Equita Bailiff/kb ba1 - further help wanted.

[kb_ba1]

Hi,

Haven't posted here before, so I hope I do it right... I also hope someone can help me!

 

I recently received a letter from Equita stating I owed them £92.88 for an unpiad parking charge. I sent them a cheque for the amount, but forgot to sign it. They returned the cheque and I sent them another. The amount reached their account on Wednesday January 28th. On Monday 2nd February I had a letter waiting for me to say a bailiff had called to execute a warrant and threatening to return where extra costs would be at least £140. I phoned the bailiff to explain the payment had reached Equita's account the previous week, but he said that wasn't good enough as it was late. I admit that it was late, however when I first sent the cheque (the unsigned one) to Equita I apologised for it being late due to Christmas and going overdrawn. They didn't get back to me saying that would be a problem.

 

Where do I stand? I fully admit the payment was late, but I'm not happy that the bailiff visited after the money reached there account. I rang Equita, who confirmed the payment but told me I had to deal with the bailiff directly. He's not being to helpful insists I owe him the extra money.

 

Please help, I'm already in arrears on my credit card (sure I'll make another post regarding that one0 and this extra stress, is just about to tip me over the edge. Seriously.

 

Many thanks in advance

[kb_ba1]

Hi,

Haven't posted here before, so I hope I do it right... I also hope someone can help me!

 

I recently received a letter from Equita stating I owed them £92.88 for an unpiad parking charge. I sent them a cheque for the amount, but forgot to sign it. They returned the cheque and I sent them another. The amount reached their account on Wednesday January 28th. On Monday 2nd February I had a letter waiting for me to say a bailiff had called to execute a warrant and threatening to return where extra costs would be at least £140. I phoned the bailiff to explain the payment had reached Equita's account the previous week, but he said that wasn't good enough as it was late. I admit that it was late, however when I first sent the cheque (the unsigned one) to Equita I apologised for it being late due to Christmas and going overdrawn. They didn't get back to me saying that would be a problem.

 

Where do I stand? I fully admit the payment was late, but I'm not happy that the bailiff visited after the money reached there account. I rang Equita, who confirmed the payment but told me I had to deal with the bailiff directly. He's not being to helpful insists I owe him the extra money.

 

Many thanks in advance and I hope what I've written makes sense!

Edited February 14, 2009 by kb_ba1

[PGH7447]

bailiff visits only comes in at £25 or so I believe - so tell him to get stuffed

[kb_ba1]

Thanks for your reply, thought it was rather excessive! But should I even be paying anything for the actual visit when Equita had already received the money or does he still have the right to turn up? Though I sure as hell am not letting him in!

[andie_303]

Payment received before the bailiff attended therefore it's his own fault if he has charges he should get them from Equita - tough luck for him.

[kb_ba1]

Should I write to Equita a) telling them he arrived too late and b) that him charging £140 for the visit is too much? It's more than the original fine!

 

When I did speak to Equita they told me I had to deal directly with him. As I want to do everything in writing (as I've seen on these forums) that might be a bit tricky. I just want to avoid paying crazy amounts for additional visits and make sure I'm not in the wrong.

 

What the best plan of action?

 

Thanks

[andie_303]

When you call Equita will tell you to deal with the bailiff - however if you have a complaint about the bailiff or the company this is Equita's responsibility to deal with it. Send a recorded letter detailing that there was a mistake on the first payment and you rectified this as soon as was asked. Payment had been received in their account on the 28th so any action they have taken after this date is null and void and amounts to harrassment for a debt you no longer owe. Tell them any further contact besides confirmation of the debt being settled and an apology for their bailiffs actions will result in a complaint being lodged against them and their bailiff with the office of fair trading and the police.

[kb_ba1]

Great stuff, thank you. I will get a letter typed up today and post it off tomorrow. Thanks for your help.

[kb_ba1]

Just one more thing... Should I contact the actual bailiff too to tell him what I'm doing and not to bother turning up on my doorstep as he won't get anywhere. Certainly not over the threshold. Or should I continue to ignore him? Sorry if I sound so pathetic, just want to make sure I do everything right!

[andie_303]

I would just send your letter 1st class today then it'll be received tomorrow if he turns up after that then again it's his tough luck his company is on notice that you are complaining.

[kb_ba1]

Ok, thanks very much.

 

Will let you know the result.

[kb_ba1]

Just one more question... Is it worth me also writing to the council and complaining about Equita's behaviour?

[kb_ba1]

Further to my recent post here: http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/182784-equita-bailiff-came-when.html

 

I'm in need of more advice. I hope someone can help! I received some great advice from andie_303. I wrote a letter to Equita which I have copied in below:

 

Bailiff Ref: Xxxxxx

Pin No: Xxxxxxx

 

Dear Sir/Madam,

 

I am writing regarding a visit by one of your bailiffs,

 

I received a letter from you stating I had to pay £92.88 to you for an unpaid parking fine. Unfortunately the cheque I sent was unsigned, you returned it to me and I sent a new, signed cheque. The money left my account on Wednesday 28th January. On Monday 2nd February I returned home from work to find an undated, hand delivered letter from the bailiff (copy enclosed), who had visited that day. I called him the following morning to explain I had paid the fine, he threatened that didn’t matter and he would return to my property asking for a payment in the region of £300.

 

I have sought advice regarding this and have been told any action taken after the payment had been received by yourselves and had reached your account is null and void and amounts to harassment. Therefore further contact besides confirmation of this letter and an apology for your bailiff’s actions will result in my lodging a complaint against Equita and your bailiff with the office of fair-trading and the police.

 

I have also yet to receive a receipt for my payment, which I require for my records. I will also be contacting BANES council regarding this matter.

Then they replied with this

 

Further to your recent communication, the content of which has been noted. I write to inform you that your case is currently allocated to one of our bailiffs. The bailiff is (space) and can be contacted on (space).

 

You should direct all queries to the bailiff in charge of your case. Should you have already concluded this matter with the bailiff please disregard this letter.

 

Now is it me or did they ignore the fact I was complaining and just send me a templated and non-updated letter?! They also failed to provide me with a receipt. I really don't want any further communication with **EDITED**especially as I've lodged a complaint towards him. Even when I tried before he doesn't answer his phone. Further to that I received ANOTHER letter stating I now owe £243.80!!! And unless they receive full payment within 24 hours further enforcement proceedings will be started against me. But I've paid the fine. And BEFORE the bailiff came. Now I'm sure my partner can help me out to get them off my back so we can then try and get it back after but a) I don't see why we should. b) I don't want the hassel and c) I don't hold much hope it would ever happen anyway.

 

Sorry for the long post. Just hope someone can advise on what I should do next. Thanks in advance.

 

 

Edited February 14, 2009 by MARTIN3030
named individual-info removed

[Guest Old_andrew2018]

The OP has inadvertently left the bailiff’s name on the letter they reproduced in their thread.

[MARTIN3030]

dealing - Thanks Andrew.

[MARTIN3030]

KB you should keep associated posts on one thread-it make it much easier for those helping and following.

Will merge the two.

[MARTIN3030]

3 threads merged and title rechange.

[kb_ba1]

thanks for merging and editing didn't know how to.

 

Just hoping someone can help!

[kb_ba1]

Please, somebody and advice would be most most appreciated. I'm desperate to know what to do.

 

Thank you

[andie_303]

KB - DO NOT PAY THEM - THEY ARE [causing problems] YOU!

 

My advice now is to contact the office of fair trading give them the letter you sent and the response along with the proof of payment you sent in January. Phone your council now and tell them what has happened - most councils are normally quite good and raining in their bailiffs - hopefully you live in one of those council areas. Talk with the revenues/parking charges manager and tell him you are contacting OFT and the police today as you are having money 'extorted' from you by a company that is acting as their agents.

I would then also email (attaching a read receipt) Equita saying that a pro-forma response is not good enough and you now wish this to be elevated to the complaints manager and dealt with today. The reason I say email and not post is that it will get there quicker and if you attach a read reciept there is your proof of delivery.

Try your council first see what they say but definately need to complain about them to the OFT ASAP.

 

Let me know how it goes

 

Andrea

[kb_ba1]

Thank you so much Andrea. Will do that today. I have reported it to the police online and am awaiting a crime reference number. I will also do everything you said today.

Thank you again hopefully it will be resolved before I have a breakdown. I'll let you know how I get on.

[andie_303]

Thats what they are banking on - that you just have that much of them you give them the money to get them off your back - make sure the council are aware that you are feeling threatened and try and get across how you feel equita are extorting money from you for a debt you have already paid. As I have said before councils normally reign them in pretty quickly if they overstep the boundries but it all dependson who you get int he council and if they're having a good day!

Good luck keep me informaed

 

Andrea

[kb_ba1]

I shall. I'm just thankful I'm not a single Mum or a vunerable person. Goodness only knows how much worse it is for some people. I just hope I can make these scumbags face up to what they are doing to people. I doubt it though. Sure they will just move on to the next person. I don't know how they stay in business.

 

Anyway, thanks once again for your help and I will let you know how I get on.

[emandcole]

Hi,

Would echo that last advice completely. Equita are renowned for trying it on and frequently overcharge relying on the fact that many people don't know their rights. I would also issue a form 4 complaint against the bailiff concerned in the court issuing his licence which means that a judge will look at your evidence to see if the bailiff has been up to no good. If the judge is satisfied the bailiff has been taking liberties he can remove his bailiff licence and award you damages out of the bailiffs bond money. Equita as a company are in the courts regularly for various breaches.

 

The sooner more people get together and fight these people the better it will be for us all. It is not illegal to be in debt but the way these people operate would make you think otherwise. If you have the evidence against the bailiff then investigate the matter further, you'd be surprised how quickly individuals fold when they are the ones being pursued by the authorities. Best of luck.

[kb_ba1]

Emandcol,

Thanks for your post. I sent a form 4 complaint to Northampton Court at lunchtime, so fingers crossed.

As soon as I hear anything I will make another post. It's crazy these people can behave in this way and it's only down to this forum that I've finally learned to stand my ground and not be walked all over!

Thank you everyone.