Equita bailifs - a bit of help please

[nickismee80]

Hello

 

I have had a bailif from equita knock at my door today, i didn't answer but he saw my kids at the window so knew we were in. He dropped a letter through our door stating he was there today "with the intention of removing our goods"

 

What a nice man!!

 

Anyways, my main question is about the amount of money he is asking for. There are 3 hand written amounts which i thought were quite a lot so i have just been on to the council to get the exact amounts

 

The council have stated the following amounts..

 

£165.33 (bailif wants £407.83, so £242.50 charges)

£734.32 (bailif wants£973.40, so £239.08 charges)

£318.54 and £24.08 (bailif wants £553.04, so £210.42 charges).

 

I think the bailif charges are a bit well, taking the p*ss to be honest... The bailif hasn't entered the house, i havent spoken to him, and i know he didn't turn up in a white van as i have photographic evidence, so how can he justify these charges??

 

Also, i have an agreement with the council to pay off x amount each week. Whenever i ring equita to make the payments they state the account is now with the bailif and cannot accept payments from me. The council have said i need to pay equita, so cannot pay the council direct..

 

Im at a loss what to do next,

 

many thanks in advance for your help.

[TonyFedUp]

His charges are illegal, bailiff charges for council tax are 24 for the 1st visit and 18 for the second. Ask the bailiff office for a breakdown of their fees and give them a chance to make an adjustment to £42 total, if they don't file a form 4 complaint against them. Tell your council that the bailiffs are breaking the law on their behalf and that you require the council to take the debt back from the bailiffs. Never let them enter your house.

[tomtubby]

From looking at the amount that you have stated it would appear that the bailiff was attempting to charge an "enforcement fee" to each account.

 

In the first place, bailiff cannot charge multiple charges were enforcing more than one liability order at the same visit.

 

 

In addition, an "enforcement fee" is really another description for an "attending to remove fee". However, for this charge to be applied, the bailiff must have previously levied upon goods, and these should be recorded on either a walking possession ( if he had managed to gain entry peaceful entry into the property) or a Notice of Seizure of Goods and Inventory in the event that he may have levied upon a possession outside the property, normally a motor vehicle.

 

It must be very clearly remembered, that the bailiff is acting as an agent of the local authority and as such the relevant local authority is wholly responsible for all of the actions of a bailiff to include any charges that he has made. For this reason, it is the responsibility of the local authority to make sure that the fees are correct. I would suggest that you immediately contact the local authority to make them aware of this and ask at this account is put on hold until such time as the matter had been fully investigated.

[nickismee80]

thank you for your responses...

 

I have called equita and spoke to someone who sounded like he was really bored and not interested in what i was saying. I have been told to put everything i asked him in writing, which i shall do today.

 

On to the council now, this could be fun.

[nickismee80]

Now the council.. they have said the charges sound reasonable (im sorry, but over £200 per account is NOT reasonable), they are holding no responsibility for equita, stating equita is a seperate company and any complaints need to go through them. The council will not take the account back or put it on hold due to "fee's".. im back to where i started!!!

 

I shall be writing a letter of complaint to the council also.

[FairPlay77]

Now the council.. they have said the charges sound reasonable (im sorry, but over £200 per account is NOT reasonable), they are holding no responsibility for equita, stating equita is a seperate company and any complaints need to go through them. The council will not take the account back or put it on hold due to "fee's".. im back to where i started!!!

 

I shall be writing a letter of complaint to the council also.

 

 

Write to the the council stating that the legal charges are £42.50 (i.e. £24.50 for the first bailiff visit and £18 for the second) and that as long as the bailiff has not been able to levy on your goods it is ILLEGAL to add on extra charges no matter how many times the bailiffs might return to your premises or otherwise demand payment. Point out that you are the victim of an ATTEMPTED FRAUD undertaken by an agent of the council, for whom they cannot disclaim legal responsiblilty.

 

Copy your letter to your local councillor and tell the Town Hall jobsworths that you are doing so.

 

INSIST, in view of the obviously illegal behaviour of the bailiffs, that the council take back the account and go on INSISTING until they do what you ask. Even if they refuse, make all payments to the council anyway as they cannot refuse to take your money.

 

IGNORE the bailiffs. They are beneath contempt and should be treated with the same consideration as any other low-down fraudster.

[GamekeeperToPoacher]

I would also copy to my MP

 

GK

[nickismee80]

The bailiff had NEVER been in to the house. He has been twice, first time i was still in bed (7.20am) and the second time was today, and i never answered the door.

 

I have been on the phone to him, which was probably a mistake, but i did have a lot of fun. I basically said i would like the break down of the charges, he didnt have the my file to hand.. i then mentioned i think the fee's he has added are illegal and i will be obtaining a form 4.. to which he didnt take to kindly to, i know i have a short fuse but wow, this man beats my record. Up his ar*e to threatening me within a flick of a switch.

 

Anyways, i shall be sending a SAR request (is this still £1 or has it gone up??) to equita on monday, recorded delivery.. how long will i need to give them to send the breakdown to me, and if they dont send it, what do i do next???

 

Once i have the breakdown and it shows illegal charges, then i can take this further with regards of complaining to the council, MP, equita etc.. or even taking him to court with a form 4... yes, i have spend half my day swatting up on how to complain about a bailiff..

[lisadp1970]

Good, everyone should complain about them all and all the time, clog up the courts with it, maybe they will get around to disbanding this outdated method of debt collection eventually. Fully licensed bullying and burgulary in my opinion, whatever happened to an Englishmans home is his castle?

[GamekeeperToPoacher]

Lisa?

 

What about when YOU are owed the money?

 

GK

 

And if you still feel the same - can I borrow £5k thanks

Edited May 1, 2009 by GamekeeperToPoacher
Addition

[lisadp1970]

GtoP I think you will find that the majority of cases are for council tax with people that are genuinely skint, there are other ways.

Bailiffs are outdated and unneccessary in todays society. Court wants to get money off someone? Attachment of earnings, deductions from benefits etc... Bailiffs are just legalised thieves helping themselves to unjust and often illegal fees.

[GamekeeperToPoacher]

Sorry to disillusion you Lisa,

 

I was a bailiff for a number of years and I found that the majority of the genuinely poor people were honest and would make every effort to pay what they owed. I treated everyone with respect until they proved that they did not merit it.

 

I am concerned that you are totally biased and stereotype people.

Clearly you are blonde! Now would you accept that sweeping statement. Of course you wouldn't as I would not make it!

Note to CAGbot I was offering that phrase to make a point.

 

In my case I ended up squatting due in part to the fact that I was/am owed money by a couple that live on 120 acres and the bailiffs can't collect.

 

I am still on the bones of my backside and they live in comfort so yes I am biased and if they were to permit stronger action than a bailiff in this case I would be going for it. These are won't pays not can't pays.

 

GK

[lisadp1970]

So you think that because you are owed money that baliffs should be able to rob people blind? Look at these forums, full of people that are getting charged fees that are unwarranted and illegal. I am sorry that you are owed money but I am talking about large corporations like Councils and banks.

[GamekeeperToPoacher]

I am sorry Lisa and this is my final comment on this but you are tarring all bailiffs with the same brush and if you look carefully I think you will find that I am the one that has been robbed blind!!

 

Nickisme - Please accept my apologies for hijacking your thread.

 

GK

[lisadp1970]

Not at all tarring them just saying that there are other ways, ways to protect people from bullies and feeling threatening in their own homes.

 

I wish you luck, have you taken them back to court for questioning as to their means and failure to pay?

[lets fight bailiffs]

g.p i dont think all baliffs are bad but what you have to understand is that most peaple like me are on this site because of over charge of fees and all the rest of the sh-t that it is fair to say most bailiffs are involved in like legal [problem] of fees, i understand they have a job to do but should be done within the law, as i see it the ones who do make there own law are no better than non payers in fact are worse because they are commiting fraud and that my friend is a crime where as non payers in most cases is not.

we all have a job to do, but we should all work within the law.