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    • Hi, this is the amended and hopefully final defence. Would someone just give it a once over for me before it's ready for filing on MCOL. I'm doubting myself but as I recall I don't need to post to the Sols or Claimant, just submit online?   1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC   2. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   3. Paragraph 1 is noted. I have in the past had financial dealings with New Day in which I can’t recall the precise details of any agreement and have therefore sought clarification by way of a CPR 31.14 and section 78 request via signed for delivery which the claimant has failed to comply with.   4. Paragraph 3 is denied. I have not been served with a Termination Notice or Default Notice pursuant to sec 87 (1) the Consumer Credit Act 1974.   5. Paragraph 4 is denied. The defendant contends that no notice of assignment pursuant to s136 Law of Property Act and s82 a of the Consumer Credit Act 1974 has ever been served by the Claimant as alleged.   It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) Show how the Defendant has entered into an agreement and; b) Show how the Defendant has reached the amount claimed for and; c) Show the nature of the breach and evidence by way of a Default Notice pursuant to s87.1 CCA 1974. d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.   As per Civil Procedure Rule 16.5 it is expected that the Claimant prove the allegation that the money is owed.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Okay, it's turning out better than I expected. We can go over a resume of the situation when you get it back and see what you think might be outstanding and if you want to do anything about any of it.
    • Back home now - Not a wasted trip entirely but did not come back with the car. They took it in straight away at 8 to sort out the navigation which apparently is resolved.  Next was a health check again: 1. Battery = defective 2. Fuel Flap solenoid - Apparently this was on the MPC but I even missed this.  So another one to add to the list of not rectified but vehicle handed to us.  Worst case with this is the flap does not open. 3. Sun Visor - Requires replacing 4. Navigation - Resolved 5. Tyres - The low tread has been deemed as perished - again, I do not understand how this went through MOT the day before collection!  And they also found a nail in the tread - by the looks of it and the lack of miles we've covered, it's been in there a while.  Agreed front right is budget make.   Took a bit of to/fro but all points have been authorised by Sales for Servicing to carry out - essentially as Sales missed this (or were told it was good to sell), they foot the bill.  Internal politics and all fake/virtual money.   The bad news is despite a note to order the battery last week "just incase", it was not done so battery, solenoid, visor and tyres all will be ordered in for tomorrow and resolved tomorrow hence coming back without it today. Upside, after a bit of pushing, I did get an Automatic Q3 70 plate which was the salesmans own demonstrator.   Salesman also apologised for the way he had been/tone used last week so we've put all that in the past (if everything is sorted!)   Finally, raised the fact their MPC states various services need doing.  The service advisor agreed, checked and to my surprise, the day we picked it up, they were completed. I got a printout stating this which included the oil service (even though it was done in September), gearbox service, Haldex (for the quattro system) and brake fluid.   Only thing I need to ask tomorrow is the parts list does not state Gear Box filter which is part of the service on the s-tronics and gear oil seems to be 1x G060175A2.  IF I am reading this correctly, this is only a top up of 850ml and not a complete service which should be around 5-7 litres + filter.
    • as long as returning the car doesn't cost you ...yes. however you are not compelled to do so out of your own pocket. you simply write, if you need too, stating the car is ready for collection at anytime but please advise me first.   but of course, be a wee bit smart here, until/unless the judgement is actually satisfied, it goes nowhere! dx  
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      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
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I have an outstanding Council Tax debt with Southampton CC. This went to court and yesterday I received a letter of intent from Equita Bailiffs, which I did not open until 8pm when I got home from work. So today I contacted Equita to make arrangements to pay the outstanding debt (£716) along with the Bailiff fee's (42.50) and the girl on the phone was nice and friendly, we arranged to take it via 3 amounts over the next 3 months. All Sorted. Apparently not!

 

I was then called back 2 minutes later to say that my debt had been passed to an individual bailiff and I would need to contact him directly. When I spoke to him directly the outstanding balance had risen by a further £80+. I asked him if you normally receive the latter the day before the bailiff was dispatched and he gave me a vague answer (something along the lines of) "Sometimes they can do it like that"

 

I've tried to call the office back and speak to the staff member I had spoken to previously, but I could not get anyone to speak to me and we just told to contact the collecting bailiff direct.

 

I have been reading plenty of other peoples problems (and the feedback they have received) on this site and I am a bit stuck as to what I can do from here. I have emailed Equita asking for a detailed breakdown of the fee's I am being charged, although I do not expect to get a reply from this!

 

Any info or advice that people can give me would be really gratefully received.

Edited by Karpoozi
typo
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(£716) along with the Bailiff fee's (42.50)

well thats there first mistake

Equita have added visit fees on to this debt when no visits have taken place

 

passed to an individual bailiff and I would need to contact him directly. When I spoke to him directly the outstanding balance had risen by a further £80+. I asked him if you normally receive the latter the day before the bailiff was dispatched and he gave me a vague answer (something along the lines of) "Sometimes they can do it like that"

no they cant do it like that and he cant add a further £80+

only certificated bailiffs can collect council tax check here

this register is not fully up to date if you cant find him

Ministry of Justice Public Register of Bailiffs on 020 3334 6355

 

 

www.hmcourts-service.gov.uk/CertificatedBailiffs/

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Thanks for the Advice Hallowitch.

 

Just spoke to the Bailiff again.

Debt - £716.00

Bailiff Letter - £42.50

Bailiff Collection - £56.00

TOTAL - £814.50

 

The Bailiff has advised that if I amunable to pay the total amount within 1 month then I should contact the council again and see if I can setuppayment with them.

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Bailiff Letter - £42.50

Bailiff Collection - £56.00

 

this is wrong

 

THE council tax (administration and enforcement regulations) 1992

(amended 2003)

regulation 45 section 5

this is the regulations that ALL bailiffs company's must use when collecting council tax debt

 

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 they can only charge this IF they have been to your home to levy and could not gain a levy because no one was home they must also leave a hand delivered letter to prove they have been

ii) where the visit is the second such

visit:£18 as above again no levy takes place

the above legislation does not allow a charge for letters delivered by royal mail

bailiffs collection £56

again this is wrong there is no legislating for this

 

the only fees the bailiff can charge at this stage of enforcement is the visit fees as described above if the visit did indeed take place

and in your case it would seem not

did you check to see if he was certificated

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Thanks for the Advice Hallowitch.

 

Just spoke to the Bailiff again.

Debt - £716.00

Bailiff Letter - £42.50

Bailiff Collection - £56.00

TOTAL - £814.50

 

The Bailiff has advised that if I amunable to pay the total amount within 1 month then I should contact the council again and see if I can setuppayment with them.

 

This is VERY interesting and I have sent you a PM.

 

For the collection of council tax there is no provision within the statutory fees scale for a charge to be made for a letter.

 

Secondly, the amount of £42.50 is actually the fee for TWO VISITS to your property. The first one is for £24.50 and the second for £18.00 !!

 

This is SERIOUS !!!

 

Letter needs to be sent to Equita IMMEDIATELY.

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I spoke to the Council earlier on today (on advice from the Bailiff) and they could "Return the debt" if the Bailiff thinks that my offer of repayment is not substantial enough.

 

I assume that this would include the £98.50 of fee's accumulated by Equita?

 

Also, this debt is my for my council tax right up until April 2010, so the payments that I was due to pay the council (Sep-Feb) have been added to the debt I owed.

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This would not include the £98.50 of fees for Equita. You owe the council £716 and this is all they can collect off you. Do not pay any money to Equita as they haven't any right to charge you for anything they have done.

 

You should pay the council directly and if you haven't got all the money to pay them off just pay some of it off as and when you can. Obviously write to the council and see if they will put you on a payment plan.

 

I have had many dealings with Equita and they are full of threats. At this moment in time i think i am on my 8th Final notice letter. They have sent one person round my house and he got told where to go. I have not once replied or spoke to them and i never will. Do not let them intimidate you as they can smell a vulnerable person from a mile off. They state in their letters they will be coming to take goods and chatels for local auction but how can they do this when they can't get in to your house?

 

They are only allowed in if you let them in or they can gain peaceful entry ie through an open window or unlocked door.

 

Your best bet is if they ever come around don't answer the door.

Andy...

 

 

 

 

 

 

 

 

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  • 5 weeks later...

I have now vacated my property and the amount outstanding to council has dropped from £716 to £225. The Bailiff has denied any knowledge of this and says I still owe a new total of just over £900 in total. It is impossible to get a straight answer out of him and I am yet to receive any kind of acknowledgement from Equita after 2 letters, 2 emails and 2 online call back requests. The bailiff in adamant that their charges are legal. I do want to pay my original debt, but I refuse to pay the amount Equita want from me. I have offered to pay them £100 next week, but I have been told the minimum I can pay is £160 odd, I assume that this is now the new amount I owe equita for the fees and that the payment will only cover their costs and none of the original debt.

 

I hate these people so much, I am at a loss as to what to do.

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Ok Karpoozi you need to listen and reply to tomtubby she is your best bet here it sounds like Equita has applied there normal ileagal ENFORCEMENT FEE they can NOT do this and you must persue this just dont let them in and dont pay them a penny good luck keep us posted

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  • 1 month later...

I have spoken with the council (as I have moved house) and my they have reduced the amount I owe to:

£184.25 + £60 court fees = £244.25.

 

This change was sorted by the council on the 23rd of September and once a week I have been contacting the bailiff to see if he has altered the amount owing and each week he "hasnt heard anything, but will contact the head office and get back to me". Finally (today) he said I would be better off contacting the Head Office. When I did they told me that there was a different Bailiff on my account and I had to contact him directly. He said he is still awaiting my file and I should contact him again tomorrow.

 

I now want to get all my facts and figures together ready for a argument discussion about the fees Equita want to charge!

 

From going over the C.Tax (Admin and Enforce) Regs 1992 I think I will have to pay the following:

 

VISITS = £42.50

First - £24.50

Second - 18.00

LEVY = £30.27 (taken from section 2(1) “the relevant amount”)

£24.50 of first £100 debt

4% of next £400 = 4% of £144.25 = £5.77

 

So,

 

Debt - £184.25

Court - £60.00

Visits - £42.50

Levy - £30.27

TOTAL - £317.02

 

Is this correct?

 

I am slightly confused by point B in Section 1 (For Levying Distress)

 

The Lesser amount of –

(i) The amount of the costs and fees reasonably incurred;

and

(ii) The relevant amount calculated under paragraph 2(1) with respect to the levy.

 

So as I have worked out what (ii) will be, so I cannot be charged more than £30.27 for levying distress, right?

 

I am tired of having this looming over my head so I have worked a load of overtime at work to finally be rid of this debt.

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first £100 £12.50

4% of next £400 = 4% of £144.25 = £5.77

levy fee £18.27

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

what did he levy on

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what did he levy on

 

Do you mean the amount? If so, then I was just trying to work things out based on the figures above. I am awaiting to see what they try and charge me tomorrow (if the Postman delivers it to the Bailiff)

 

Nothing has been removed from the property and nobody has been home when the bailiff has called round.

 

Are the amounts mentioned before (with the ammendment to the %'age you pointed out) correct? Thank You for your help.

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no they don't remove the goods

 

they come into your house and give you a notice of seizure of goods & inventory(form 7) with the goods in your house listed on it

if the cant get into your house the levy on your car and put the notice of seizure of goods and inventory through your letterbox

 

 

(5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into

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nothing has been levied. I have only had letters asking to call the bailiff in charge and to make the full payment.

 

I want to make this payment, but dont wait to pay Equita a penny more than I am legally required to do so.

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make an offical complaint to the council regarding the fees and start paying the council on-line

as long as you keep the baillifs out of your house you will be ok

 

do you have a car the baillif could have levied on it

 

if he has he should have left you a form 7 with the car listed on it

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nope, no car and I'm not living at that address anymore (I have notified the council of this).

 

I am in the process of finishing a template letter (I found on here) to send to the council explaining the bailiffs have tried to charge me unreasonable fees and I am offering to pay the outstanding debt off over the next 3 months. Although, if they accept my offer (I will enclose the 1st payment) I will just pay the rest off online instantly.

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