pay anything till i get paid this month, he said the baliffs would come then, they didnt. I called them back and he demands i pay £270 a month for the next 6 months as he says it must be paid within 6 months without fail, i just cannot do this, its impossible for me, i tried to offer less but he was so aggressive i ended up putting the phone down as he said if i didnt pat they come take my things. I have worked things out and i can just about pay them £100 a month max but why wont they accept this is all i can afford ? What can i do ? Should i go to the courts ? Or should i stand firm and offer them £100 a month and make it clear if they dont accept it they will never be allowed in my house, would i be better to write to them about this or do ir via CAB ?

 

Any advice much appreciated.

[blueboy987]

Just a issue of my own on this same topic.........

 

Any advice much appreciated.

 

First thing to do is to start a new thread and post all the info there, so people can advise you without it getting mixed up on this thread.

 

Then you need to adopt a siege mentality - keep all your doors and windows closed and locked at all times, be careful when you are leaving and entering the house and move your car somewhere safe.

 

Despite what they might say, they can't enter your house by force but once they are in they have the right to re-enter. So keep them out.

[chris600uk]

if I make a payment how can I be sure that the council will credit this against the old bill and not the remainder of the current bill?

 

You can't unless the council have agreed a payment arrangement to them.