im sure equita have applied illegal charges to my C/T account

[bailiffbasher69]

Hello all im sure Equita have applied loads of illegal/unlawfull levy and enforcment fees to my accounts held with them since im sorry to say 2004 (cant seem to get the hang of paying on time) anyway im in the process of complaining have gotten loads of advice from just reading the forums here i sent an email and got a sketchy note back through the post no where near what i asked for so i sent a rather impresive letter at least i think it was asking for everything from bailiff names numbers etc to screen shots to a written statement saying all charges applied are done so within the law i even popped into the local Equita office to complain and to my suprise i found out that not every one employed there can really do there job i spoke to the young lady at the front desk and she didnt have a clue couldnt tell me when a levy can be applied couldnt tell me the first and second visit fee (i could tell she was trying to google it from the pc next to her damn those multitaskers)anyway i asked how levy fees and enforcement fees can be appllied when no bailiff had ever enterd my home she had a look at the pc and said (with a smurk) do you drive i repllied (with a biger smurk) yes i do its a lovely silver astra only 2 years old but its not mine or my wifes its a lease car through my wifes employer so she may do her job (comunity nurse type of thing) oh she says this needs to be looked at then ill get on to it she says and ill send you an itemised statement of account this was all on a friday i spent the weekend gathering evidence to send my letter both to my local office and Equita head office finished it late sunday dropped it in the post monday afternoon and then get this i had a letter from Karen Fowler head of complaints at head office and a letter from my local office with two sets of completly differant charge amounts some of the charges were even applied on a sunday (thought bailiffs couldnt call on sunday) nevermind im now waiting for the reply from karen fowler to my rather impresive letter i have rang trying to speak with her im told she only works afternoons so i ring in the afternoon to be told she only works in the morning then to be told just a few mornings a week i rang the bailiff dealing with my case he says he can no longer speak to me as he has been told not to by his boss im feeling quite smug by now i think i have them on the hop however its quite obviouse to me from the sketchy notes i have been sent that all these charges are illegal guys in all honesty can some one tell me how likely it is ill get them back oh and im sorry for the long story

[hallowitch]

send a subject access request to them this cost £10 but must give you everything they have on you if you have unlawful charges they must give you them back if they don't you can take the bailiff to court

P.S. well done

[hallowitch]

send them this then sit back and let the fun begin

 

 

 

subject access request

 

 

please provide with any/all information regarding my accounts for the

collection of council tax for xxxxxxxxx council for the years 2004 through till 2009 this is not an exhausted list by any means but gives you an idea of what i require

i have enclosed the maximum statuary fee of £10 this cheque is to be used only for this purpose if you cannot/will not supply me with the information i have requested please return my cheque including the reason you cannot/will not supply this information

 

 

1. Computer screen shot relating to the conduct of my account

2. Computer screen shot relating to transactions that have gone through my account

3. Internal/external messages or notes relating to the conduct of my account

4. Internal /external messages or notes relating to transactions that have gone through my account

5. Recordings of any telephone conversations, whether internal or external, relating to my account

6. Copies of any e-mail's, or other electronic communications, whether internal or external, relating my account

7. Copies of letters relating to my account

8. All information relating to litigation that has taken place on my account

9. A detailed statement of account showing a breakdown of all costs charged, showing in each case the reason for the cost and the actual cost against that item

10. Copies of all reviews conducted relating to my account

11. For any cost which relates to an attendance fee, kindly state the date and precise time of the attendance and the name of the certificated bailiff making each attendance with the name of the county court where the bailiff obtained his or her certificate

12. copy's of Levy's added to my account the time date bailiffs name and the county court where the bailiff was certificated who added this levy

13. Copies of all relevant paperwork created as a result of any and all visits ever made to me along with details of the results of each visit

14. Copies of any and all documentation issued to me or left at my property after each visit was made including details of the date and precise time of the visit and the charges incurred; this must include the name of the bailiffs who attended and the count where he was certificated

I trust that the above is clear and should you be in any doubt as to your obligations you should consult your legal team

any unlawful charges added to my account will result in a form 4 complaint to the court

and an official complaint to the council which i will escalate to the local government ombudsman if i feel the council have not acted with due diligence to resolve this

A copy of this letter will be sent to xxxxxxxxx council and my M.P.

As detailed above, I have enclosed the statutory maximum fee of £10.

You have 40 days in which to comply.

[bailiffbasher69]

Thanks guys thats more or less what i sent but i did not enclose £10 fee i did mention subject access request but did not head the letter as that as far as i can tell from the people i have spoken to at Equita head office and my local office they are going to send me all the information i asked for in my letter i asked for everything in hallowitch's reply plus a bit extra now im thinking they may just give me the run around with out the £10 fee by the way can a bailiff call on a Sunday i know they have not as im allways home Sundays i think karen fowler was just pickind dates out of the air applying a fee to it from as far back as 2004 with out looking at a calender and then sent it to me Thanks guys

[bailiffbasher69]

ps would you like me to post the letter however it is quite long

[hallowitch]

no they cant call on a Sunday bailiff will lose is licence for that

 

just a thought here send subject access request to the council as i believe any action on behalf of the council by the bailiff is sent to the council

it would interesting to see if there is a difference between what the bailiff sends and what the council send you

[hallowitch]

yes post letter it may help others and throw up something else to add to the above subject access request

[bailiffbasher69]

ok cool good plan ill do that over the weekend by the way i allso wrote in my letter that if and when i find what i believe to be illegal/unlawfull charges on my accounts i would make copys of all documentation and seek and copy the relavent laws i believe to be broken and drop a copy in at my local police station to be persued as a criminal matter i think thats what has them rilled

[bailiffbasher69]

ok ill post it up gimme 5

[bailiffbasher69]

Please see attached a copy of an E-mail sent to yourselves on the 8th of May 2009 this E-mail clearly states that I am formerly requesting a full and complete statement of account for accounts held with yourselves for unpaid council tax from Birmingham City Council liability order numbers 4xxxxx issued on xx/x/07 for an amount of £xxxxx plus costs of £xx also number 4xxxxx issued on xx/x/08 for an amount of £xxxxx plus costs of £xx I also made it clear that I am fully aware of the law and am aware of the charges a bailiff may make in respect of costs incurred when dealing with a council tax dept . Please now look at your records or see the attached copy and read the reply that was sent to myself through the post as you can see the reply I was sent is wholly inadequate and I could even consider this reply an insult to my intelligence and if reading the figures quoted on this sketchy note that was sent to me and I quote Levy Fees £85.50 Enforcement Fees £130.00 for liability order number 4xxxxx and Levy Fees £99.50 for liability order number 4xxxxx is in fact the fees that have been applied to my accounts I consider this again an insult to my intelligence.

I stated in my original E-mail that I was fully aware of the law and my rights around unpaid council tax and any charges that may be applied £24.50 for a first visit by a bailiff where entry to the premises is not gained and £18.00 for the second visit where entry to the premises is not gained any subsequent visits where entry is not gained is not chargeable may I add no bailiff has EVER entered my home and never will. Once again I am fully aware of the laws surrounding peaceful entry also may I bring your attention to any vehicles parked outside my home namely a silver Vauxhall Astra reg number Bxx7 xxx does not belong to myself or my wife but is in fact a vehicle leased to my wife from Appleyard auto lease subcontracted through my wife's employer Birmingham East North Primary Care Trust (NHS) and is required for my wife to go about her normal daily business to do her job please see the copy of attached documentation to prove this however if Equita Bailiffs LTD had done their job correctly in the first place they would have known this from a simple DVLA search.

Now that my suspicions have been aroused regarding charges applied to my accounts held with Equita Bailiffs I now formally request the following a complete and detailed statement of account for any and all accounts held with Equita Bailiffs this is to include any settled and unsettled account held by Equita Bailiffs since 1/1/04 please see the list of liability order numbers as supplied by Birmingham City Council [/font]

Cont......

 

 

 

liability order number xxxxxx issued xx/xx/xx amount £xxx plus £xx costs

liability order number xxxxxxx issued 22/06/05 amount £xxx.xx plus £xx costs

liability order number xxxxx issued x/xx/xx amount £xxx.xx plus £xx costs liability order number xxxxxx issued xx/xx/xx amount £xxxx.xx plus £xx costs

liability order number xxxxxx issued xx/xx/xx amount £xxxx.xx plus £xx costs

Any itemised statement of account sent to me regarding the afore mentioned accounts MUST include the following.

Dates and if possible times any bailiff visited my home address and also the name of that bailiff with his certified bailiffs number. (as issued by a county court)

A detailed breakdown of any and all payments received by Equita Bailiffs from myself or from any other person acting on my behalf this MUST include dates amounts and method of payment.

A detailed and comprehensive breakdown of all and any payment made to Birmingham City Council on behalf of myself by Equita Bailiffs in regards to the afore mentioned accounts this MUST include dates and amounts.

A detailed and DESCRPTIVE list of any and all charges applied by Equita Bailiffs or any outside body acting on your behalf to any and all accounts regarding the afore mentioned accounts this MUST include dates and if possible times the charges were applied also this MUST include the amount of the charges and EXACTLY what the charge was applied for this MUST include the name and certified number of the bailiff (as issued by a county court) who is applying that particular charge

Also please provide written confirmation your fees for whatever the total amount may be from 12/01/04 to present day are truthfully compliant with Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992.

Also be aware I am formally requesting SCREEN SHOTS of all computerised pages held on my accounts so as I may verify what is indeed being sent to me in the itemised statement of account I am again fully aware that I am entitled to such information by law no matter how much work is involved on your behalf please do not insult my intelligence any further I understand the law around Subject Access Request pursuant to section 7 of The Data Protection Act.

Cont....

 

Also please be aware I am formally requesting a copy of any and all paperwork held in my file in regards to any and all of the afore mentioned accounts this MUST include copies of any levy or walking possession agreements that I may have signed as I am 100% sure no document has ever been signed by myself or any person acting on my behalf.

Please remember all of this information is required within 14 days under statute as this information was requested on the 08/05/09 and not adequately supplied. Equita Bailiffs has less than 7 days to supply the requested information however as a gesture of good will I will allow 14 days from the receipt of this letter before I consider any further action you should also be aware if and when I find what I believe to be unlawful and or illegal charges on my accounts held with Equita Bailiffs I will be applying reasonable costs and charges in recovering the afore mentioned charges applied.

Also be aware that on receipt of the afore mentioned itemised statement of account if I find what I believe to be illegal and or unlawful charges I will be making copies of all documentation and seeking and copying the laws I believe to have been broken. All documentation will then be handed in at my local police station to be perused as a criminal matter also copies will be forwarded to my local councillor and Birmingham City Council as a recent test case has ruled Local council Authorities are indeed accountable for the actions of their contracted agents. (Bailiffs)

Please be aware a copy of this letter and all of its corresponding documents also a copy of the original E-mail along with its reply from Equita Bailiffs have been forwarded to Equita bailiffs Northampton head office and to Birmingham City Council so as it may be retained in my file held by them I hope the above meets with your approval and is dealt with in a speedy and timely manner.

Yours sincerely.

 

Mr xxxxx xxxxxx

Edited May 23, 2009 by bailiffbasher69

[bailiffbasher69]

oops sorry not worked out how i thought from copy n paste

Edited May 23, 2009 by bailiffbasher69

[hallowitch]

good letter i cant wait to see the reply you get to this

remember there is no such thing as an enforcement fee

and there should be no V.A.T. added to your account

any levy must be on a form 7 for it to be lawful and a copy should be hand delivered at the time of the levy

good luck (watching with interest)

[bailiffbasher69]

thanks much ill keep every one informed on this oh and thank god for the edit option the letter you see is now fixed (i hope)

[bailiffbasher69]

by the way never seen a form 7

[bailiffbasher69]

Guys can any one advise if card charges are legal when paying a bailiff for council tax im sure i have read somewhere that it is not but cant find it

thx all

[hallowitch]

there is a court case posted on here somewhere by tomtubby and the judge said the charges were unlawful

[bailiffbasher69]

Any one here know where its posted id love to read it

[BlurredFX]

Lovin'this thread.

 

Incresingly I am realising that the Bailliffs do have certain powers, but as long as they don't get access to your house or car, then the ball is still in your park. But I am not through this yet, so will keep on with the research but don'tbe afraid to look at my other threads if you get a chance.

 

Enjoy the weather!

 

FX

[bailiffbasher69]

ok as promised an update after sending the above letter i get a letter back on thursday asking for a £10 fee for my subject access request so i have printed the one hallowitch has done put a couple of other things on it and will post it registerd post monday have allso included a copy of the form 4 i will send to redditch conty court to complain about £130 enforcment fee applied the day before i was due to make an agreed payment to the apointed bailiff and indeed i did pay him as agreed i have warned Equita that the 14 days that i allowed in my original letter will have passed by the time they get my subject access request.

I have told them that I will give them just 3 more days to contact me before i post it on thursday I will allso ring the bailiff in question on tuesday to inform him that I intend to complain about him ill keep you posted

[bailiffbasher69]

Right rang my MP's office today i have an opointment to see him saturday how exciteing is that will give him a big fat envelope of stuff from me n equita lol

[hallowitch]

good for you

[bailiffbasher69]

Hi all you will not believe this im just making coppies of all the stuff to send with my form 4 and i sudenly notice that not only are 4 of the visits they say they have made since 04 are on Sundays but get this 2 of them are 1 YEAR before the liability order was made how mad is that lol

[BlurredFX]

No way! Absolute **** bags! Watchin this one!

[bailiffbasher69]

Guys when i do finaly get my screen shots can they be tamperd with in any way so as to make it look how they want me to see it (if you see what i mean)

[spamheed]

it isn't beyond the realms of possibility to have a screenshot "edited" for the purpose of "security" or whatever other reason they could come up with.

 

Since you actually have proof of their wrongdoings (visiting on a Sunday and before LO actually issued??), any other tampering or misdeeds will only reinforce your case further, at the very least you will display their complete incompetence and hopefully a lot more