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

[bailiffbasher69]

Very true that thx much will keep you posted

[bailiffbasher69]

Hi all can someone please advise is it possible to use a form 4 to complain about a bailiff firm rather than the individual baillifs that have applied these charges to my accounts as Equita is being rather slow in giving me there names thx guys

[bailiffbasher69]

bump

[bailiffbasher69]

is tomtubby around could do with some advise on the above

[tomtubby]

I have personally seen at lest 100 Form 4 Complaints and it is ALWAYS the case that I would advise taking any complaint direct to the Bailiff Company FIRST.

 

A Form 4 Complaint is serious..not least because the bailiff can very likely have his certificate revoked and this will lead to him being unemployed.

 

You have requested a lot of information which could very well DELAY Equita responding. All that you really need is a copy of the Screen Shot of your account as this will provide ALL of the information required.

 

You first wrote to Equita 2 weeks ago requesting information going back a few years and for this reason I would strongly suggest that wait a further 2 more weeks for them to response before sending the Form 4 Complaint to the Court, in particular because the Data Protection Act provides that the bailiff company have 40 days to provide the requested info.

 

On the question of whether you can make a Complaint about the company as opposed to the individual bailiff, by coincidence, I am aware of a Form 4 Complaint against a different company that is presently before the Court where the bailiff company are refusing to provide the identity of the bailiff and the Court has instructed the person making the complaint to send the Form 4 to them and that the Court will write to the bailiff company asking for the identify the bailiff. For obvious reasons.....the bailiff company tend to respond to the Court very quickly !!!

 

Finally, are you sure that your complaint should be sent to Redditch County Court I say this because the vast majority of Equita bailiff's are certificated through Northampton County Court?

[bailiffbasher69]

Hi tt thx for your reply and yes im sure its redditch as one of the bailiffs in question told me he was certificated at worcester county court i rang them to see if he was indeed certificated and the court told me to ring reditch as they now deal with worcester certificated baillifs finally i rang reditch and yes he is certificated

 

However the reason i ask about the form 4 complaint against the firm rather than the bailiff is because if you could see what K Fowler from Equita has sent me you would not believe your eyes none of what she has sent me in regards to my account tally up with an e-mail sent to me from another person in her office also some of the dates of so called first and second visits were on sundays and one was even a year before the liability order was sent out there are so many errors made on the documents sent to me i feel because these facts and figures are fabricated rather than fact im sure all they can do is fabricate more lies to cover there tracks i have sent in a subject access request with its fee and i then get a letter back saying we have recived your letter and will begin an investigation and get back to you in 14 days we will then supply the subject access request after this period this is what i mean by Equita are delaying all i want is my £908 in invalid levy fees enforcement fees and card charges not to mention a little something for all the work i have put in to recover these ilegal fees thx again tt any more advise i would be gratefull for as u da man lol

[bailiffbasher69]

oops erm or U D woman anyways any further advise thx

[bailiffbasher69]

Lo guys any one know who L.griffith is at Equita he/she is dealing with my complaint aparently

[bailiffbasher69]

Well a small update for you all i had a telephone chat today with a very nice man from the council not going to name him but quite high up on the c/t food chain god I wish I had a recorder he told me he was aware that Equita applied card fees to process payments to be fair tho he did not know it was illegal for them to do this well we shall see what happens next will keep you posted

[bailiffbasher69]

Guys can any one contact tt or if this is read by tt I could do with something to print off about card charges being not legal as in a paticular case hearing or something so as I may send it to the guy at the council I spoke 2 thx much

[letsmakeamark]

Guys can any one contact tt or if this is read by tt I could do with something to print off about card charges being not legal as in a paticular case hearing or something so as I may send it to the guy at the council I spoke 2 thx much

 

 

Quote the case and regulation that tt has given. If you really want to get shot of them do a subject access request on them.

[bailiffbasher69]

Yep did that now I need clarifacation on van fees see my other thread thx all

[hallowitch]

did you get your subject access request yet

[bailiffbasher69]

Nope not yet and I feel sure it wont be acurate anyway I feel it will only say what they want it to say think im in this for the long haul to be honest this is not going to be easy thanks for asking

[hallowitch]

by the way never seen a form 7

 

did the bailiff leave

 

notice of intention to seize goods with the car on it also called a walking possession agreement or form 7

 

did the bailiff check with the DVLA when you told him it was not your car that it was a lease car for your wifes work

 

if he didn't you want to know why not

if he said he did (and he says its your wifes car) you want to see the written conformation from the DVLA

Edited June 19, 2009 by hallowitch

[bailiffbasher69]

Nope never seen a form 7 until 2days ago when Equita sent me a "copy" of the one for the car oh and this had an inch of info blacked out across the bottom

[bailiffbasher69]

Hi guys just to keep every one posted as promised I have had my subject access request from Equita LOL well at least thats what Equita have called it its infact little more than a list of what I allready know from letters allready sent to me oh well I'll keep stabbing at them untill I see blood coming from the mighty beast that is Equita I have informed them that what they have sent is not good enough and by my calculation the 40 day dead line is up on this coming tuesday so geuss I'll just sit back and see what drops on the door mat I will keep every one here posted as any information given may indeed help another and I just want to say thanks to every one on here 2 or 3 in paticular they know who they are I dont think these guys realise how much they help and make things seem so much better for people like me and my wife so keep up the good work all will post again soon

[hallowitch]

i wonder why they blacked out the inch at the bottom

perhaps its the bailiffs name or charges on that bit

 

the question is why a walking possession agreement must have the bailiffs name and the charges on it

[bailiffbasher69]

that im not sure about but his name and the fees are still visable els where on it

[Guest Happy Contrails]

BB69, if you havnt fixed the problem then send the bailiffs this letter by post and by email, it doesnt need a tenner & usually clears up a case quickly enough.

 

The Omnipotent Bailiff Co, Plc

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your fees.

 

I write following visits by your bailiff however there appears to an irregularity with your fees and I am writing to ask you to provide me the following within seven (7) days:

 

1) The name of the court that issued the certificate for the bailiff in charge

 

2) Written confirmation of a) your fees, and b) the original debt

 

3) The name and address of the organisation that instructed you

 

4) a) Truthfully confirm in writing your fees are lawful and comply with legislation or b) refund me the unlawful fees plus reasonable compensation for being cheated by your certificated bailiff with his fees by midday the seventh day from the date of this letter.

 

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss therefore, if no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically file a complaint to police under the 2006 Fraud Act and the Proceeds of Crime Act 2002. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence. If your bailiff is certificated, a Form 4 will be filed.

 

This letter is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

 

The law prescribing bailiffs fees for collecting unpaid council tax is the Council Tax (Administration and Enforcement) Regulations 1992 and provides £24.00 for a first visit and £18.00 for a second visit if one is made. No other bailiff's fees can lawfully be charged if a bailiff has not moved your goods in a vehicle and you have not signed any document consenting to a levy or a walking possessions agreement (currently a flat rate of £10).

 

If the bailiff does not give a breakdown of his fees then he cannot show them to be "resonable costs" and you can reclaim them. The law does not provide for a bailiff to charge a fee to fix or remove a wheelclamp to a car or sending a tow truck or a van to an address. The law provides "reasonable costs" for attending an address with a view to transporting goods in a van, if no goods are transported in the van then the van fee is £0.00. Culligan -v- Marston Group Ltd et-al, no. 8CL51015 the court ruled that because the Bailiff produced no breakdown of his charges, he is unable to show that it is reasonable costs. Therefore, van fees, tow truck fees and attending to remove fees = £0.00. More

 

Phone the council, tell them their bailiff has been caught cheating with his fees and commits an offence under Section 2 and 4 of the Fraud Act 2006 and ask they take the council tax debt back into town hall administration. Remind the council they are liable for their bailiffs when they are caught defrauding a member of the public. If the council is uncooperative or vexatious then quickly contact the local government ombudsman.

 

Phone the bailiff on his mobile and tell him you are filing a Form 4 complaint against him for defrauding you with his fees. Ask him for the name of the court that issued his bailiffs certificate and quickly end the call. If the bailiff refuses to disclose it then phone the Ministry of Justice Public Register of Bailiffs on 020 3334 6355 and ask which court issued his certificate. Download the complaint form to make an official complaint against the bailiff http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf and send the form to the certificating court enclosing supporting evidence such as the bailiffs document showing the bailiffs fees he is trying to charge and any amounts paid.

[bailiffbasher69]

Thank you very much lots of very usefull info here for me to use however I think it may not help at this late stage as I am in all out war with Equita and I have told them that I will prove fruadulent activity over the conduct of my accounts held with them and that I will persue it as a criminal matter and they are now claming up and making it as hard for me as they can for me but thats ok I enjoy a challenge they have'nt even sent me the info I requested in my SAR they only sent me what they thought i needed or could understand (cheek) and they only have untill wednesday to do so I have prepaired my letter before action notice giving them a further 7 days and will send it this week I'll keep you all posted thanks very much again HC

[Guest Happy Contrails]

Filing a criminal complaint to police is the easy bit.

 

The Chief Constable

Name of Police Authority

Address 1

Address 2

Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: Reporting a crime committed under the Fraud Act 2006

 

I enclose a document given to me by a man saying he is a bailiff firm [and made a threat of intending to force entry my property without a warrant to commit breaking and entering and take goods unless I pay him £AMOUNT]. His is charging me fees of £AMOUNT when legislation says the maximum fee is £AMOUNT.

 

I write to you understanding the bailiff commits an offence 2006 Fraud Act. A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 1 of the 2006 Act contains the new general offence of fraud.

 

Section 1 means by which this offence can be committed is set out in Section 2, on fraud by false representation. This section applies where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss. It is also possible that, where a bailiff repeatedly charges for work that has not been done, this conduct will amount to fraudulent trading either under Section 9 of the 2006 Act or under the provisions on fraudulent trading in company legislation.

 

Please assign a crime reference number and I ask the police that this crime is investigated professionally and objectively and I am happy to help you in your enquiries and stand as a prosecution witness at trial.

 

Yours Sincerely

 

 

 

YOUR NAME

Enc: copy of document

 

You will probably be foobed off with excuses and police usually say bailiff crime is a civil matter, Be prepared to escalate your complaint to the IPCC then onto the Parliamentary Ombudsman. The police are not entitled to make a factual error in their interpretation of the Fraud Act and conceal a crime, that's an offence under Section 4 of the Criminal Law Act 1967 so make lots of noise with the IPCC and Parliamentary Ombudsman.

 

If you want to recover unlawful fees then you are best to claim them from the Authority that instructed the bailiffs, the authority is always liable for them if they are caught cheating with their fees. The authority settles its differences with its bailiffs afterwards - usually by suspending their contract.

[bailiffbasher69]

God damn this site is simply the best thanks so much for your advise if you have any more feel free to keep it coming lol I'll be useing what you have said in the coming battles in the war with Equita again thanks so much for your help its invaluble

[Guest Happy Contrails]

Is the applause directed to me? or this website?

 

If you want to have a giggle at the police and their civil matter argument, quote them this:

 

Lord Lucas sitting at the House of Lords on 20 April 2007 when he asked HM Government whether it would be right for the police to claim that such an action is a civil and not a criminal matter. The Minister of State, Home Office (Baroness Scotland of Asthal) replied with, inter-alia (quote - actual words) A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006(unquote).

 

That means its official - any bailiff who cheats with his fees commit a crime. You will need the bailiffs document to give in evidence of defrauding you, or attemprting to commit fraud.

[bailiffbasher69]

both and thanks all this will serve in the coming battles keep up the good fight guys