Equita - Advice please

[NN4]

I have a council tax debt of £385. I have paid Equita 1 payment of £75 and 1 of £51. I made April's payment direct to the council of £35 as I cannot afford £75 or £51 a month. Equita called at my home yesterday while I was at work but my son didn't let them in. They left a note to say they had called. I rang the guy up and told him I had made the payment to the council because I can't afford what Equita want me to pay. He said that it was discretionary as to whether they let me pay it off in installments because at the end of the day they are there to enforce and not to be debt collectors. He told me I have to pay them £85 a month now as it can only be cleared over 6 months because that's what the council set down. I asked how come I now owe £498 and he said it was because of visits. I told him that my son is at home for most of the day and that nobody had called and if they had each time my son popped out then they left no note. He said they didn't have to inform me that they had called. I've asked for a breakdown of charges to be sent to me. I said that they must have called frequently in the last couple of weeks as it is only 1 payment missing (which went to the council). This guys tone was aggresive. He said if I don't start paying Equita then they will be back with the van. I said he won't be coming in and he said I cannot stop him. I know that I can if he does not have a police officer present. I would much rather pay this debt back directly to the council. I worry now when I leave for work in case they go to my home and try to force entry.

Advice would be welcome.

 

Also I posted this earlier but I think I did it as a reply instead of a thread so apologies for repeating myself.

[TonyFedUp]

Bailiffs can only charge £24.50 for 1st visit and £18 for a second. Have they done a walking possession?

[hallowitch]

yes you can stop him he has no legal powers to enter your home even with the police a bailiff can only enter by peaceful means

if you invite him in

through an open window

unlocked door

 

please stop talking to him over the phone unless you can record the calls

if you have a car do not leave it on in the street park it away from your house

if you have a garden don't leave anything he can levy on even the garden spade will do a bailiff for a levy

as there is no levy the most the bailiff can charge you is £24.50 for1st visit £18 2nd visit

you don't have to pay the bailiff you can pay the council direct but the debt will stay with the bailiff until the council recall it

the bailiff acts as an agent for the council therefore they are responsible for the bailiffs actions

a call to the council and your M.P. regarding the bailiffs actions might get the debt sent back to the council

tell them what the bailiff said to you and that you are extremely worried as you work and if the bailiffs turn up at your house it will be your son who will be at home alone

tell them that there is no levy and the bailiff is trying to charge you more than he is allowed to charge

if you get no joy from council and you are worried about them coming when your son is in

 

send this letter to equita

 

please be advised i have today spoken to various organisations regarding my account with yourselves

i am now informing you in this recorded delivery letter i will not be inviting the bailiff into my home therefore he/she cannot gain peaceful entry i now know that you cannot get the police to help you gain peaceful entry as said by the bailiff

therefor the most that you can charge is £24.50 for 1st visit £18 for 2nd visit

i will pay xxx per week to clear this dept if this not acceptable please inform me in writing why and i will forward you comments to the council and make arrangements to pay them direct

a copy of this letter will be sent to the council and my M.P.

Edited May 21, 2009 by hallowitch

[GamekeeperToPoacher]

Hi NN4,

 

How old is your son? Less than 18? - Hmmm dodgy if a bailiff speaks with him also it is unlawful for your information to be given to anyone but yourself under the Data Protection Act.

 

I will also agree with Hallowitch that even with the police in attendance they are NOT permitted entry.

 

As a previous bailiff I can say that the only way that they can get police attendance is if you have threatened the bailiff with violence or (unofficially) if you are 'known' (you will know if you are).

 

The police are not a debt collecting service and are there only to prevent a breach of the peace so as long as you act reasonably ie non violently they have no chance. After all wouldn't the police be better off by pulling speeding motorists?

 

GK

 

Hallowitch - maybe I am in the trouble I am as you hexed me in the past??

[NN4]

Many thanks to all I am feeling better now about it and I will take your advice. The letter, as suggested by Hallowitch is in the post to Equita. I just don't understand why he was so aggresive. I wasn't refusing to pay just trying to make him understand that I couldn't afford the amount he wanted. Oh well, hopefully I won't hear anymore from him.