Baliff & Equita

[Mumof21985]

Hi all.

 

Would love some advice if possible please.

 

Our Council Tax arrears go passed onto EQUITA. Then onto a Baliff.

 

1st letter recived: REMOVAL NOTICE ..... our recovery officers have been unable to contact you at home (BULL AS I AM ALWAYS HERE)

blah blah blah I would request you contact us on the number below blah blah Alternitavely should you wish to pay your outstanding council tax, please contact my office.

 

Ok so I panic, ring equita to be advised it has been passed onto a baliff and only he can deal with the case, so I ring mr baliff to be told to ring back, so I did, to be told to ring back again, no answer, message left.

 

Same happened the next day and no call back.

 

So I ring equitta to be cut off the phone twice! Ring the council and they cant take payment.

 

I was running round in circles here trying to sort some kind of payment plan out. No-one would listen.

 

So I waited and today I get a letter saying REMOVAL NOTICE baliffs will be round in 48hours to remove my goods.

 

So ONCE AGAIN I ring mr baliff to be told he was driving and to ring back, rang back and suprise suprise no answer.

 

ONCE AGAIN rang equita to be cut off!! So I ring back to make a complaint and that has to be done in writing.

 

Anyway. I was just wondering if anyone can advise what I do next?

I am here worried they will come for my 2 young children to see and I have been trying my very best to pay this amount!!

 

Ps.. 2nd letter said £150 charges have been added on!

 

Help me please!!!:-|

[hallowitch]

don't pay the bailiff make payment to the council on line don't worry about the bailiff coming to your home he cannot force entry get the police e.c.t.

his charges are wrong

someone with more knowledge than myself will come along soon to help you in the meantime don't phone the bailiff and don't worry you are in safe hands here

[scatz1972]

Hi all.

 

Would love some advice if possible please.

 

Our Council Tax arrears go passed onto EQUITA. Then onto a Baliff.

 

1st letter recived: REMOVAL NOTICE ..... our recovery officers have been unable to contact you at home (BULL AS I AM ALWAYS HERE)

blah blah blah I would request you contact us on the number below blah blah Alternitavely should you wish to pay your outstanding council tax, please contact my office.

 

Ok so I panic, ring equita to be advised it has been passed onto a baliff and only he can deal with the case, so I ring mr baliff to be told to ring back, so I did, to be told to ring back again, no answer, message left.

 

Same happened the next day and no call back.

 

So I ring equitta to be cut off the phone twice! Ring the council and they cant take payment.

 

I was running round in circles here trying to sort some kind of payment plan out. No-one would listen.

 

So I waited and today I get a letter saying REMOVAL NOTICE baliffs will be round in 48hours to remove my goods.

 

So ONCE AGAIN I ring mr baliff to be told he was driving and to ring back, rang back and suprise suprise no answer.

 

ONCE AGAIN rang equita to be cut off!! So I ring back to make a complaint and that has to be done in writing.

 

Anyway. I was just wondering if anyone can advise what I do next?

I am here worried they will come for my 2 young children to see and I have been trying my very best to pay this amount!!

 

Ps.. 2nd letter said £150 charges have been added on!

 

Help me please!!!:-|

 

Okay a few questions.

 

Have you previously let the bailiff into your home? in no then they cannot force entry now. However they can gain entry through an open window/door etc....SO KEEP YOUR DOOR LOCKED, if the bailiff knocks either ignore it or go upstairs and talk to them out of the window,dont open the door or they may put their foot in it to stop you shutting it...Personnaly i wouldnt talk to them, they will only tell you porkies.

 

If you have a car MOVE IT AWAY from your home, or the bailiff will levy on it.

 

Are you a lone parent?

 

Are you in receipt of benefits Job seekers allowance or income support?

 

There is a statutory fee scale that bailiffs have to stick to whilst collecting unpaid council tax:

 

The Council Tax Administration & Enforcement (Amendment) 1993. Si 773 amended by Si 295 0f 1998, Si 768 of 2003 and Si 3395 of 2006

 

First visit fee: £24.50 This is for a first attendance to levy but where a levy does not takes place. (For example where you are not in)

 

The bailiff can charge a levy fee if they levy but he cannot charge both amounts on the same occasion.

 

Second visit fee: £18.00 Despite any further visits, the bailiff can only charge for a maximum of 2 visits.

 

Levy Fee: Under this heading the bailiff can charge £24.50 for the first £100, and 4% on the next £400 etc.

 

First £100 £24.50

Next £400 @ 4%

Remaining £1500 @ 2.5%

 

Walking posession order £12

 

This is the link to the nationaldebtline website, which shows the complete fees a bailiff can charge whilst collecting council tax , they are at the bottom of the page.

 

http://www.nationaldebtline.co.u k/england_wales/factsheet.php?page=02_bai liffs_and_council_tax

[Mumof21985]

Thanks so much for your replies.

The baliff has never visited. I have spoken to him 3 maybe 4 times on the phone and he ALWAYS fobs me off.

 

I am not a lone parent, I live with my partner who works we recive tax credits. We also don't have a car.

 

Can they charge fees if he comes to my home? As I have tried on several occasions to contact.

 

Also, can anyone advise what I do next if he keeps ignoring me? I have asked the council to make payment last week they said they cant deal with it or take payments now it is with the baliff.

 

Basically everyone is telling me to deal with the baliff, but hes is completly useless and ignores me when I contact.

 

I really appreciate your replies

 

Thank You

[FairPlay77]

Okay a few questions.

 

Have you previously let the bailiff into your home? in no then they cannot force entry now. However they can gain entry through an open window/door etc....SO KEEP YOUR DOOR LOCKED, if the bailiff knocks either ignore it or go upstairs and talk to them out of the window,dont open the door or they may put their foot in it to stop you shutting it...Personnaly i wouldnt talk to them, they will only tell you porkies.

 

If you have a car MOVE IT AWAY from your home, or the bailiff will levy on it.

 

Are you a lone parent?

 

Are you in receipt of benefits Job seekers allowance or income support?

 

There is a statutory fee scale that bailiffs have to stick to whilst collecting unpaid council tax:

 

The Council Tax Administration & Enforcement (Amendment) 1993. Si 773 amended by Si 295 0f 1998, Si 768 of 2003 and Si 3395 of 2006

 

First visit fee: £24.50 This is for a first attendance to levy but where a levy does not takes place. (For example where you are not in)

 

The bailiff can charge a levy fee if they levy but he cannot charge both amounts on the same occasion.

 

Second visit fee: £18.00 Despite any further visits, the bailiff can only charge for a maximum of 2 visits.

 

Levy Fee: Under this heading the bailiff can charge £24.50 for the first £100, and 4% on the next £400 etc.

 

First £100 £24.50

Next £400 @ 4%

Remaining £1500 @ 2.5%

 

Walking posession order £12

 

This is the link to the nationaldebtline website, which shows the complete fees a bailiff can charge whilst collecting council tax , they are at the bottom of the page.

 

http://www.nationaldebtline.co.u k/england_wales/factsheet.php?page=02_bai liffs_and_council_tax

 

CONCERNING LEVY FEES. If the bailiff has been unable to enter your home, which appears to be the case, he cannot 'levy' on your goods (unless he sees your car outside) and therefore cannot charge a 'levy fee'. Similiarly, if you have not signed a WALKING POSSESSION ORDER, he cannot charge you for it.

 

THE IMPORTANT POINT to remember is that, as they have not been able to enter your home, the bailiffs are powerless. They are not officers of the court but tinpot private bailiffs who have no more 'authority' than you or I.

 

PAY THE COUNCIL DIRECT, either in cash, by cheque or standing order (not by Direct Debit as they can unilaterally change the amount taken)

and IGNORE THE BAILIFFS.

 

ONE OTHER THING. If you ever write to a bailiff company, never sign the letter with your usual signature but type it or print it in block capitals -

just in case they should be tempted to forge a Walking Possession Order with, supposedly, your signature on it!

[scatz1972]

Firstly stop calling the bailiff, deal with everyone in writing, phone calls can be denied but recorded letters cant.

 

If the bailiff has never visited then the fees are ZERO.

 

In my previous post I put down the fees, its £24.50 for the 1st visit where no levy was made i.e your out and £18 for the second visit again where no levy was made i.e your out.

 

A bailiff can only charge for 2 visits. So long as you dont allow the bailiff in to levy then they can charge no more fees.

 

Be careful with Equita, I bet you they have already added the 2 fees despite never visitng = £42.50.

 

The council will always tell you to deal with the bailiffs, is this, this years council tax?

[Mumof21985]

Yea its 2008 £600 is the debt owed as it stated on our new council tax bill for this year. Equita have not once given us the amount owed.

 

If I were to pay the coucil in installments, how would I go about it. And also how would I let Equita/Baliff know?

 

I was under the impression the baliff is the ONLY person who could deal with any payments etc.

 

He cant see that bothered about our case as he fobbed us off enough.

 

Thanks everyone for your advice. Its much appreciated.

 

I bet the baliffs hate the thought of this site, its really calmed me down reading through posts. The baliffs are not as big and bad as they make out.

[scatz1972]

Yea its 2008 £600 is the debt owed as it stated on our new council tax bill for this year. Equita have not once given us the amount owed.

 

If I were to pay the coucil in installments, how would I go about it. And also how would I let Equita/Baliff know?

 

I was under the impression the baliff is the ONLY person who could deal with any payments etc.

 

He cant see that bothered about our case as he fobbed us off enough.

 

Thanks everyone for your advice. Its much appreciated.

 

I bet the baliffs hate the thought of this site, its really calmed me down reading through posts. The baliffs are not as big and bad as they make out.

 

 

The council cant refuse your payment, they say they can but they cant. The easiest way to force the council to take payments is to pay it online, remember to keep the reciepts.

 

Sit down and write a letter to the council (always send recorded), tell them that the bailiffs are being unreasonable and will not accept a payment plan. Tell them that the bailiffs have added £150 in fees despite never visiting your home. Inform them that you are aware of the fees that a bailff can charge under The Council Tax Administration & Enforcement (Amendment) 1993. Si 773 amended by Si 295 0f 1998, Si 768 of 2003 and Si 3395 of 2006. Tell them that due to this you are unwilling to deal with the bailiff company Enclose an income and expenditure sheet and make a reasonable offer to clear the arrears, and start paying online, dont wait for them to reply to you.

[ambershadow]

I have been there too and I wrote to the council with a decent repayment plan even though it was 10.00 per week, then I wrote to the bailiffs and told them

 

IT'S NOT AN OFFENCE NOT TO pay the bailiifs and they know it aswel but its an offence not to pay your council tax so pay them online direct as much as you can weekly or monthly as long as you do a repayment plan and send to them, But they will probably say pay the bailiffs but you don't have too

 

And don't let them in as suggested above, they will try anything they can to make you pay even lie through their back teeth

[Mumof21985]

Thank You so much everyone

 

I have just been online (Birmingham City Council) site and it gives the form to pay online, but how will they know its from a 'previous' year not this one? I am worried the payment will go towards this years council tax which I have a card for.

 

Sorry If I sound dim!

[scatz1972]

Thank You so much everyone

 

I have just been online (Birmingham City Council) site and it gives the form to pay online, but how will they know its from a 'previous' year not this one? I am worried the payment will go towards this years council tax which I have a card for.

 

Sorry If I sound dim!

 

Thats not dim, thats a very good point. Then perhaps as fairplay suggested pay them by cheque...but make sure that they are aware that it goes towards the correct year.

[Mumof21985]

Thanks everyone for your replies. Its nice to know there are people out there willing to help.

 

I will write a letter to council and equita, recorded delivery of course:)

 

If anyone else manages to have any advice not mentioned I would be very greatful

[ambershadow]

You can still pay online

in your letter state the payments being made are for the year of?

 

good luck

[Mumof21985]

Thanks for all the advice last week, sent the letters off this morning, recorded delivery.

 

Has anyone ever had any success from writing to them?

[chris600uk]

Oh yes...

I wouldn't do it any other way.

[laurajayne439]

i am having the same problem as you.

I have received 'Removal Notice' from Equita today. This is the first letter i have received regarding council tax from my previous address which i haven't lived at for over 5 months. I was claiming full housing benefit and council tax benefit as i am on JSA and was on JSA when i lived at my previous address, and wasn't aware that at any time that i lived at my previous address i was 'supposed' to pay council tax.

 

On the letter is states that if i wish to make a full payment (which it doesn't tell me how much is owed) than i have to ring them. If failing to do so the bailiffs will be round to my new address in two weeks to remove my goods

 

Is there any advice you can give me please?

Im going out my mind with worry

[hallowitch]

i am having the same problem as you.

I have received 'Removal Notice' from Equita today. This is the first letter i have received regarding council tax from my previous address which i haven't lived at for over 5 months. I was claiming full housing benefit and council tax benefit as i am on JSA and was on JSA when i lived at my previous address, and wasn't aware that at any time that i lived at my previous address i was 'supposed' to pay council tax.

 

On the letter is states that if i wish to make a full payment (which it doesn't tell me how much is owed) than i have to ring them. If failing to do so the bailiffs will be round to my new address in two weeks to remove my goods

 

Is there any advice you can give me please?

Im going out my mind with worry

 

welcome to CAG could you please start your own thread this will help us to help you use this link to start new thread

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168