Need help with dealing with Equita please

[Saintwyer]

Hi,

 

My partner and I fell behind on our council tax.

The debt was handed over to Equita Certicated Baififfs.

Unknown to me, they sent 3 letters to my partner stating she needed to pay our C.T. She ignored these.

The bailiff called to our home, he asked for my partner and I said she wasn't home. He left a folded piece of paper for her and left.

After he left I open it up to my horror I seen that he was a bailiff.

This was around 23rd Feb 09.

After a heated debate I got my parnter to phone him and tell him it would be paid direct to the council at the end of Feb.

Our outstanding council tax was £318. I paid this in full in the 1 stop shop.

 

We recieved another letter 4 weeks after paying the outstand debt saying we hadn't paid it and that Equita would call to our home to remove goods.

My partner called them and stated it had been paid.

To which they stated they know, they are billing us for their charges of £212.

 

None of the letters we received from them told us they would be added charges nor did the letter from the bailiff stat he would be adding charges.

 

Is this legal to do this? We paid the outstanding debt to the council at the end of Feb and we're still being threatening by this company.

The letter we recieved today states they are going to call to remove items to cover the outstanding council tax bill. It does not mention any charges yet again.

 

We are at a lose with this, any advise is greatly needed.

I am in fear of leaving my house unless I am collecting my daughter from school incase they call when she is with me.

[dx100uk]

there are set charges in relation to bailliffs and council tax collection.

what you are quoting seems high.

+ if you have paid the council direct, them the bailliff CANNOT use the warrant [old] to get their charges from you.

 

tell them to go away off & stop using that phone!

 

dx

[Saintwyer]

They haven't mentioned a warrent in any letter what so ever either.

Does that mean they don't have 1?

Surely they have to state that they are charging us? And give us a break down of the price of this charge?

 

If we continue to refuse to pay, what can happen?

[42man]

I'll move this thread to the bailiff forum, where you should get some more advice/comment

[chris600uk]

Unknown to me, they sent 3 letters to my partner stating she needed to pay our C.T. She ignored these.

 

I wouldn't give your partner a hard time over that, because unless you had enough money to pay off the liability order in full directly to the council there was very little that you could have done about those letters. Admittedly everybody in the household should have been made aware that bailiffs were involved and that you all needed to adopt some interesting habits: parking cars away from the house, keeping doors and windows locked, not opening the door to anyone unless you know them, before leaving the house checking that no one is lurking outside on foot or in a van, keeping the blinds drawn so no one can peek in and make lists.

 

The bailiff called to our home, he asked for my partner and I said she wasn't home. He left a folded piece of paper for her and left.

 

I take it that you didn't let him in.

 

After a heated debate I got my parnter to phone him and tell him it would be paid direct to the council at the end of Feb.

Our outstanding council tax was £318. I paid this in full in the 1 stop shop.

 

Brilliant! So how did you pay this? And did they accept it? If they did, then you did well.

Section 45 subsection 3, of the Council Tax (administration and enforcement) Regulations 1992, says that once you've paid the council in full the sum listed on the liability order, then the bailiffs have no business coming to your house because they have no legal power to chase any debt listed on that liability order -- because you paid it.

Sorry to sound a bit long winded, and you can read yourself here: The Council Tax (Administration and Enforcement) Regulations 1992

 

We recieved another letter 4 weeks after paying the outstand debt saying we hadn't paid it and that Equita would call to our home to remove goods.

My partner called them and stated it had been paid.

To which they stated they know, they are billing us for their charges of £212.

 

They know the law better than you do, but they hope that you don't know it at all -- they are just trying it on.

 

None of the letters we received from them told us they would be added charges nor did the letter from the bailiff stat he would be adding charges..

 

That's right! They wouldn't say that, because they don't have the right to say that.

 

Is this legal to do this?

 

Well they can ask! But that doesn't mean you have to pay them!

 

We paid the outstanding debt to the council at the end of Feb and we're still being threatening by this company.

The letter we recieved today states they are going to call to remove items to cover the outstanding council tax bill. It does not mention any charges yet again.

 

So, now you write back to them and explain what it says in regulation 45 subsection 3, quote it if you like, and tell them that they have no authority, to call at your house.

 

The letter we recieved today states they are going to call to remove items to cover the outstanding council tax bill. It does not mention any charges yet again..

 

They haven't been into your house, so they have no right of entry, the liability order has been satisfied, so they have no rights at all.

Bailiffs do not have the power to vary an order granted by the magistrates court (or any court for that matter), and once you've paid the sum listed on the liability order to the council (before any levy is made) then the matter is closed and there is no debt to pursue.

 

We are at a lose with this, any advise is greatly needed.

I am in fear of leaving my house unless I am collecting my daughter from school incase they call when she is with me.

 

If you write to them in the way that I have suggested, being polite but firm, they will realise that you now know your rights.

Any attempt to extort money from you at this point, based on what you have said, would probably be fraudulent.

When you write to them, personally I would e-mail it, make sure you send a copy to the council tax department, a separate copy to the head of revenues, a copy to your local councillor, and a copy to your local MP.

 

And if they turn up and try to hassle you, tell them to get stuffed, to leave in short jerky movements.

[Saintwyer]

Wow, thanks alot for the great response.

No I did not let him in, he didn't even say he was a bailiff.

 

In the 1 Stop Shop, I had to deal with a very rude woman. I told her what was happening and she said she didn't know how much I owed, I told her I wanted to clear it and she demanded the £318 to which I pulled out of my wallet and slapped down for her to pick up. She had all the info right in front of her.

 

I will get my wife to write the letter tonight and get it posted in the morning.

Should I phone the bailiff to instruct him of what we are doing and that he will not be able to threaten us for money that he can not claim we owe?

 

Once again, thanks.

[chris600uk]

Wow, thanks alot for the great response.

No I did not let him in, he didn't even say he was a bailiff.

 

Now you know why we check through the window first

 

In the 1 Stop Shop, I had to deal with a very rude woman. I told her what was happening and she said she didn't know how much I owed, I told her I wanted to clear it and she demanded the £318 to which I pulled out of my wallet and slapped down for her to pick up. She had all the info right in front of her.

 

It wasn't Park Road by any chance was it?

 

Should I phone the bailiff to instruct him of what we are doing and that he will not be able to threaten us for money that he can not claim we owe?

 

Absolutely not. E-mail him, don't phone, that way he can't complain that nobody informed him -- because the council certainly won't.

[Saintwyer]

It was in Bootle (Liverpool) the 1 Stop Shop.

We only have the Equita mail address & phone number.

the bailiff, we only have his mobile number, such a rude man to say the least.

[Saintwyer]

Just seen ur in Merseyside so ofc you know where Bootle is.

New Strand Office.

[Saintwyer]

I spoke to the bailiff today as we received yet another letter stating that he was going to remove goods to cover the unpaid debt.

 

As this annoyed me so much I phoned him to state that it had been paid.

He stated he knows and that they are chasing up costs.

I qouted him from Council Tax (administration and enforcement) Regulations 1992 Section 45 subsection 3 :

 

If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

 

I told him he can not take anything from our house without us letting him in or invited him in. I stated we will not be paying these costs.

 

He said to me that they are regualted by the council and that the council had not took the case back and therefore if we don't pay the costs we will have to pay more and more costs.

I informed him that he will never gain access to our home.

I also informed him we had taken advice with regards this matter and he replied

 

"I can see that"

 

Then hung up on me.

Have I made the matter worse by doing this?

What happens about them trying to chase up us paying their costs?

[chris600uk]

I

Have I made the matter worse by doing this?

 

No of course not.

 

The bailiff now knows that you know his rights, and will be less inclined to bash his head against a brick wall.

 

He is used to dealing with people who don't know their rights and even if they do, are too scared to demand them.

 

He now knows you are not one of those.

 

He may try again, but you have the law on your side, and he knows it.

 

Keep your resolve and don't give an inch - he wouldn't, so why should you!

[Saintwyer]

Thanks so much for ur advice and help.

If your out in town on Sat Night, I'll be more than happy to buy u a pint or 2. We;ll be in the Bar Bar from 2100, big group of us for my birthday.

 

Thanks again.

[chris600uk]

Just in case he comes back and tries this line again.

He said to me that they are regualted by the council and that the council had not took the case back and therefore if we don't pay the costs we will have to pay more and more costs.

 

It doesn't matter whether the council have "taken it back or not".

 

The Liability order is satisfied.

 

Any fees the bailiffs charged before a levy is made, is not part of the Liability Order and the bailiffs are not entitled to pursue them as bailiffs.

 

They could, if they wanted, invoice you for them and when challenged could make a Small Claim. However, that involves a high risk for the bailiff firm, because unless the bailiff has complied with the law, they may lose.

The costs would easily be more than the £24.50 or £42.50 that they are trying to collect. So they don't bother.

Plus, there is a high probability that their bailiffs have NOT complied with the law - in a small claim they have to provide evidence to support their claim - not easy in a Wild West environment.

[dx100uk]

job done!

 

dx