equita

[honey**]

missed same payment on another payment plan for the same this with equita.council tax,no walking possesion no levie.

 

had tried to contact them but just kept getting recorded message of phone number who was apparently no longer my balliff.

 

when i was away had a visit and eldest son rang me said there was a letter through the door.new guy in town.

 

rang him and had a chat he admitted he was new on this patch and had no idea what happened or was arranged previously.

 

but arranged to carry on paying the debt at £50 a month (which is again more then i can afford) early this morning before i went to work i was looking for paperwork and found the letter new man had put through door when i was away.

 

orginal ballance had been approx £300 plus cots of £45.(paid £50)

 

between 22/07/2009 ballance £300.12 and the 7/8/2009 it has jumped up to £493.12

 

so i phoned him and asked him what the charges were for he stated they were for letters and his time.

 

so i asked about the 24.00 for first letter ect he said it doesnt work like that and he has to get paid for his time ect.

he then went on to state that tbh with me if this dept is not paid in full by the 14th of next month it will get passed on to another of there agents and more and more fees will be added and there are over a 1000 agents working for that company so it could go on forever.

 

ok even i know this totaly is not allowed.

 

so i rang the council lady was very nice but said well he is a van balliff so they can charge you what they want,for hire of the van for the day and a porter ect ..........she did say on the 14th it will be passed back to them and they will probaly pass it to another company and not to worry to much as they shouldnt pass it back to the same company and just to pay my instalments.

[honey**]

ok weirder still i have just had a phone call back from the old bailiff asking why i havent paid him and can he take a payment now:confused:

 

he said they might have taken that case off him with out telling him grrrrrrrrr

[hallowitch]

ok weirder still i have just had a phone call back from the old bailiff asking why i havent paid him and can he take a payment now:confused:

 

he said they might have taken that case off him with out telling him grrrrrrrrr

 

pay him nothing

[hallowitch]

all bailiffs collecting council tax have to work to this

The Council Tax (Administration and Enforcement) Regulations 1992 amended 2003

regulation 45

 

(SCHEDULE 5)

NOTICE OF

CHARGES CONNECTED WITH DISTRESS

1. The sum in respect of charges connected with the distress which may be aggregated under

regulation 45(2) shall be set out in the following Table-

(1)

Matters connected with distress

(2)

Charges

A For making a visit to premises with a view

to levying distress (where no levy is

made) –

i) where the visit is the first or only such

visit £24.50

ii) where the visit is the second such

visit:£18

 

 

 

 

 

 

 

2.—(1) In heads A and B of the Table to paragraph 1, "the relevant amount" with respect to a visit or a levy means—

• (a) where the sum due at the time of the visit or of the levy (as the case may be) does not exceed £100, £12.50,
  

• (b) where the sum due at the time of the visit or of the levy (as the case may be) exceeds that amount, 12½ per cent. on the first £100 of the sum due, 4 per cent. on the next £400, 2½ per cent. on the next £1,500, 1 per cent. on the next £8,000 and ¼ per cent. on any additional sum;
  
• (2) Where a charge has arisen under head B with respect to an amount, no further charge may be aggregated under heads A or B in respect of that amount.
  

and the sum due at any time for these purposes means so much of the amount in respect of which the liability order concerned was made as is outstanding at the time.

 

 

 

now if the bailiff has a levy and an agreement to pay and you miss a payment he uses this as an excuse to come to your house in a van and charge you a van attendance fee

 

legislation say they can charge reasonable cost even if no goods are removed however they can only charge this once the next time they charge a van fee the goods must be removed

• G. For other expenses incurred in connection with a proposed sale where there is no buyer in relation to it:
  

Reasonable costs and fees incurred

 

I am 90% sure when a fee is charged you can ask for a breakdown of these cost van hire mileage cost of diesel bailiffs time they cant charge you £100 for a half day hire they cant charge you £50 for diesel if the have only driven 20 mile

 

 

if this dept is not paid in full by the 14th of next month it will get passed on to another of there agents and more and more fees will be added and there are over a 1000 agents working for that company so it could go on forever.

there are aprox 1700 certificated baillif colecting concils and parking tickets tax in England and wales and they can pass is on to 100 agents if they like but if they are not cerificated you do not half to deal with them

Certificated bailiffs — enforce a variety of debts on behalf of organisations such as local authorities. They can seize and sell your goods to cover the amount of the debt you owe. They also hold a certificate, which enables them, and them alone, to levy distress for rent, road traffic debts, council tax and non-domestic rates. They cannot enforce the collection of money due under High Court or county court orders.

:smile::smi le: lol hope you undersand all this anything you dont ask

[seanamarts]

"so i rang the council lady was very nice but said well he is a van balliff so they can charge you what they want,for hire of the van for the day and a porter ect ..........."

 

EH !!!!???? A Van Bailiff ????? what planet is she on???? there is no such thing as a van bailiff. They can only charge for a van when they take your stuff away, so bailiffs are charging for a porter service now too whats next a valet service.. This is for council tax isnt it ??

[angryandy]

Pay the council directly. They will always tell you over the phone they can't take your money but as you walk in to your local council building with the cash they cannot refuse payment.

[honey**]

yes this is council tax

no walking possesion orders

yes she will take payment from me as long as i pay the bailiffs charges in full.

 

do i understand from up there ^^^^ that equita can pass this betweens them selfs incurring hundreds of ££££ every month or so while i am still paying it off.

[hallowitch]

do i understand from up there ^^^^ that equita can pass this betweens them selfs incurring hundreds of ££££ every month or so while i am still paying it off

 

they have no levy so all the can charge is 1st visit fee £24.50 2nd visit fee £18

they can pass it around till there dizzy they cant charge any more than the 2 visit fees

[honey**]

really really ???

so the cant charge for a van ect?

 

hmmm i need to find proof of that some where lol

[lets fight bailiffs]

they cant charge a van fee and also they cant call it a levy fee as there is no levy there charges (fees) should be £42.50 total, just because the company has passed it to another bailiff he cant even charge you a 1st and 2nd visit fee if they feel that they can't collect the debt then it should have been passed back to the council not to another bailiff.

remember when you speak to these peaple make them aware you know your rights and there fees if theye think they can walk over you then they will.

[honey**]

hallo should i write a leeter to the council enclosing the requlations you posted for me as above?

[hallowitch]

between 22/07/2009 balance £300.12 and the 7/8/2009 it has jumped up to £493.12

do you have this in writing

 

first thing to do is e-mail/write to Equita and ask for a breakdown of there charges as you want an explanation as to why the charges have increased

 

then write to the council and tell them you have written to Equita for a breakdown of there charges as you want and explanation as to why there bailiff has increased there charges by £193 between 22/7/09 and 7/8/09

 

NOW the thing about this is if they have levied on your car without your knowledge (they wont be the first bailiff to do this) and charged you a van fee for your missed payments

getting the charges removed will be easy because your car already has a levy on it and 2 bailiffs cant levy the same goods

[honey**]

ahhh intresting thanks again hallow,well if he has levied on our car i know nothing about this at all,only charges the council were aware of on the account were £42.50 which i think accounts for a first and second visit.

 

i have a letter from equita sent in the post dated the 22/7/2009 balance 300.12

hand delivered collection letter dated 7/08/09 balance 493.12

council werent awre these charges had been added but said he can add what he likes he is your last stop,he is a van bailiff

[hallowitch]

council weren't awre these charges had been added but said he can add what he likes he is your last stop,he is a van bailiff

as seanamarts says no such thing as a van bailiff

and the only way they can charge a van fee is if they have WPA

this wouldn't be Birmingham council would it

[hallowitch]

Send this to Equita by e-mail and recorded delivery

 

please provide me with the following information regarding charges incurred for the collection of council tax arrears for xxxx council

 

account ref number xxxx

 

I require the following information for the above account

A detailed statement of account showing a breakdown of charges showing in each case the reason for the charge and amount of the charge

For any fee that relates to an attendance please state the date and the time of attendance the name of each bailiff attending my property with the name of the county court where the relevant bailiff was certificated