Claiming money back from Equita

[PSB123]

Back in 2005 I had Equita chasing me for two PCN's that had gone up to £125 each. This soon reached over £400 for each one. I have just found one of their letters informing me of their charges for one of the PCN's. It reads:

 

DEBT: £125.00

COURT COSTS: £0.00

BAILIFF COSTS £161.20

VAT: £28.22

PAID: £0.00

 

TOTAL OUTSTANDING: £314.42

 

I use the above as an example as I know I paid approximately £400 for each one. That's £800 in total for two PCN's.

 

I never signed anything and was probably a little slow to pay up initially.

 

Can I look in to claiming some of this money back as I don't think that £161.20 is a fair amount to ask for Bailiff costs. I will start off by requesting a SAR from Equita. Any advice would be welcome.

[BlurredFX]

Can I look in to claiming some of this money back as I don't think that £161.20 is a fair amount to ask for Bailiff costs.

 

Depends if you paid it in the first place!

 

More details please

[BlurredFX]

And they ain't allowed to charge VAT, as I understand it! Swines!!

[PSB123]

Depends if you paid it in the first place!

 

More details please

Of course I paid it lol:) I wouldn't be asking other wise.

 

The details are in my first post. They asked for it, I paid it but not as fast as they would have liked.

[BlurredFX]

Do you have receipts?

 

I have to say I have not known anyone to claim charges back so long after it was all dealt with - but I am hardly well versed in the subject.

 

I think if you have receipts and you can show an element of VAT that is a good start, as Bailiffs are not allowed to charge VAT as I understand it.

 

You say that you didn't pay it promptly - I wouldn't give that too much weight - it is down to them to justify their charges.

 

Cheers,

 

 

Blurred

[PSB123]

Do you have receipts?

 

I have to say I have not known anyone to claim charges back so long after it was all dealt with - but I am hardly well versed in the subject.

 

I think if you have receipts and you can show an element of VAT that is a good start, as Bailiffs are not allowed to charge VAT as I understand it.

 

You say that you didn't pay it promptly - I wouldn't give that too much weight - it is down to them to justify their charges.

 

Cheers,

 

 

Blurred

Thanks BlurredFX

 

From what I can make out I may have some come back as I am well with in the six year statute of limitations.

[BlurredFX]

OK - do you have receipts?

[PSB123]

OK - do you have receipts?

Paid by cheque and still have cheque book stubbs. Also requesting a SAR.

[gispaul]

When I dealt with these clowns, I got the directors database info from either 192.com or equifax and bombarded each director with letters to thier home address. The letters from thier company stopped. Give it a try, its very satisfying, lol

[BlurredFX]

PSB,

 

It seems to me that you are following the correct course of action. Hopefully the SAR will give you a breakdown of everything that they charged you.

 

We can then look at that and see what illegal fees they have charged etc etc. But the VAT makes me interested, as I am sure that they are not allowed to charge VAT, but I need confirmation of this.

 

Keep in touch,

 

 

Blurred:)

[PSB123]

PSB,

 

It seems to me that you are following the correct course of action. Hopefully the SAR will give you a breakdown of everything that they charged you.

 

We can then look at that and see what illegal fees they have charged etc etc. But the VAT makes me interested, as I am sure that they are not allowed to charge VAT, but I need confirmation of this.

 

Keep in touch,

 

 

Blurred:)

Thank you Blurred

 

After a bit of research, I found that for PCN's they can charge VAT but not for Council Tax. There are certain debts that they can charge VAT on and others they can't.

[PSB123]

Can someone tell me if I should ask Equita for "screenshots" first or request a Subject Access Request?

[PSB123]

Just had a hand deliverred letter back from Equita stating that the screen shots I have asked for must be a SAR and that I need to send them £10 for this. Surely they know what a screen shot is

[Nintendo Pü]

You dont need to send £10. A "screenshot" is not personal data as it is defined under the Data protection Act 1998.

 

This £10 thing bailiffs ask for is a money-[problem]. They are pretending a Screenshot is accessing personal data. The law decides what the bailiffs fees are so it cant tell you anything you dont already know.

[PSB123]

You dont need to send £10. A "screenshot" is not personal data as it is defined under the Data protection Act 1998.

 

This £10 thing bailiffs ask for is a money-[problem]. They are pretending a Screenshot is accessing personal data. The law decides what the bailiffs fees are so it cant tell you anything you dont already know.

I think they're playing silly beggers and playing for time. I will now write to them and cc the council.

[Nintendo Pü]

You will just an excuse letter back, bailiffs have a Ph.D in making up excuses.

 

Contact the council.

[PSB123]

After yet another letter to Equita telling them I want the screen shots and not a SAR, they have written back to me asking for £10 and telling me it must be a SAR I am looking for. They won't supply me with the screen shots I have asked for. It's like banging my head off a brick wall. Any ideas?

[Nintendo Pü]

A breakdown of fees is not personal data in the meaning of the data protection act. Asking for £10 is a bailiffs money [problem]. You can interpret this as the bailiff is unable or unwilling to provide a breakdown of fees and you no longer have an obligation to pay them. Judge Avent in Cullighan vs. Marston.

The law says what the fees are. PCN's its 28% of the ticket, so file an N1 and recover everything you paid over that amount. You dont need to tell them. You can also make a complaint to police under the 2006 fraud act.

If the bailiff sent a letter or make further visits, the burden of proof now passes to the bailiffs - they will now have to prove they sent letters and made multiple visits.

[PSB123]

Thanks Nintendo Pu!

[Nintendo Pü]

Civil procedure rules is the way to go - Take out whats not relevant

 

On a Form N1

 

THE MAYOR AND BURGESSES OF [NAME OF COUNCIL] 1st DEFENDANT

 

AND

 

[NAME OF BAILIFF COMPANY] a firm, 2nd DEFENDANT

 

Brief Details of the Claim - enter - Reclaiming unlawful bailiff's fees.

 

Particulars of claim:

 

I received a bailiff acting for the defendant collecting an unpaid parking ticket. The bailiff dishonestly charged me [£AMOUNT] bailiffs fees contrary to the Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993 which prescribes £28 and reasonable costs for transporting a debtors goods in a van. The bailiff did not move any goods in a van and I did not sign any documents for the bailiff. I asked the bailiff for a breakdown of his fees but they azre unable or unwilling to provide one. I have been defrauded by the bailiff who is cheating with his fees and I asked for a refund but it was the bailiff’s choice to keep the money. On 20 April 2007, Lord Lucas in the House of Lords asked HM Government (inter-alia) "whether it would be right for the police to claim that such an action is a civil and not a criminal matter"? Baroness Scotland of Asthal, The Minister of State, Home Office replied: (inter-alia) "A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006". Reasonable costs have been defined by District Judge Advent on the 9th & 24th September 2008 presiding over Case No 8CL51015 Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). The court ruled that “because the Bailiff produces no evidence as to how the charge had been arrived then he unable to show that it is reasonable". I claim i) the sum of [£AMOUNT], ii) Interest under Section 69 of the County Courts Act 1984 at the rate of 8% a year from the date the money became due at the daily rate of 0.00022%, iii) reasonable costs the court thinks fit for being defrauded by the defendant iv) Reasonable costs the court thinks fit for Discovery of Information and compiling this case for court, v) costs allowed by the court at the prescribed rate.

 

If you are on a low income then complete an EX160 fee remission form.

[PSB123]

Many thanks Nintendo Pu...much appreciated

[PSB123]

Civil procedure rules is the way to go - Take out whats not relevant

 

On a Form N1

 

THE MAYOR AND BURGESSES OF [NAME OF COUNCIL] 1st DEFENDANT

 

AND

 

[NAME OF BAILIFF COMPANY] a firm, 2nd DEFENDANT

 

Brief Details of the Claim - enter - Reclaiming unlawful bailiff's fees.

 

Particulars of claim:

 

 

 

If you are on a low income then complete an EX160 fee remission form.

Should I just bite the bullet and ask for a SAR and pay the £10 before I go down this road

[Nintendo Pü]

Why? there is nothing that is listed as personal data, and you dont need to SAR a local authority, they are exempt and dont need to appoint a data controller, that only applies to private companies registered under the Act.

 

The law decides what bailiffs can and cannot charge, only pay what the law says and nothning else. If you have been overcharged then just reclaim it.. That way you have the bailiff dancing to your tune.

[PSB123]

So don't bother contacting Equita again just go down the Form N1 route? Also, I need to find out exactly how much I have been overcharged as I only know that it was approximately £400 for each PCN. How do I establish exactly how much I have been overcharged if Equita won't supply me with the information I need unless I pay them £10?

[leeroy2009]

are hmcs also exempt?