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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

problem with Equita urgetn help needed

Faz_London
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Faz_London

Faz_London

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Nope!

It looks like they are now out of the picture :-)

 

I hope so. the leter also states:

as we have been unable to levy distress upon your goods it is referred back to our clients who have power to apply for a warrant of commmitmnet to prison againts you,

 

also at the top in bold it says we are in possesion of a magistraes liabality order and in absence of payment we size your goods and etc

 

will the council write to me regarding this and what happens to the outstanding arrears fromlast year ? i will of course carry on paying but do they arrange a payment plan?

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chris600uk

chris600uk

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will the council write to me regarding this and what happens to the outstanding arrears fromlast year ? i will of course carry on paying but do they arrange a payment plan?

 

Well as you can probably imagine, you are not flavour of the month in the bailiffs office, and the council won't be too pleased with you either :-)

 

If you clearly have assets, they might threaten you with bankruptcy, but if you haven't it's an empty threat because if you have nothing they can seize through the bankruptcy process then it will add the cost of that to the debt which they won't be able to recover.

 

If you have just been on a fabulous holiday to the Seychelles and they find out about it, then perhaps they might just be able to justify putting you in prison.

 

I would just keep on paying

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Faz_London

Faz_London

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big thanks to Chris006uk and everyone here for all the help and advise. i just wish i found this site a bit earlier. no doubt i will continue to seek advise as i feel i should get back some of the fees equita have charged me over the years !

 

 

 

:D

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Faz_London

Faz_London

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I have recevied yet another letter from equita,3 within 7 days.their latest letter is a removal notice and saying they have been instructed for removal contractors to visit my property in the next 48 hours and if i cant pay the debt in full i have to make sure some one over 18 is present at the property to witness this.

 

they have written to me 3 different replies in their last 3 letters and ignoring both my letters requesting a copy of statement of account. shall i get a citizen advice involved?

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chris600uk

chris600uk

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See your post number 29, where they wrote to you saying that as they hadn't been able to levy upon goods they were handing the account back to the council.

 

It's all a load of bollocks! And they are just trying to wear you down.

 

Yes, if you think CAB can help you will the letter you need to send, why not!

Although I hope I'm wrong, you may find you have more knowledge about it than them, but in any event their experience will be valuable and it's nice to have a real human to discuss it with instead of us cybermates.

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Faz_London

Faz_London

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I have been waiting for Equita to send me my statement of accoutns since beginig of the month, no news yet ! what is the maximum amount of time that i should wait for this info and what is the correct/legal way of obtaining this information.

Also with regards to their fees what is the maximum they can charge on each account.

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chris600uk

chris600uk

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I have been waiting for Equita to send me my statement of accoutns since beginig of the month, no news yet ! what is the maximum amount of time that i should wait for this info and what is the correct/legal way of obtaining this information.

 

If all else fails you could make a Subject Access Request, pay the fee, and wait 40 days. They'll know exactly what you want it for so I imagine they'll make you wait the whole 40 days.

 

They should have provided that information within 14 days, that would have been reasonable. So in your position I would write again, only this time send a copy to the council tax department, the head of revenues, your councillor and your MP.

 

Don't be afraid to ask for help from these people, this isn't a quick skirmish, it's a long campaign...

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Faz_London

Faz_London

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I have received a reply saying that they do not have this information and that i should request this from the council.

I think this is a ridiculous reply from them ! shall i write to then for the 3rd time or just go for the subject asscess request???

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chris600uk

chris600uk

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:) of course it's ridiculous..

 

But that reply cost them nothing and annoyed you.

 

You need to start writing letters and aggravating them, a campaign like I said.

It's not personal, and it can be fun!

 

The more letters you send to more people, getting them involved, the more hassle you create and the greater chance that they'll give you what you want.

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Faz_London

Faz_London

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:) of course it's ridiculous..

 

But that reply cost them nothing and annoyed you.

 

You need to start writing letters and aggravating them, a campaign like I said.

It's not personal, and it can be fun!

 

The more letters you send to more people, getting them involved, the more hassle you create and the greater chance that they'll give you what you want.

 

 

can i message you my reply for approval?

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Faz_London

Faz_London

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I have received yet another letter from Equita demanding full payment within 24 hours. it also mentions that if they do come around they will add extra charges. still waiting for their reply regarding account statement.

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Guest Happy Contrails

Guest Happy Contrails

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The law: Regulation 14(2) and Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992

 

£24.50 for a visit, £18.00 for a 2nd visit. Levy fee is a flat rate of £10. The law does not provide for anything called an 'enforcement fee'.

 

You can claim back any fee that is not precribed. A Form 4 complaint for overcharging you will also do the trick: http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

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Guest Happy Contrails

Guest Happy Contrails

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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)

 

I hope you are not giving out that advice in your professional capacity.

 

Having a liability order is not a criminal offence and neither is refusing to pay council tax and child support. Sections 32-36 of the Council Tax (Administration and Enforcement) Regulations 1992 and Section 33 Child Support Act 1991 deals with liability orders. There is no suspect, criminal investigation, involvement by the CPS and nobody is convicted or gets a criminal record.

 

If a debtor is committed to prison for non payment under Sections 47/40 of the above Acts he is a civil prisoner and has priviledges similar to unconvicted remand prisoners.

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Vannie

Vannie

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Faz,

 

I had exactly the same problem with Equita. I received exactly the same letter practically every week! They sent the debt back to the council.

 

I have to advise thought, if the debt is sent back to the council, all they do is send it on to another less (if that's possible)scrupulous DCA.

 

I'd pay the Council direct from now on, and let them sing for their fees!

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Faz_London

Faz_London

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The law: Regulation 14(2) and Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992

 

£24.50 for a visit, £18.00 for a 2nd visit. Levy fee is a flat rate of £10. The law does not provide for anything called an 'enforcement fee'.

 

You can claim back any fee that is not precribed. A Form 4 complaint for overcharging you will also do the trick: http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

 

 

thanx. should i be filling in form 4 for the overcharging? also i have learnt that coucil costs are court fee's paid by the coucil. not sure if i can claim these back. and with regards to levy fee, i thought this is when they come in to my property? i have never signed anything or let a bailif in to my property so should i be claimmg this back as well?

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chris600uk

chris600uk

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If a debtor is committed to prison for non payment under Sections 47/40 of the above Acts he is a civil prisoner and has priviledges similar to unconvicted remand prisoners.

 

So you can wear your own clothes and have extra visits - oh the luxury!

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Faz_London

Faz_London

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please advise on the below issues before i make my complaint:

 

can i claim back council court fees? ( dont think i can)

Enforcment fee - what exactly is this? tried calling equita to find out but they cut me up

Levy fee- they have never been into my property and i have never signed anything

 

how long does this proceedure take for them to respond to the form 4 complaint?

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