Claiming back excessive equita charges

[fighting_equita]

Hello Everyone,

 

I'm in the middle of trying to claim back excessive charges that Equita applied to some PCN's I had with them 3 years ago. Can anyone tell me if there is a time limit with regards to disputing these charges and trying to get a refund for any overcharging?

 

Thanks in advance

[PSB123]

You have six years. I am doing the same as you. Two PCN's came to £800 in the end.

[fighting_equita]

Thanks...that's interesting...

 

In recent correspondence from them they quote the 'Distress for Rent rules 1988' and basically say that any disputes about charges must be made within 12 months.

 

I'm a little bit lost as to what to do next. I seem to be constantly hitting my head against an Equita brick wall. Getting this far has taken 3 SAR's, numerous phonecalls and emails and 10 months so far.

 

Any advice on how to proceed would be much appreciated....

 

[PSB123]

Not too clued up tbh but others should be able to tell you which charges are correct and which are not. Did they provide you with the SAR, they have to by law?

Don't fall for their rubbish. They will try and baffle you with B/S. You have six years.

Edited November 16, 2009 by PSB123

[PSB123]

Did they levy your vehicle or any other goods?

[fighting_equita]

Yes, they responded to my SAR and i have (what i believe) the evidence that i have been overcharged.

 

To give an idea of the overcharging, in a one month period i made 6 payments to Equita totalling just under £3000 on an original debt of £930 (6 x £155 PCN's). From their response to my SAR they claim to have visited my property 6 times (once for each PCN) but I have been charged more than once for the same visit, so their actual visits is probably more like 4. In each of these cases payments were made over the phone. At no point did i sign anything and they never gained entry.

 

I totally accept some of the charges they have applied, the letter fees and the charges for the visits they *did* make. However, I do object to the charges they claim as 'Attendance/Removal fees' which, despite numerous attempts, they have failed to break down and justify.

 

I appreciate your posts 'PSB123', can anyone else suggest next steps (maybe Form 4 complaint) that might help both of us reclaim these excessive charges.?

[PSB123]

Someone on here should be able to help you work out how much you are entitled to reclaim. If they don't comply you may be able to take them to the small claims court.

[PSB123]

Also, if you haven't signed anything and their is no levy on goods they can only charge you for three bailiff visits and £10 or £11 per letter.

[hallowitch]

this may help you regarding visit fee charges

You will find the changes to the Statutory Regulations under SI 1857 of 2003.

 

The fees for vistits are actually quite simply to calculate as the regs provide for the visit to levy a being 28% of the debt.

 

Put simply assuming the PCN had increased to £150, you then apply the £5 TEC fee (£155) and then add to this the one Statutory Letter Fee of £11.20. Add VAT to the letter fee which is £1.96 (see note below). The total should be £168.16. This is the figure that needs to be multiplied by 28% to get the 1st visit fee.

 

PS: We are finding the bailiffs are continuing to charge VAT at the OLD RATE of 17.5% instead on the reduced amount of 15%. Be aware...

 

a baillif cant charge multipule charges for collecting more than 1 PCN at the same time so you have to find out from the council the date each pcn was passed to equita if you have been charged a visit fee for all pcn on the same day then you can claim them back

 

[tomtubby]

Thanks...that's interesting...

 

In recent correspondence from them they quote the 'Distress for Rent rules 1988' and basically say that any disputes about charges must be made within 12 months.

 

I'm a little bit lost as to what to do next. I seem to be constantly hitting my head against an Equita brick wall. Getting this far has taken 3 SAR's, numerous phonecalls and emails and 10 months so far.

 

Any advice on how to proceed would be much appreciated....

 

 

Can you ask them to confirm to which which precise part of the Distress for Rent rules are they relying upon !!!

 

You need to ENSURE that you request a copy of the screen shot of your account. This will CONFIRM in black and white what visits have actually been made.

 

A bailiff CANNOT apply multiple charges for enforcing more that one PCN at the same time. They can however charge individual letter fee of £11.20

[PSB123]

Can you ask them to confirm to which which precise part of the Distress for Rent rules are they relying upon !!!

 

You need to ENSURE that you request a copy of the screen shot of your account. This will CONFIRM in black and white what visits have actually been made.

 

A bailiff CANNOT apply multiple charges for enforcing more that one PCN at the same time. They can however charge individual letter fee of £11.20

Can they provide a screenshot for this even if the debt is several years old? Also should we ask them for a SAR?

[hallowitch]

i believe they have to keep all records for 6 yrs

tomtubby is the best person to give you advice on this (take it) send for your screenshot give them 14 days to provide this send letter by recorded delivery

don't waste £10 sending for a subject access request just yet

[fighting_equita]

I have the screen shots from the account, giving their interpretation of a 'full and detailed breakdown' of the charges.

 

I have also sent letters asking them to either refund the money that i think has been overcharged or provide further details of the costs. They have refused to do either simply stating that ' Contrary to my letter, they dispute my allegations that i have been overcharged'. No, further breakdown, no explanation.....nothing.....

 

Maybe it is time to file a small claim...?

 

tomtubby, with regards to the 'Distress for rent rules' they were talking about getting the fees assessed, in which they appear to be correct. It doesn't stop me from pursuing this through other avenues though.

[tomtubby]

Yes, they responded to my SAR and i have (what i believe) the evidence that i have been overcharged.

 

To give an idea of the overcharging, in a one month period i made 6 payments to Equita totalling just under £3000 on an original debt of £930 (6 x £155 PCN's). From their response to my SAR they claim to have visited my property 6 times (once for each PCN) but I have been charged more than once for the same visit, so their actual visits is probably more like 4. In each of these cases payments were made over the phone. At no point did i sign anything and they never gained entry.

 

I totally accept some of the charges they have applied, the letter fees and the charges for the visits they *did* make. However, I do object to the charges they claim as 'Attendance/Removal fees' which, despite numerous attempts, they have failed to break down and justify.

 

I appreciate your posts 'PSB123', can anyone else suggest next steps (maybe Form 4 complaint) that might help both of us reclaim these excessive charges.?

 

I have just reread your post and it looks as if the bailiff have applied "multiple charges" to your account!!

 

Do you have the breakdown of charges?

[fighting_equita]

Yes, I have a breakdown of the charges and yes they have applied multiple charges. They have charged me, and I have paid three lots of £55.21 for one visit. Amusingly, despite the fact that it's there in black and white on their screen shots, they fail to acknowledge this as an unfair charge.

[PSB123]

I take it Equita should know what a screen shot is? Got a letter back today claiming ignorance and asking me to request a SAR and supply £10.

[Nintendo Pü]

Dont bother sending £10 to a bailiff, the law decides what the bailiffs charges should be.

 

This £10 things is a bailiffs money-[problem] and a delay tactic. They are pretending that asking for a breakdown of costs is accessing personal data as defined under the Data protection Act 1998.

[layer_cake]

I've been overcharged by several bailiffs in the past too. I didn't realise I could reclaim. So given they ripped me off to the tune of £300, its worth a letter or two. So, do I need to pay a tenner for the SAR? Any advice would be very gratefully received. The thought of getting back at these bstds is great! They've made my life hell several times.

[fighting_equita]

Layer cake, although some say not to pay the £10 for the Subject Access Request I have done and would recommend doing so because they then legally have to respond to you within 40 days. (Although, be warned, you probably wont get a reply within 40 days).

 

Also, be prepared to be patient.....it's a very slow and frustrating process...Good luck.