I can't beleive this is happening!!!! EQUITA!!!

[Mumof21985]

I spent a whole month trying to sort out payment with a baliff equitta, sent letters and hurrah they were accepting a payment on apr 1st.

 

rang up........ passed to another baliff

 

GUTTED

 

Got a letter hand delivered today. Rang equita they wouldnt speak to me, snotty as usual. They transfered me staright to the baliff without me realising!!!

 

Apparantly we have until 8th MAY to find £600 what we owe plus £173??? (god knows where that came from)

 

He said the council have taken it back to court as we defaulted payment (we tried to pay no-one would speak to us as was with baliff)

 

Can anyone advise what I do?? I have 2 small children they have seen me in a right state all morning, I dont want them to see all this!!

 

They are acting like I never tried to sort it all, and demanding payment :confused:

 

Please can anyone help me on what to do???

 

ps.... not classed as vunerable, my partner works

Edited April 3, 2009 by Mumof21985

[Mumof21985]

do they have any access rights?? im so scared:(

[hallowitch]

have they ever been in your house and done a levy on your goods if they have not done this then they have no access rights

if the come to the door do not open it if you want to speak to them do it from an upstairs window if you have a car that is not on hp move it away from your home close your curtains so they cannot see what is in your home

someone with more knowledge than me will be along to help you soon

if there is no levy all they can charge you is for 2 visits they cannot charge you for letters £24.50 first visit £18 second visit

[ashmk]

If its for council tax and you can find the money then pay the council direct online and the bailiff action will end.

 

As far as I know if they have not gained access then no they cannot force there way in.

[Mumof21985]

thanks so much for replying, no they havn't come in my home. I won't let them

[ashmk]

But they can take your car. (Assuming its owned by you with no outstanding finaince)

[Mumof21985]

we have no car

[hallowitch]

did you get a letter from council saying that the the bailiff had returned the debt

did you get a letter from the council saying they have /are talking you back to court

remember a bailiff will say anything to get money out of you that why everything must be done in writing

you say you spent a month trying to sort it out with the bailiff

when was it passed to the bailiff

do you have it in writing that your payments start on 1st April

like most people on here i also would not deal with a bailiff and pay the council direct

[Mumof21985]

Sadly not in writing, equita said that they have noted the system, no letter about court again though. I wrote a letter beginning of march stating everything that had happened previously with the baliff, I kept a diary of every time I spoke to someone and wrote down everything I did and tried to do. Equita then had the case passed back to them from the baliff so I believe as we were getting letters we got before it was ever passed to a baliff.

 

Thats when the agreement of 1st April came about as I said thats when I would pay in the letter.

 

In the mean time it has been passed to another baliff, who is now demanding FULL payment in a months time

[andie_303]

hang on they said the council had taken in back to court because you defaulted?? bulls**t alert - the council would have no need to take this back to court as they woul dhave already had a liability order!

 

Have you contacted your council - I went nuts at my council about thier bailiffs treatening behaviour to a vulnerable person (i am a single parent with a disabled child) and the DCA told me they could care less about vulnerable status and that if I was a better mother I would pay my bills on time and not put myself or child in this situation - now you would normally think I would fly off the handle about this but thankfully I recorded that conversation and went and stood in the council offices and refused to leave until the head of revenues came down and listened to the tape - suffice to say the account was transferred back to the council pretty shapish and I am now paying the arrears at £15 a week.

 

Some councils are better than others and will take back without much of a fight - do you live in a labour constituency? If so most labour MP's are supporting a crackdown on DCA's and so a nice letter to your MP may put pressure on your council to take it back.

 

I will try and find you the best letter to send to the DCA and the council

[andie_303]

Send this one to the bailiffs with you filling in your details

 

re: YOUR ADDRESS

 

YOUR COUNCIL appears to have instructed you to recover unpaid council tax from me.

 

This letter gives you notice that you are not being given peaceful entry to my home or to levy goods contained within and I will not be signing anything for you. This notice revokes your eligibility to charge a Walking Possessions fee or other fee relating to the handling of goods.

 

Due to my circumstances I am unable to pay the debt as you demanded because it is unrealistic. I have sent an affordable payment direct to the council along with a written schedule of repayments.

 

Please be advised it is not a "criminal offence" for me to deny a bailiff entry to my property, the law says I have to settle the debt; it does not obligate me to do business with you. If you suggest to me otherwise I will automatically report you to the police and you may receive a criminal record.

 

I AM NOT REFUSING TO PAY THIS DEBT.

 

Meanwhile please provide me with a written breakdown of your fees you have demanded. If your fees are found to contradict Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992 I will automatically file a Form 4 complaint against you at your certificating court for attempting to defraud me under Sections 2 and 4 of the Fraud Act 2006.

 

This document was sent to you recorded delivery to the above address and a copy was sent to HEAD OF council tax Recovery Dept.

 

Please also supply me with a breakdown of the fee's you have charged me

 

I would also like you to note that I am a single parent of a young child and therefore qualify as vulnerable party status under the OFT guidelines. If you further disregard this by breaching these guidlelines I will vigourously pursue a complaint with the Office Of Fair Trading.

 

Yours Faithfully

 

 

 

 

AND THIS ONE obviously fill in your details to the council and enclose a payment plan that you can afford for the ct you owe

 

Re: your details

On DATE I was visited by your bailiff collecting unpaid council tax who overcharged me with his fees. We were unable to reach an amicable resolve and the bailiff showed threatening behaviour and became vexatious in nature. I also received a letter stating I should pay WHAT THEY ASKED YOU per month to clear the debt which is unrealistic with my present financial state.

 

I now ask the council to:

 

a) Take the case back from the bailiff.

b) Accept my original offer to pay £10.00 extra of what I pay already a week to clear the arrears

c) Pay me a reasonable compensation for my inconvenience and for my efforts in seeking discovery of information and

d) Receiving an over-zealous bailiff acting for you making unrealistic demands of money.

 

If you fail to satisfactorily complete the above I will automatically escalate the complaint to the Local Government Ombudsman in=2 0fourteen days from the date of this letter.

 

Due to my circumstances I am unable to pay the debt as demanded by the bailiffs and I will make payment of £10.00 each week for 249 weekly installments with a final installment of £9.80 This may seem a long time but it's all I can afford and allows me to pay future liabilities without falling into arrears. I confirm I am not refusing to pay this debt.

 

This letter is delivered by Royal Mail and I deem it to be served on you by the ordinary course of Recorded post in the meaning of Section 7 of the Interpretation Act 1978, Please pass this to the relevent person within your organisation.

 

The bailiff concerned is also aware of my vulnerable party status and has continued to breach these guidelines whilst they are acting as your agent.

 

Yours Faithfully

 

Just do your repayment plan send to council and Don't miss payment.

[hallowitch]

i take you have been in touch with the council and the refused to take it back

however there is nothing stopping you paying it direct to the council on line

have you checked that the liability order of £600 that was passed to the bailiffs is correct have you check with the council that you have been taken back to court (in my opinion they have not and it is the bailiff trying to frighten you ) the bailiffs chargers are defiantly wrong have they ever put anything hand delivered through your door or have they done it all over the phone or by post

[Mumof21985]

I really appreciate all your help thanks everyone

 

i take you have been in touch with the council and the refused to take it back YES

however there is nothing stopping you paying it direct to the council on line I SUGGESTED THAT IN MY LAST LETTER EQUITA SAID IT HAS TO BE TO THEM

have you checked that the liability order of £600 that was passed to the bailiffs is correct YES CORRECT have you check with the council that you have been taken back to court (in my opinion they have not and it is the bailiff trying to frighten you ) NO NOT AS YETthe bailiffs chargers are defiantly wrong have they ever put anything hand delivered through your door or have they done it all over the phone or by post LETTER VIA HAND THIS MORNING, NO KNOCK ON THE DOOR

[Mumof21985]

OK.so both letters to be sent, and pay council direct and don't let the baliff in. Is that everything? thanks so much

[Mumof21985]

would be greatful if someone can confirm that is all I need to do?

[andie_303]

Yes thats it - some councils say they can't take payment after the bailiffs have been called in - not true! Just keep paying them directly and ignore Equita all together.

[Mumof21985]

thank you

[hallowitch]

take it you got it sorted then

[Mumof21985]

not yet, just wanted to thank those with the advice

[Mumof21985]

UPDATE:

 

Letter sent to council, they recived it, I called, chased, called,chased told them about the baliffs sitting outside.

 

Reply: this was via an answer phone message. 'sorry cant do a lot its with the baliffs'

 

I called back and she wasnt available, I told the guy to make a note that I wasnt refusing to pay this debt, which he did etc....

 

He said there is nothing that can be done until baliffs pass it back. I offered payments,asked them to take it back, said I would report them, they did not care.

 

Its now been 3 weeks and STILL with baliffs, no more visits but its been passed now onto baliff number 3.

 

I am so annoyed that I have to watch my back coming into the house and looking for cars when I go out.

 

When will this get passed back to the council? Sick of feeling like a prisoner in my own home (my front door is straight into the living room, and you can blatenlty hear if tv etc is on) scared they will bank my door down.

 

What is the next step?

[ashmk]

This is not set in stone but im my experience the bailiffs tend to pass it back after failing to collect on the 3rd attempt.

[andie_303]

UPDATE:

 

Letter sent to council, they recived it, I called, chased, called,chased told them about the baliffs sitting outside.

 

Reply: this was via an answer phone message. 'sorry cant do a lot its with the baliffs'

 

I called back and she wasnt available, I told the guy to make a note that I wasnt refusing to pay this debt, which he did etc....

 

He said there is nothing that can be done until baliffs pass it back. I offered payments,asked them to take it back, said I would report them, they did not care.

 

Its now been 3 weeks and STILL with baliffs, no more visits but its been passed now onto baliff number 3.

 

I am so annoyed that I have to watch my back coming into the house and looking for cars when I go out.

 

When will this get passed back to the council? Sick of feeling like a prisoner in my own home (my front door is straight into the living room, and you can blatenlty hear if tv etc is on) scared they will bank my door down.

 

What is the next step?

 

The council do not have to wait for the bailiff to give it back they can TAKE it back of the bailiffs.

 

Your council ar just playing funny buggers - I wouldn't deal with any "monkey" go straight to the organ grinder ask to speak with head of revenues/coucil tax and don't ask DEMAND they take the file back from the bailiffs - they have every right and ability to do this - I know this because my council took mine back and wiped off all the bailiff fees (after they were played a recording of a nasty phone call with a MANAGER of the DCA!)

 

Have you started paying the council??

 

You need to start doing that ASAP and then whilst you are paying the council the DCA can really do sod all.

 

They will not bang your door down!! and who cares if he knows you're in?? you are perfectly within your right not to answer the door to ANYONE even if it's your neighbour asking to borrow some sugar (like when does that happen anyway??)

 

Start paying the council and let Equita swivel!!

[Mumof21985]

thanks for the advice andie, I really appreciate it. I will give it till the end of the week if not will be straight on the phone

[ambershadow]

I would stop worring about the Bailffs and pay the council direct whethere they like it not.

Its not against the law NOT to pay the bailiffs But if you Don't pay the council then that is an offence.

 

So ask the council what your liabilty order total is or was and pay them direct and try not to miss any payments.

 

Good Luck

[diddydicky]

im afraid some of the contents of your letter are not sound- also you cannot prevent the bailiff entering (peacefully) simply by writing and telling them that they are not welcome

 

the danger in summer or warmer weather is that you will be un guarded.

 

much better to write to the council again and INCLUDE your first payment and then KEEP the payments up whilst making sure the bailiff does not ente ( a chain on the door is a good idea so that there is no chance of entry )

 

basically the council can take the account back anytime they like HOWEVER the reason they are reluctant is because by teh time these things get to the bailiff people have usually reneged on umpteen chances to keep to an arrangment (sorry if that hurts but unless you understand the process and reasoning you cant deal with it properly)

 

showing the council that this time you mean business may well persuade them to take the debt back and manage it

 

it is always advisable at this stage to do so via CAB as this often gives credibiltiy to your offer