problem with Equita urgetn help needed

[Faz_London]

Hi All

 

It may be another familiar story with Equita but all advise will be much appreciated as they are now just taking the p**S. this the story so far:

 

last year i had 2 accounts with Equita. one was paid off around £300 and the other was £550 for 2007/08 year for council tax.

 

after i paid the 1st account i verbally agreed a £50 a month payment plan i have been paying once a month since November. now last month i paid ion the 18th of Feb instead of earlier in the month and then i started getting letters and now i received a letter yesterday saying i have 24 hours to pay in full other wise they will coma around the collect my goods.

 

i called up and tried to speak to the bailiff but he was very rude and told me if i miss one day he will send a bailiff around.

 

now please let me now what i can do as they are just out of order for sending me these letters.

 

i will be seeking advise later today if i can from Citizens advise Burea as well.

 

All your advise will be much appreciated.

Edited April 24, 2009 by Faz_London

[BankFodder]

They cannot collect your goods without a court order.

Get yourself a telephone recorder. you should not be having phonecalls with these people without recording your calls.

[Faz_London]

can they get a court order? but i have not done anything wrong here anyways ! i have been paying every month,it was just late 2 weeks

[tomtubby]

They cannot collect your goods without a court order.

 

BankFodder. Sorry but there is "Court Order".

 

 

Council Tax: The Court Order is called a "Liability Order" and is issued by the Magistrates Court (Criminal Offence)

 

 

Child Support Agency: The Court Order is a "Liability Order" issued by the Magistrates Court. (Criminal Offence)

 

 

Unpaid parking ticket: The Court Order is called a "Warrant of Execution" and is issued by the Traffic Enforcement Centre (08457 045 007) (Civil Offence)

 

Magistrates Court Fine: The Court Order is called a "Distress Warrant" and is issued by the Magistrates Court (Criminal Offence)

 

 

The following is a template letter that could be sent to the bailiff company.

 

 

 

Equita Ltd

42/44, Henry Street

Northampton,

Northamptonshire.

NN1 4BZ

 

March 3rd 2009.

 

Dear Sirs,

 

Reference Number:

 

I refer to the above account in relation to arrears of council tax.

 

From your files you will be aware that I called your office to make arrangements to pay this debt back by way of monthly payments of £50 and I have kept to this proposal. At no time during that conversation was I told by your office that payments had to be made on a specific date of the month and neither was I told what the consequences would be if a payment was late. If this is not your understanding, then please provide me with a copy of the transcript of the telephone conversation of (enter date).

 

I do not believe that I have defaulted in my payment arrangement, and instead believe that this is an attempt by your company to charge additional bailiff fees for an unnecessary visit.

 

I intend to continue making monthly payment of £50 which I will ensure are paid by the end of the month.

 

Can you please confirm safe receipt of this letter and can you also provide at the same time a copy of the Liability Order and confirmation also that no fees have been applied to my account.

 

Yours sincerely

[Faz_London]

They cannot collect your goods without a court order.

Get yourself a telephone recorder. you should not be having phonecalls with these people without recording your calls.

 

 

why would i need to record the conversation and how is the BS they say useful?

[pink_eeyore]

They already already have a court order - the liability order for the council tax !

 

Did you agree/sign a walking possession agreement when you set up your repayment plan ?

 

If you did then legally they can come back and get your stuff, even using a locksmith if you are not in.

 

If not, then they cannot so anything unless you let them into your home or leave your car where they can easily find it

[Faz_London]

They already already have a court order - the liability order for the council tax !

 

Did you agree/sign a walking possession agreement when you set up your repayment plan ?

 

If you did then legally they can come back and get your stuff, even using a locksmith if you are not in.

 

If not, then they cannot so anything unless you let them into your home or leave your car where they can easily find it

 

 

I did not sign anything. all done verbaly. i paid off one accoutn and then agreed to pay the 2nd on a monthly over the phone. How can they find what car is mine??and what can they do with my car?

[Faz_London]

can i write to them to say you can not enter my property and i will pay the remainder of the debt direct to the council ? since thety are only excepting full payment on my account?

[tomtubby]

can i write to them to say you can not enter my property and i will pay the remainder of the debt direct to the council ? since thety are only excepting full payment on my account?

 

I had posted the following template here earlier today !!

 

 

 

 

The following is a template letter that could be sent to the bailiff company.

 

 

 

 

Equita Ltd

42/44, Henry Street

Northampton,

Northamptonshire.

NN1 4BZ

 

March 3rd 2009.

 

Dear Sirs,

 

Reference Number:

 

I refer to the above account in relation to arrears of council tax.

 

From your files you will be aware that I called your office to make arrangements to pay this debt back by way of monthly payments of £50 and I have kept to this proposal. At no time during that conversation was I told by your office that payments had to be made on a specific date of the month and neither was I told what the consequences would be if a payment was late. If this is not your understanding, then please provide me with a copy of the transcript of the telephone conversation of (enter date).

 

I do not believe that I have defaulted in my payment arrangement, and instead believe that this is an attempt by your company to charge additional bailiff fees for an unnecessary visit.

 

I intend to continue making monthly payment of £50 which I will ensure are paid by the end of the month.

 

Can you please confirm safe receipt of this letter and can you also provide at the same time a copy of the Liability Order and confirmation also that no fees have been applied to my account.

 

Yours sincerely

[chris600uk]

You should have sent tomtubbys letter.

 

You should in my view ring the council and ask them how much is outstanding on your liability order - you are entitled to that information.

Bailiffs take their fees out first and then pass what is left to the council.

 

Then you could pay the council direct online, although you need to be sure it's going off the arrears and not your current years council tax bill.

 

Your car is at risk if it is parked outside or near your home, the bailiffs will seize it and you could lose it.

Although they don't have the right of forced entry, they do have the right to walk in through an unlocked door, or climb through an unlocked window, or climb over a fence or gate to get into the back garden, or use a ladder to look into an upstairs window or climb through and open upstairs window.

[Faz_London]

thank you for all the advise and keep them coming. with regards to the car, i still dont know how they can get my car? what do they do to it?a nd what happens if they do get access to my car?

[Faz_London]

can i also add if my offer is not accepted i will put the money aside or pay he council directly?

[chris600uk]

If a bailiff sees any car outside your house, or up your driveway, then he is entitled to assume that it may be the property of the debtor.

 

He then records the registration mark and puts a notice of seizure either on it or through your letterbox.

 

From that moment it is no longer your car, and the bailiff is entitled to return and take it away to the auction if you don't pay the bill he/she is collecting or agree a payment arrangement.

 

That's why you park it on the road well away from your house because the law says a bailiff cannot seize a vehicle on the public highway, that's from the Statute of Marborough 1267. Yes an act from 742 years ago!

 

 

 

 

As for paying: I always pay the council direct, that way I know that 100% of my payment goes off the debt. No amount of bailiff action will increase my ability to pay and generally will decrease it, sometimes substantially.

[Faz_London]

well i live in a block of flats so hopefuly my car should be alright !

 

I'm sure Equita employees read these forums ! so how do they normaly respond to letters of complaints and or similiar letters to the one posted above?

 

is there a name and shame section where we could put their mobile numbers and harass them all day?

[Faz_London]

also i belive i have been paying their charges for the last 2 /3 months. is there a way og getting this money back or transfering it to the actual debt

[chris600uk]

well i live in a block of flats so hopefuly my car should be alright !

 

I wouldn't count on it, I'd still park it away from the building.

 

 

I'm sure Equita employees read these forums ! so how do they normaly respond to letters of complaints and or similiar letters to the one posted above?

 

Well it depends on how they are written, but in general they should be ok, most people are human.

There are much worse bailiff firms, and one of the worst is a councils inhouse bailiff department.

 

is there a name and shame section where we could put their mobile numbers and harass them all day?

 

No, and to be honest I don't think that's right.

The correct thing to do is use the law to get rid of the bad bailiffs, because in our society bailiffs are an evil necessity and some are just ordinary people trying to do what is a very difficult job.

Although in some other countries they manage very well without bailiffs, and those countries don't fall apart for the lack of them.

[chris600uk]

also i belive i have been paying their charges for the last 2 /3 months. is there a way og getting this money back or transfering it to the actual debt

 

If the charges are unlawful possibly, but probably only once you've paid the council, because the council are liable for the bailiffs, and if you owe the council money, there's not much you can do as far as I can see.

[Faz_London]

Thank you for all the advise here people. much appreciated. i have written to Equita and looking forward to read their reply. if they do reply in a normal manor that is!!!

 

How long do they take to reply ( to people who have written to Equita) and what if i get another aggresive demanding letter from them instead or if they come around to my house?

[Faz_London]

when requesting for a statement of fees and charges, do i have pay for them to send it to me or not?

[chris600uk]

You are reasonably entitled to that information

[Faz_London]

I wrote to them about 2 weeks ago and and they have just replied but i did not receive the statement of fees and charges and they have just informed me to call the bailif in charge ! what is my next move here as i do not want to have any phone converstaions with them anymore.

[chris600uk]

They are stalling you.

 

Send a letter back to them, or e-mail it if you prefer; and explain to them carefully and politely that you are entitled to that information because the account is in dispute, that there should be no enforcement action on the account while the account remains in dispute, and that if they do not comply with your reasonable request and send you the information that you have asked for, that you will consider making a complaint to the council, and the court that granted the liability order.

 

Bear in mind, that if you do say these things you have to be prepared to carry them out.

 

I would definitely consider sending copies to your local councillor, and if you don't get a quick and helpful response, then approach your local MP.

 

Don't mess about with these people, if you give them an inch they will take 50 miles.

[Faz_London]

thanx mate. i will write back and wait for their reply. it's funny they have not at all mentioned anything about my statement of account and the liablity order

[Faz_London]

Does any one have ant tips on what to write to the council aboutcomplaining about equita and also let them know that i have been paying way too much and equita are just ignoring my letters

[Faz_London]

within 2 days i have received 2 letters from Equita, 1st one is saying i have to conatct the bailiff in charge and ignoring what i have requested and 2nd one is a final notice and refred back to coucil for a warrant of prison. not had a chance to reply to the 1st letter yet!