Equita Bailiff/kb ba1 - further help wanted.

[emandcole]

Congrats on that, we'll be following you in a few weeks time once we've given a Mr Deakin enough time to dig his hole deeper. Equita normally fall apart quite quickly from my own understanding and research and although they'll normally back a bailiff up with lies right o the end they won't risk their own neck when the crunch comes. No honour amongst thieves eh?

 

Good luck and make sure you get damages for the hassle and trauma you'e been subjected to.

[kb_ba1]

Right... I've just drafted a letter to Karen Fowler at Equita which I'm sure will be a waste of time, but any feedback would be great before I send it. I did email them as advised, but suprise, surprise no response. Ok, here's my letter:

 

I am writing to once again to complain about the actions of your company Equita and your bailiff Xxxxxxxxx. I have contacted Equita on numerous occasions regarding a visit the aforementioned bailiff and numerous threatening letters from after payment was received and confirmed by you.

 

All I get told is to speak direct to him, which I refuse to do after lodging a complaint against him. Also any written correspondence says the same. The most recent of which failed to even paste in his details. Pro-forma response is unacceptable in this situation.

 

The lack of communication and general incompetence displayed by Equita has left me with no choice but to contact the police, lodge a Form 4 complaint against your bailiff and write to the OFT enclosing copies of all letters. I will not be bullied and harassed in to paying money I do not owe, this amounts to extortion on the part of Equita.

 

Also, is it worth adding something along these lines:

This bullyboy tactic and harassment displayed by Equita has caused me a great deal of trauma and distress not to mention hassle trying to sort it out. Therefore I write to expecting a full, written apology NOT another template reply as well as damages due to the stress caused, which has not only effected my mental wellbeing, but my relationship and ability to concentrate at work.

Thank you all once again. You've been fantastic. That's for the forum guys of course, NOT Equita!

[emandcole]

To be honest any letter you send to Equita will have very limited benefit, they simply do not engage with complaints as you have probably already found. I'd send the letter to them purely to show that you've been through the motions of contacting them as you need to show you've attempted to settle the issues before you take Equita or an individual bailiff to court.

 

They'll probably send you a letter pretending to be concerned etc if you're lucky. I'm no expert but I would wait for a response from Equita and once you've 'done that bit' and got nowhere continue to pursue the bailiff with the form 4 as he is responsible for his actions. I take it you have proof of his wrongdoings and that these conflict with bailiff practice or you wouldn't have issued the form 4 complaint already? When your evidence and case is heard and hopefully upheld you can apply for costs/reasonable damages from his bond.

 

If Equita themselves are responsible also in some way as an employer - for example contributing to the failure of the bailiff, obstructing you in obtaining information, sending deceitful letters, misrepresenting their powers, the list goes on, you could then take Equita to court for these breaches and ask for damages also using the bailiff case as further weight to your argument. Frequently they lie about attending a property and add costs and a good one to pursue is proof they have actually attended for the times you've been billed for. A subject access request would get you that information. If they then cannot provide GPS evidence of those apparant visits to tie up with the listed visits that could be one way to go but they really do make it easy in general to get them for something as their practices really are very poor. If they don't reply in time to the SAR complain to the data commissioners office in London. I did and Equita got in trouble for it. If they do that too many times they'll drop themselves right in it

 

Also ensure the instructing party (a council perhaps) are involved as they are legally responsible too. There's a lot of leverage if you can play the waiting game and it can be very easy in time to turn the two against each other as neither party when it comes to the crunch wish to be seen in their true light and there are serious implications for them. I'm drilling northampton council at the moment for a series of huge failures and they're getting themselves deeper in it by the week. I will be pursuing damages action soon as we're ten months in and still a huge number of problems exist all built on lies and deceit which they can't wriggle out of anymore.

 

As for mental turmoil and other things you could claim for that but you'd need to show evidence for this. A visit to the GP to log your specific problems relating to the bailiff/Equita would be helpful. Any losses you claim for need to be reasonable and you have to show evidence for them. Unlike Equita you can't just make a sum of money up and claim for it but if you can show how it's a loss to you or how you've been affected you can claim for it. Would your employer write you a testimony and show how your performance has been compromised for example? Did this result in a lost performance bonus for example? You get the idea.

Evidence = loss = award. Whatever you claim for obtain reasonable evidence and you'll be fine.

 

Ultimately if you put a concise claim together Equita would be stupid to let it get to court but accepting an offer or waiting for court intervention is a whole new ball game in terms of recovering costs/damages. Keep us all posted as Equita are in many peoples bad books and the day will come when they won't get away with thier current practices.

[kb_ba1]

Thank you emandcole. That was a great response and I thank you for your help and the time you took to write your response. I have drafted a letter to the council and will send that tomorrow. Once again, thank you so much and you've no idea how thankfull I am.

 

Will keep any progress up to date and posted, especially if it can help other in a similar situation.

 

P.s. Thanks for the GPS tip!

Edited February 16, 2009 by kb_ba1

[kb_ba1]

Me again... I've received a reply from Northampton court regarding my Form 4 complaint. It tells me that the bailiff in question is private and employed by the Local Authority that issued my parking ticket. That would be Bath & North East Somerset Council. However, I was on the understanding he worked for Equita so I'm a bit confused... The letter suggests I talk to him directly and ask who he is certificated by before addressing my complaint to the relevant county court. But I REALLY don't want to speak to him or Equita... Is there a magic way of finding out who he is registered with or is it a case of a further letter to Equita demanding the information.

 

Anyway, with regard to them. Haven't heard anything yet nor from the council. Maybe something will be waiting for me when I get home. Or maybe not!

 

Thanks in advance.

[andie_303]

I'll ring them and ask for you!! lmao

[ambershadow]

Contact Tomtubby she knows who's certificated and who's not

[kb_ba1]

I'll ring them and ask for you!! lmao

 

LOL! Might take you up on that! And andie_303

 

I'll PM Tomtubby, thanks ambershadow.

 

Thanks all. Will keep you updated.

 

Man, I'll be glad when this is all over... :-|

Edited February 20, 2009 by kb_ba1

[kb_ba1]

Tomtubby doesn't accept PM's... any ideas???!!!

[andie_303]

PM me the bailiff name and number and equitas number to and I'll ask them for you

[kb_ba1]

PM me the bailiff name and number and equitas number to and I'll ask them for you

 

Thank you! Just done it.

[andie_303]

Right here you go....

 

first I called the OFT registration dept and whilst they couldn't tell me who certified him etc they did say you should email them with the complaint as they can heve his licence suspended/revoked. The email address is [email protected]

 

secondly I called the very nice people at Equita that kept asking who they were speaking to and wanted to verify that I was an 'Equita Customer' before giving me any information. So i did the whole you do realsie i'm legally entitled to this information and I could report you so then you give it me and get a nice fine or you could just give it me now and save the hassle....lo and behold.........Northampton County Court issues his licence.

 

Hope it helps

[kb_ba1]

Thank you so much andie_303. I will get in touch with the OFT. Also, interesting you say that his license was issued by Northampton County Court, especially after they told me in their letter he would be a private bailiff. Hmmm... The plot thickens!

Will drop the OFT a line and keep you posted. Thank you once again.

[andie_303]

if you want me to double check PM me the bailiffs phone number and I'll call him too - I love just winding them up really they've done it to enough people time to get some back!!

[ambershadow]

LOL YOU two

[kb_ba1]

Letter from lovely Equita received Saturday morning. They've returned the warrant to the council, fully paid as a 'gesture of good will'. Wow, they're so kind. Sure the form 4 had nothing to do with it! So result!

Just want to investigate why Equita say the bailiff is certificated by Northampton Crown Court when the Court say he isn't. So letter to the OFT next. Oh, and andie_303. Have PM'd you his number!

Edited February 24, 2009 by kb_ba1

[chris600uk]

No certificate?

 

Well then, there is your explanation

[kb_ba1]

No certificate?

 

Well then, there is your explanation

 

That's what I'm hoping! If that really is the case and it looks like it might be I can actually start having some fun!

[andie_303]

ha ha ha lmao - "errrrr can I ask why you want to know this???"

"who am I speaking with?" "well if you wont tell me what I want to know I won't tell you"

 

A little defensive Mr Bailiff - not finished yet - i'll find out!!!!

[kb_ba1]

Interesting! Can't for some more dirt. Bet he doesn't like being harassed eh?!

Thanks andie_303.

[kb_ba1]

Will hold off complaining to the OFT until we know more I think...

[kb_ba1]

Just a quick update... Have found out the where the bailiff is certificated and it's Torquay... So sending off a FORM 4 complaint to them. Also might try and get Equita to put it writing that he is with Northampton County Court like they said on the phone. Funnily enough when I spoke to Her Maj's Court Services they recognised his name... Interesting.

Also in the process of writing my letter to the OFT. Will keep you updated.

[jewelinthedust]

Hi to all..am brand new user, and joined just because of your threads!( KP BA1)

Am suffering at the hands of whom I think might be this same bailiff, over a parking ticket issued at the end of November!

Have been harrased, threatened to have my car taken, all the usual stuff, and fees have quadrupled in three weeks. Have got my local mp involved, and as of today, local press interested in running a story on bailiffs in bath area. I am a single mum, on medication for clinical depression, which he knows, this man has even harrassed my daughter whilst I wasn't at the house, I have reported him to the police for harrassment, and so the story goes on. He has made us afraid to be in our own home.

In my eagerness to be in touch with someone else who has experienced Equitas' Bath Bailiff, I have yet to read your threads fully, but I will do so now, and return to you very shortly. I fully believe this company has to be exposed, and have asked my local MP to act for me and look into this matter So far he's been really helpful..please I would love to hear from you!

[andie_303]

Hi Jewel,

 

I'm sorry about this - seemingly these people are **** - have you asked Equita for a breakdown of charges?

[jewelinthedust]

Hi Andie, I have never received anything in writing detailing the fees or explaining what they were for. The original money the bailiff was looking for was £125.00. In incredibly similar circumstances to KB, i submitted a cheque for this amount in january, which bounced. I was out of the country at the time, on leave from my business, I'm a sole trader, and at christmas we had three robberies in as many weeks, I lost £2,500, which I can't claim back on insurance, as well as all the snow (I have a stall outside, which couldn't trade due to the severe weather). I suffer from depression and was so distraught after all this, my family bought me a flight to stay with a friend abroad.

A week after I returned to the UK, and after explaining to the bailiff I was out of the country (he harrassed my daughter while I was away, who stayed at home with a friend, as she had to attend college, and I had to ring him and ask him to back off, as she's only sixteen, he threatened her that he would come to the house and take goods), he visited the house, didn't even knock on the door, but stuck a big sticker on my car windscreen, which I run my business with, telling me it would be towed away. I rang the numbers listed (equita), horrified, and said i would pay using my credit card. they told me fine, but the debt had risen from £125.00 to £470.00 in three weeks. They wouldn't say exactly what for just 'visits' etc. I didn't have enough balance on my card to pay this, luckily although the sticker was on my car, there were no clamps. i moved it somewhere the bailiff wouldnt be able to find it, and was later told I had 'stolen' my own car, and the police would stop me and seize it if they caught me driving it.

When I rang the police to report the harrassment, after a number of phone calls, threats etc, they told me this was rubbish.

And so it goes on. I am today waiting for a response again from my local MP, who has heard back from the parking services to say the ticket is valid and not able to be overturned (even though I had been given it by a new parking attendant on the block, who didn't know I was a stall holder and setting up my stall at the time, still had things in the car being unloaded). The council have now suggested to my MP that I complain to Equita, and pretty much washed their hands of it.