7?? Removal Notice from Equita today

[Belladonna602]

Hi,

I am sorry if I cover old ground here but have only just found this amazing site.

I was pestered by Equita about 12 months ago by them coming to my old house and insisting I either pay or they take. I was terrified as was my small daughter. Anyway, to make them go away I agreed an amount to pay. and have done so since , each month.

However, it woudl now seem that my previous local council have handed them the remains of my previous homes council tax, and they have now sent me 7 letters in one go threatening to to visit me and remove goods. (the should be so lucky, I don't have much). They say they have tried contacting me, but I ahve not heard from them till these letters. Also I phoned and paid the above said bill only this week, and asked when next payment was due, and nothing was said about these.

I am not refusing to pay, but just can't afford much at moment.

How do I keep these from taking my stuff and making mjy life hell???

[evancosmo]

Hi there Belladonna

 

Sorry to hear the scuzzers are making you feel so bad. First rule of CAG is to correspond only by post. No phone calls. If they are threatening a doorstep visit (a popular scare tactic) you'll find a template in the library which reminds them that they need to make an appointment to visit you at home & you don't want to make an appointment hence stay the hell away!

 

7 letters in 1 go sounds like they're harrassing you anyway. I'd be tempted to talk to trading standards & let your former council know what's happening.

[ambershadow]

If they haven't been into yo0ur home and you haven't signed a walk in order they can't take from you...

 

Pay the council direct and ignore tha bailiffs it's not against the law not to pay them and they know it too

 

Deal with the council

[Belladonna602]

If they haven't been into yo0ur home and you haven't signed a walk in order they can't take from you...

 

Pay the council direct and ignore tha bailiffs it's not against the law not to pay them and they know it too

 

Deal with the council

 

So your best advise is to phone the council in teh morning and tell them I am going to set up a paymet scheme with them and do not want to deal with the bailiffs?? What if like before they say they can't do this now as have passed it over to Bailiffs??

[Belladonna602]

Hi there Belladonna

 

Sorry to hear the scuzzers are making you feel so bad. First rule of CAG is to correspond only by post. No phone calls. If they are threatening a doorstep visit (a popular scare tactic) you'll find a template in the library which reminds them that they need to make an appointment to visit you at home & you don't want to make an appointment hence stay the hell away!

 

7 letters in 1 go sounds like they're harrassing you anyway. I'd be tempted to talk to trading standards & let your former council know what's happening.

 

Thank you..................

I will look for tempalte now and send direct in morning. Are you saying NOT to phone the bailiffs up??? What if they arrive before letter reaches them, or they say they did not get it???

The 7 letters all have same bailiff number on them but different ending which leads me to think that the amounts owing vary. However, noone has told me what these amounts are so how do I even know if I could afford to pay some?

[hallowitch]

you cannot send the bailiff a letter telling him not to call at your home unlike normal debt collectors a bailiff collecting council tax has a legal right to call at your home

the information bellow is taken from

the council tax (administration and enforcement) regulations 1992

 

 

A distress shall not be deemed unlawful on account of any defect or want of form in the liability order, and no person making a distress shall be deemed a trespasser on that account; and no person making a distress shall be deemed a trespasser from the beginning on account of any subsequent irregularity in making the distress, but a person sustaining special damage by reason of the subsequent irregularity may recover full satisfaction for the special damage (and no more) by proceedings in trespass or otherwise

[Belladonna602]

you cannot send the bailiff a letter telling him not to call at your home unlike normal debt collectors a bailiff collecting council tax has a legal right to call at your home

the information bellow is taken from

the council tax (administration and enforcement) regulations 1992

 

 

A distress shall not be deemed unlawful on account of any defect or want of form in the liability order, and no person making a distress shall be deemed a trespasser on that account; and no person making a distress shall be deemed a trespasser from the beginning on account of any subsequent irregularity in making the distress, but a person sustaining special damage by reason of the subsequent irregularity may recover full satisfaction for the special damage (and no more) by proceedings in trespass or otherwise

So would you suggest to phone Eauita tomorrow and see what these acyual bills cover, and see if I can pay some and make arrangements to pay off the rest??

 

I would hex them if I knew woudl nto get back 3fold lol

[Belladonna602]

So would you suggest to phone Eauita tomorrow and see what these acyual bills cover, and see if I can pay some and make arrangements to pay off the rest??

 

I would hex them if I knew woudl nto get back 3fold lol

 

Also am I still legally entitled to write to the asking to make an appointment or do I just sit and wait for their arrival?

[hallowitch]

no phone the council find out what liability orders were sent to the bailiff what date they were sent and how much money each liability order was for

work out how much charges the bailiff has added to each liability order

there are no charges for letters bailiffs can only charge for visits

£24.50 for 1st visit if no levy

£18 for 2nd visit if no levy

if the bailiff has done a levy for the liability order you are paying it does not cover the new liability order so the cannot use this to remove goods

 

if i have read correct

you are already paying the bailiff for 1 liability order so you cant change that

if you want to pay the council direct for 2nd liability order they cannot refuse payment but you will still have to pay the bailiffs visit charges if they have in fact done a visit if you go down this road the bailiff will try to levy on your goods this could be your car or garden furniture tools E C T left in your garden so keep your door locked garden empty and car away from the house

 

i would also complain to the council about the 7 letters in one day

 

P S i would have done a HEX on them a long time ago but knowing my luck i would defiantly get it back 3 fold

[hallowitch]

have the bailiff done a walking possession agreement on the account you are paying to them

 

have the 7 letters got an amount on them that they are trying to collect

[Belladonna602]

have the bailiff done a walking possession agreement on the account you are paying to them

 

have the 7 letters got an amount on them that they are trying to collect

 

No the letters have no amount on them. This is why I have no idea what amounts are owing. I could prob pay some back now.

No not a 'walking possession agreement' just letters saying ' that due to not being able to make contact with me (not true, I have had no contact)

that they request I contact them to confirm when would be convienient for them to call.................

and another one says' we refer to our previous letter in relation to our attendance at your home (they have never been here)........... we have re-scheduled our removal teams to be back next week. We\would prefer if you were in attendance when your goods are removed, etc, etc, we urge you to make contact.

 

However, this is first I knew of anyone from them trying to contact me. Even last week when I phoned and made usual monthly payment and asked if all ok and when next one due, nobody said 'oh by the way there are 7 other letters on tehir way to you'................

 

Great to have help. really appreciate it.

[Belladonna602]

no phone the council find out what liability orders were sent to the bailiff what date they were sent and how much money each liability order was for

work out how much charges the bailiff has added to each liability order

there are no charges for letters bailiffs can only charge for visits

£24.50 for 1st visit if no levy

£18 for 2nd visit if no levy

if the bailiff has done a levy for the liability order you are paying it does not cover the new liability order so the cannot use this to remove goods

 

if i have read correct

you are already paying the bailiff for 1 liability order so you cant change that

if you want to pay the council direct for 2nd liability order they cannot refuse payment but you will still have to pay the bailiffs visit charges if they have in fact done a visit if you go down this road the bailiff will try to levy on your goods this could be your car or garden furniture tools E C T left in your garden so keep your door locked garden empty and car away from the house

 

i would also complain to the council about the 7 letters in one day

 

P S i would have done a HEX on them a long time ago but knowing my luck i would defiantly get it back 3 fold

 

I am more than happy to pay council direct. But, when I went to see them to arrange a payment they said it was out of their hands as they had already passed it onto Equita

[hallowitch]

write a letter to the council hand deliver or send recorded delivery

include copy's of the 7 letters you have from the bailiff complain about the bailiffs actions remind the council that they are responsible for all bailiffs actions as the work for the council as there agents for the collection of council tax

 

 

We\would prefer if you were in attendance when your goods are removed, etc, etc, we urge you to make contact.

without a walking possession agreement the bailiff cannot remove good therefore this letter clearly shows that the bailiff is misrepresenting there power

 

below is taken from the national standards for enforcement agents 2002

Enforcement agents must not misrepresent their powers, qualifications, capacities, experience or abilities.

 

the bailiff should also give you a breakdown of amount owing including there charges this has not been done as they are threatening to remove goods for an undisclosed amount

also remind them that 7 letters in one day would be classed as harassment according to the office of fair trading debt collecting guide lines

in your letter tell the council you are already paying x amount to the bailiff for another account and all you can afford to pay is x amount of this bill

[Belladonna602]

write a letter to the council hand deliver or send recorded delivery

include copy's of the 7 letters you have from the bailiff complain about the bailiffs actions remind the council that they are responsible for all bailiffs actions as the work for the council as there agents for the collection of council tax

 

 

We\would prefer if you were in attendance when your goods are removed, etc, etc, we urge you to make contact.

without a walking possession agreement the bailiff cannot remove good therefore this letter clearly shows that the bailiff is misrepresenting there power

 

below is taken from the national standards for enforcement agents 2002

Enforcement agents must not misrepresent their powers, qualifications, capacities, experience or abilities.

 

the bailiff should also give you a breakdown of amount owing including there charges this has not been done as they are threatening to remove goods for an undisclosed amount

also remind them that 7 letters in one day would be classed as harassment according to the office of fair trading debt collecting guide lines

in your letter tell the council you are already paying x amount to the bailiff for another account and all you can afford to pay is x amount of this bill

 

Thank you...................

I was clearly meant to find a like minded person on here. Will do all this now and in morning and let you know how it goes.

 

Blessings

[hallowitch]

and find out from the council how much both the liability orders are for

 

write to the bailiff and ask for a breakdown of charges on both accounts

because the bailiff has no walking possession agreement on first account the charges should be £42.50

on the second account the charges should be Nil as there has been no visits

 

the council should be also be able to tell you how much charges have been added to each account however if you need no challenge the bailiffs fees then you will the info from the bailiffs

 

i would put money on the bailiff adding charges to the account you are paying that you know nothing about

[hallowitch]

are you a single parent family on a low income

[Belladonna602]

are you a single parent family on a low income

 

 

I am a widowed mum with young daughter and self employed on low income. I also getting working tax credit

[hallowitch]

I'm sorry to hear that i lost my first hubby when i was 32 and had a young family so i know how hard it can be

 

put it in your letter to council that you are a widow self employed with a young child on a low income

[lets fight bailiffs]

I am a widowed mum with young daughter and self employed on low income. I also getting working tax credit

 

 

you need to inform the bailiff company and the council of this as this makes the law a little more on your side in fact could help you a lot this should be the first thing you do.

[Belladonna602]

Ok, the council have finally replied with the amounts owing, but do not link up with any of the bailiff letters. The council also state that Equita have insisted I pay them and not the council. I kinda know what to write back but would appreciate any input form here.

Also still not recieved any answers from the letter I sent the bailiff along with complaint about their treatment to me and my lack of knowledge of how much I owe and a chance to arrange somekind of payment. They have however, sent me another 'Removal Notice' which ties up to one of the amounts I owe, trouble is I still do not know which one or how much.

Would you advise I rewrite to them or any suggsetions on other tactics?

[ambershadow]

You are not breaking the law here if you DON'T PAY THE BAILIFFS they know that too... if you pay the council direct

[Belladonna602]

You are not breaking the law here if you DON'T PAY THE BAILIFFS they know that too... if you pay the council direct

 

So how do I get the council to agree a payment setup and get my account back from the bailiff.

Its insane as I do have one-to-one with a person at the council and able to discuss the situation with him. However, all he keeps saying is they can't get my account back and I will ahve to deal with the bailiffs. Yet teh bailiffs won't talk to me!!

[lets fight bailiffs]

I would write back to the council and send them a coppy of both the bailiffs and there bills and ask how are you going to know what is correct and as far as paying them you need to remind them that the bailiff is working for them and you feel that eather thay or the bailiff company is is telling porkies and you wish to pay them direct and if not you are going to your MP and the independent ombudsmen

[lets fight bailiffs]

also look on your councils web site and see if you can pay online that way you can print it off and send it in with your letter even if its a part payment they can see that you are trying

[hallowitch]

lets go back to the start

 

Equita about 12 months ago by them coming to my old house and insisting I either pay or they take. I was terrified as was my small daughter. Anyway, to make them go away I agreed an amount to pay. and have done so since , each month when you made this agreement how was it done by letter e-mail phone at your front door in your house

 

confirm you have had no breakdown of charges from bailiff for this account

there is no walking possession agreement

the council have sent you the amount of the liability order they sent to the bailiff

 

2nd account same