Please help - Equita Bailiff's want my husbands car

[joans66]

Hi all,

 

Very new here and I'm desperate!

 

I had a Equita bailiff call today (i wasn't in) and they posted a 'Notice to remove goods in 24hrs' notice through the door and also a green form listing property they intend to take.

 

On that list was my husbands car, the car is solely in his name.

 

I fully intend to repay the debt to the best of my finances allow but I'n scared they are going to take my husbands car.

 

Can they take it?

[adammc]

Hi I'm a newbie (today as well).

 

Someone will be along to help you out soon enough.

 

Take a look at the thread levvy through the letterbox found near the top after clicking the new threads button and hopefully that should put you at ease somewhat.

 

Adam.

[seanamarts]

You really need to give a little more detail to this so that some one can assist you. what was the debt for and how much is it for.

A break down of what the bailiffs are asking for would also be a help too

[joans66]

Hi, sorry for the lack of detail.

 

The debt is for council tax in my name (my maiden name before we got married)

 

The 'green form' doesn't give a break down of the debt it just say 'total amount £1813'

 

I've read the stickies and I know that I don't have to let them in but I'm very worried if they take my husbands car.

 

It's not worth anywhere near the amount they are asking for but it's our only means of transport.

[andie_303]

No they can't take your husbands car in his name for a debt in your sole name

[andie_303]

you need to write to Equita with a copy of the finance agreement or receipt for the car showing it to be in your husbands name and demand they remove charges for an invalid levy against good that are not yours.

 

Then ask for a breakdown of the council tax and charges they may have put on with a breakdown of what the charges are for.

[joans66]

No they can't take your husbands car in his name for a debt in your sole name

 

 

That is good to know.

 

 

Reading through ther posts here, it seems that bailiffs like to do what they please anyway regardsless if they are allowed to or not.

 

Do I have the right to call the police if they attempt to take the car or clamp it?

[seanamarts]

do you know how much the debt was before it went to the bailiff company, I think I am not sure whether they can levy on your husbands car or not, because the debt was before you were married, but they should of done a check to see what name the car was under before they placed a levy on it they surely would of seen that the name was different so technically shouldnt of, if you get what I mean. All I can suggest at the moment and to keep your car safe is to hide it from view until something is sorted and you can get a payment plan with them agreed on.. What ever you do DO NOT let them in, if you have to talk to them do it through the letter box or an upstairs window.

[ambershadow]

They can't take his car But they will try you need to sort this asap

 

Please write a repayment plan and send to the council direct with a payment if you can and you must stick to this agreement,

 

 

If you call the police they will probably assist the Bailiff if you read the threads here that's normally what happens as they know nothing about civil law

[seanamarts]

That is good to know.

 

 

Reading through ther posts here, it seems that bailiffs like to do what they please anyway regardsless if they are allowed to or not.

 

Do I have the right to call the police if they attempt to take the car or clamp it?

In cases like this the police are more than likely to assist the bailiff rightly or wrongly

[joans66]

Hi people, just check with the sticky for certificated bailiffs and it appear the chap who called isn't listed, by his name or Equita.

 

Is the the online link up to date?

 

If so does this mean the chap isn't certificated and can't do jack?

 

Many thanks for all your help so far

[hallowitch]

the online link was only posted a few days ago and should be up to date

i would however phone Ministry of Justice Public Register of Bailiffs on 020 3334 6355 to confirm that he was not certificated in the last few days

if he is not certificated then he is not a bailiff and cant do jack

i would also ask who you put you complaint to about Equita using people that are not bailiffs

[Belladonna602]

Hi all,

 

Very new here and I'm desperate!

 

I had a Equita bailiff call today (i wasn't in) and they posted a 'Notice to remove goods in 24hrs' notice through the door and also a green form listing property they intend to take.

 

On that list was my husbands car, the car is solely in his name.

 

I fully intend to repay the debt to the best of my finances allow but I'n scared they are going to take my husbands car.

 

Can they take it?

 

Hi,

I had a very similar thing happen to me.

 

Over a year ago an Equita bailiff called at my house when there was nobody in. They also posted a list through the door. On it was a friends motorhome, my daughter in laws car and among other things my sons motorbike. None of which they can take and they know it.

I am sure there are lots of much more experienced people on here that will give you advise. Most of all don't panic!! It wil get sorted.

[joans66]

Hi folks,

 

Many thanks for the advice given out so far.

 

It's very reassuring to know that these people simply can't 'break in' like he has implied in the letter posted through my door.

 

My husband has moved the vehicle to a safe location for the time being and has collected together all his paperwork for the car in readiness for the next impending visit.

 

A few more quick question if you please.

 

Can the bailiff assess my household goods by looking through a window?

Can they call on a Sunday?

Can they really demand full payment and not have to agree to any paypent plan?

On the 'Green form' posted through my letterbox it does not give any break down of charges, it just says the total. Is that right?

 

 

I just want to make sure I have my facts right ready for the next visit.

[hallowitch]

Can the bailiff assess my household goods by looking through a window?

NO but he wouldn't be the first bailiff to do this

 

Many bailiffs are looking at ways of increasing their fees and sadly this scenario is very common indeed. However there is clear case law concerning this as follows:

 

EVANS v SOUTH RIBBLE BOROUGH COUNCIL (1991)

 

 

 

Background:

This case was an Appeal by a Community Charge payer against the decision of the Magistrates Court that had dismissed her complaint against the bailiffs that had levied on goods on behalf of her local authority: South Ribble Borough Council.

 

The bailiff had attended at Mrs Evans property for £341 of arrears. Mrs Evans was not at home when the bailiff visited, the bailiff then posted an envelope through her letter box containing a notice of Distress, a draft Walking Possession agreement signed by the bailiff and requiring Mrs Evan’s signature and return plus various other documents that explained the methods of payment, and the amount of the debt.

 

Mrs Evans did not return the Walking Possession; instead she sought legal advice about this method of seizure.

 

 

 

In his Judgment Mr Justice Simon Brown, reviewed the law and he concluded the following:

• “Once entry is made, very little in the way of seizure and impounding is required…...but there must in the first instance be an entry (into the property), thus: "it is my clear conclusion that external inspection and posting through the letterbox is a course of action insufficient to bring about the legal consequences of Distress”
  

And that: the process of distress consists ofthree stages;

· the entryinto the premises,

· the seizureof the goods

· the subsequent securing of the goods (generally called impounding)

 

 

In your case the bailiff has clearly made an external inspection without gaining entry into the property and that this cannot therefore be a valid levy as provided in the case of Evans v South Ribble and that you should be refunded any fees and charges applied to your account by return. In addition, the remaining nominal items or garden furniture are of worthless value.

Can they call on a Sunday NO defiantly not allowed

 

Can they really demand full payment and not have to agree to any payment plan?

YES having said that your best bet is to write to the council and suggest a payment plan that you can afford without defaulting on

 

On the 'Green form' posted through my letterbox it does not give any break down of charges, it just says the total. Is that right?

NO i think the green form you are talking about is a notice of seizure of goods and inventory with your husbands car levied

this must have walking possession fee and a levy fee then a balance on it

[joans66]

Quick update...

 

I've spoke to the council and they say they passed on a debt of £331 including court costs.

 

How the hell have equita come up with a figure of £1831 ????

 

To be honest I'm shocked that they expect me to pay such an extortionate amount!

 

Thanks to this form I'll be using one of you standard letters to be sent to Equita demanding a full breakdown off all charges against my account.

 

Whilst I was on the phone to the council I asked for them to take the debt back on but they said no, but saying that he was only a call centre chap so they will be getting a letter very shortly as well. Christ I'd pay back the money in full in one go!

[hallowitch]

there is no way that £331 can end up as £1831 this is crazy

 

 

On line search to check if a Bailiff is Certificated..... was posted on the 23/7/09 and in these few day I have already come across 2 bailiffs working for equita that don't seem to be certificated i would like to start keeping a record of the names of these so called bailiffs the company they work for and the area they are collecting to see how many times there name crops up and if the move to another firm would you mind sending me P M with the bailiffs name and the area you live in

[joans66]

again thanks for the help so far.

 

Here is a copy of the letter I intend to send to Equita..

 

27th July 2008

Dear Sir/Madam

Re: XXXXXXX.

your ref: XXXXXXX.

Client ref:XXXXXXX.

In regard to 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, including all charges added to my account since referral from the original creditor.

Please note that only a screen shot from the account will be acceptable.

b) The original debt amount passed to yourselves from the creditor.

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

4) Truthfully confirm in writing your fees are lawful and comply with legislation.

 

I would like to point out that the bailiff in charge that called to my address has left (pushed through my letterbox) an invalid Walking Possession Agreement.

The Walking Possession Agreement (WPA) left is invalid for the following reasons.

1. The WPA is unsigned by myself

2. The WPA does not state any charges, just has a total amount.

3. The bailiff in charge has tried to levy a motor vehicle on the WPA which does not belong to me. I have no claim on this vehicle at all and thus cannot be levvied,

a simple check by the bailiff in charge before he tried to levy the vehicle would have confirmed this.

Please be advised that this vehicle cannot be class to be in a 'Disstressed' state.

4. The bailiff in charge attending my address has altered the total amount on the WPA, thus implying that he was simply making a figure up.

I would also like to point out that I am fully aware of my rights and I will not under any cirmcumstances grant any bailiff in charge attending permission to enter my premisses

eventhough the letter that bailiff in charge left implies that he has the power to force entry. I know this is not the case and any attempt to do so will be reported

to the police immediately.

 

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.

A copy of this letter will also be forward to my local council.

It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

Yours Sincerely

 

Is that good enough?

 

Please feel free to make any suitable alterartions and post up!

 

Many thanks.

 

J.

[seanamarts]

looks good to me .. simply yet straight to the point

If I was you and you could afford it I would pay any money owing to the council via their online payment method. Its worth a try.

[hallowitch]

Please be advised that this vehicle cannot be class to be in a 'Distressed' state

 

i would remove this comment it makes no sense

[joans66]

Well it's been 9 days since I sent the letter by recorded delivery, no reply as of yet.

 

And it's been 13 days since the bailiff visit and no second visit from him as well.

 

What do I do now??

[seanamarts]

have you written to the council with a letter of complaint yet