Equitas

[totti]

hi last november i paid a bailiff 500 pound to settle a council tax debt,the bailiff said he would arrange a payment plan to clear the rest of this debt,he never did and it was passed to another bailiff.I phoned the first bailiff and after telling him i was going to report him for excess fees charged he contacted EQUITAS and set up a payment plan of 50 pound a month,i have stuck to this and paid the money every month now they are saying ive defaulted due to not paying on the same day every month even though no dates were agreed !it has been passed to another bailiff and they want payment in full.today a letter was put through the door with a notice of seizure and inventory of goods on my wifes car even though they dont know it belongs to her! on this form it has a bailiffs cost of 130 pound i have informed him i am reporting him to northampton county court and i am sending a subject accass request to EQUITAS any advice ? many thx totti:-x

[hallowitch]

get in touch with the council they are responsible for the bailiffs actions as they work for the council as there agents

tell the council you have never missed a payment but they came today and levied the car ask them to sort it out if they don't or refuse tell them you will be getting in touch with your M.P. and you will subject access request equita and if there are any unlawful charges on your account you will be holding them jointly responsible and you will escalate your complaint to the local government ombudsman

 

 

 

subject access request

 

please provide with any/all information regarding my account for the collection of council tax for xxxxxxxxx council 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/externalmessages 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.

 

 

send them this

[totti]

i have tried this before but birmingham city council say they cant do anything once its been passed to equitas ?

[hallowitch]

contact your M.P.

did you phone the council or write to them

[totti]

i phoned them

[hallowitch]

no point phoning them write to them

in my opinion he wont come and try to take the car this was a way of him adding more charges on to your account

do you know how much in charges they added before this levy

[totti]

not sure but i must have paid them thousands over what i owed over the last 5 years now ive had enough and im willing to go all the way to put a stop to them

[hallowitch]

send the subject access request i posted

 

amend start with this

 

please provide me with any/all information regarding my accounts with equtia for the collection of council tax for Birmingham city council this is not an exhausted list by any means but gives you an idea of what i require

i am aware that i have had several account with you in the last 5/6 years i am now making you fully aware i expect all accounts past and present to be included

 

you can almost grantee there will be unlawful charges added to most if not all accounts

could be the best £10 you ever spend

when you get all the info back we will help you See if there are unlawful charges

Edited May 26, 2009 by hallowitch

[totti]

many thanks hallowitch i will let you know how i get on

[totti]

ive printed the letter enclosed a cheque and stamped addressed envelope should i send it to anyone in particular at equitas ?

[hallowitch]

send it recorded delivery you need proof that they received it if they have got anything to hide they are not going to want to send this info

post it to there normal address

for the attention of the manager

[tomtubby]

If the debt is in your name then the bailiff cannot levy against your wifes car. You must insist that the levy and ALL ASSOCIATED CHARGES are removed immediately.

 

You need to request a detailed breakdown of EACH YEARS account that you had with Equita but what is vitally important is that you need clarification from the local authority of the amount of the Liability Order passed to the bailiffs.

 

Always remember...(and you may wish to remind the council).....that the bailiff is an AGENT of the local authority and they are therefore WHOLLY RESPONSIBLE for all actions of the bailiff including the charges.

 

Finally, ask Equita for PROOF that they advised you that payment was required on a SPECIFIC day each month and proof also that you were advised of the consequences of late payment.

[bailiffbasher69]

hello just been reading this one sounds rather like my case maybe we should talk totti

[totti]

just got my subject access request back and cant make head nor tail of it i asked for the last six years details and theyve sent me the last two years.most of it is just rubbish stating ive made debit card payments of 7.50 ! dont know where to go from here ?

[hallowitch]

I'm not quite sure if this is correct but Ive been having look round the site for you and i think you have to write e-mail them and tell them that they have not compiled to the subject access request and the 40 days from receipt of your letter still stands if they do not comply you will take them to court to get the information and report them to the information commissioner

 

as i say not sure about how to word this or if I'm 100% correct

you could post the question in the legal section or general debt issues I'm sure someone there will tell you what to do next and how to word it

[scatz1972]

From the wiki thanks to Tomtubby, edit it to suit your needs.

 

Dear Sirs.

SUBJECT ACCESS REQUEST (S.7)

 

Re: (Enter you reference details.)

Thank you for your letter dated (insert date) the contents of which have been noted.

Unfortunately from your response it is clear that you have not complied with my Subject Access Request dated (insert date) a copy of which is enclosed. (enclose a copy).

As you are aware, I am entitled, by law, to a detailed breakdown of all of the costs that have been applied to my particular case. Your letter dated (insert date) merely states the amount of your charges; it does not provide a detailed breakdown of how those charges have accumulated.

In relation to my queries on the matter of the bailiff’s certificate, you have not confirmed details of the bailiff’s certificate. (enter details if necessary)

Accordingly, I wish to put your company on notice that: if I do not receive from you all of the information previously requested, by close of business on (insert a date for 7 days time), I will be left with no other alternative but to commence legal proceedings against you without any further reference to you, both in regards to your failure to comply with your statutory obligations under the Data Protection Act 1998, and for recovery of fees unlawfully charged to my particular case pursuant to………

(With regards to Parking Charge Notices): enter: (The Enforcement of Road Traffic Debts) (Certificated Bailiffs) (Amendment) (Regulations 2003).

(With regards Council Tax or Business Rates) enter (The Council Tax (Administration and Enforcement) (Amendment) (Regulations 2003)

Please note that, if you then produce in evidence, documentation which ought to have been disclosed to me by now, I will have no hesitation whatsoever in referring the Court to this letter as evidence of your serious default in this matter.

A copy of this letter is being sent to (insert name of local authority).

Yours Faithfully

[hallowitch]

i knew there had to be something i just couldn't find it embarrassed or what