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Hi guys

 

I am yet another Equita Victim

 

I have 3 liability orders for council tax - 2006- 2007 / 2007-2008 / 2008-2009 accounts referred to Equita.

 

they have charged the usual 1st + 2nd visit fees to each a/c

 

arrangement was made with them to pay them £200 a month (total debt was approx £2600 inc equita charges)

 

Since sorting out all my finances and determined to clear all my debts I rang Equita and we agreed on a arrangement to pay monthly till balance is clear.

 

The arrangement was £200 a month .

 

i paid £1000 off in 5 installments (200 x 5) plus all their costs (about 40 odd pounds per a/c)

 

I failed on the arrangment by not making my november payment of 200..

 

The total owed balance before missing my Nov payment was £1600

 

£1600 also confirmed as principle remaining bailiff balance by my local authority

 

now here is my problem..

 

what happens on 2nd dec ?

 

I rang to pay nov and dec instalment (200 x 2)..

 

call centre said ring the bailiff as my account is with the bailiff.

 

So I did this, the bailiff demanded £2200 !! a jump from £1600 to £2200 !! - the bailiff said reason for this is and I qoute "additional incurred costs and reason for so much is cos I have 3 accounts"! I didnt get very far although i tried to explain i only owed £1600..

 

The next day (3rd dec) - 8.30am - FORM 7 left through my letter box which mentions a car on my drive (belongs to my dad) and mentions that I owe £2200! No entry was made, No entry has ever been made to my property at any occasion nor have i signed anything since debts referred to Equita. I do NOT own any vehicles, I will NEVER let any bailiff in my property, ALL windows and doors are always kept locked.

 

My battle is this £600 increase just by defaulting the arrangment plan, I was determined to clear this debt before this happened but now I will pay Equita £0 + send payments direct to my LAuthority!

 

what shall I do ?

 

email sent to info@equita.co.uk 1 week ago requesting a breakdown of charges + dates etc.. but no response

 

local authority far from helpful,

 

No visits from bailiff since..

 

I want to file a form 4 against this bailiff if they dont remove these illegal charges, I know the bailiff is certified as I have done checks online.

 

I will now be sending in an official SAR request to kickstart my battle // - It will be interesting to see how Equita or their bailiffs can justify the £600 charge !

 

I will fight this all the way..

 

Please support me and all advice welcome

 

Many Thanks

Edited by luk79

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When were the !st & 2nd Visit charges added. All at the same time or different?

 

If your letter from Equita is dated 4 August what has happened to payments since - Sept & Oct?

 

£600 charges - bet a pound to pinch of rabbit doodoos he's added Charges to each account.

 

A week in Bailiff time is not a long time so be prepared to wait longer for a reply if you get one at all. No need at present to file a Form 4 but you could send them a message saying you intend to.

 

Just pay the Council direct in future, Online or automated phone. The bailiff will probably be narked but you appear to have that side of things covered.

 

To get details of your account does not constitute a request for information under the DPA so no need to file for a SAR. Evene if the Council are being arsey they can still usually access your "Bailiff" account to find the details you require - however you may need to speak to someone further up the food chain at the Town Hall.

 

PT


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Hi ploddertom

 

About the 1st + 2nd visit charges on my accounts - Im not sure yet when they were added to my a/c as I have no cost breakdown from them as of yet

 

With regards to that letter dated 4th aug from equita to me - I have edited my above post.. see below

 

I have a letter from Equita dated 4th of August which says I owe £2000 (after aug payment) which is correct!

 

Then in Sept - i made a payment of 200

 

balance owed : £1800

 

Then in Oct - I made a payment of 200

 

Balance owed : £1600

 

Then in nov : PAYMENT MISSED + FILE REFERRED TO BAILIFF

 

Demand on 2nd dec by phone : £2200 !!

 

3rd Dec : FORM 7 posted through my letter box which demands £2200 and mentions my dads car which is on my drive.

 

So the bailiff has basically whacked £600 of charges unlawfully !

 

Even the LA says I owe them £1600 as mentioned in my first post..

 

So you mean no need to send SAR to get cost breakdown, someone higher up in townhall should be able to tell me.. but when I rang the LA they told me request the breakdown from Equita themselves.. I will ring the LA again and see what I can achieve.

Edited by luk79

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I forgot to mention my wife is also pregnant..

 

the LA have said that since its me Equita are dealing with and not my wife, they cant take the debt back under the vulnerable cases..

 

The council tax is now in both our names since we got married this year and moved in with me, this years council tax im paying on time..

 

but these owed accounts were in my name only and my wife was not in the picture then

 

Is this correct?

Edited by luk79

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I forgot to mention my wife is also pregnant..

 

the LA have said that since its me Equita are dealing with and not my wife, they cant take the debt back under the vulnerable cases..

 

The council tax is now in both our names since we got married this year and moved in with me, this years council tax im paying on time..

 

but these owed accounts were in my name only and my wife was not in the picture then

 

Is this correct?

 

I assume therefore that before you got married you had no worldly goods and that to prevent WW3 breaking out your wife has signed a SD claiming everything as hers just in case something untoward happens - like a Bailiff calling?:D:D

 

PT


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you have obviously have been speaking to someone at the council who hasn't got a clue

vulnerable persons apply to yourself and your family

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I assume therefore that before you got married you had no worldly goods and that to prevent WW3 breaking out your wife has signed a SD claiming everything as hers just in case something untoward happens - like a Bailiff calling?:D:D

 

PT

 

Sorry whats a SD ?

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Hi ploddertom

 

About the 1st + 2nd visit charges on my accounts - Im not sure yet when they were added to my a/c as I have no cost breakdown from them as of yet

 

With regards to that letter dated 4th aug from equita to me - I have edited my above post.. see below

 

I have a letter from Equita dated 4th of August which says I owe £2000 (after aug payment) which is correct!

 

Then in Sept - i made a payment of 200

 

balance owed : £1800

 

Then in Oct - I made a payment of 200

 

Balance owed : £1600

 

See that now as it's clearer

 

Then in nov : PAYMENT MISSED + FILE REFERRED TO BAILIFF

 

Demand on 2nd dec by phone : £2200 !!

 

3rd Dec : FORM 7 posted through my letter box which demands £2200 and mentions my dads car which is on my drive.

 

So the bailiff has basically whacked £600 of charges unlawfully !

 

Even the LA says I owe them £1600 as mentioned in my first post..

 

They are not likely to know as yet

So you mean no need to send SAR to get cost breakdown, someone higher up in townhall should be able to tell me.. but when I rang the LA they told me request the breakdown from Equita themselves.. I will ring the LA again and see what I can achieve.

 

You may need to be firm and persevere with them. Don't forget most Town Hall staff are only allowed to see the script and not the rest of the film!

 

PT


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Sorry whats a SD ?

 

Statutory Declaration where she would swear all goods are hers - has to be done officially eg Solicitor - cost £10 max. Mind if she decides to get rid of you....................!

 

PT


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Oh I see now ==> (sd)

 

 

In hindsight i wish i didn't miss that Nov payment, i wouldn't be in this mess today

 

I cant believe that Equita who call themselves certified bailiffs get away with just slapping any figure for a charge and get away with it,

 

I wish I get this sorted asap -

 

Learnt alot from this forum so thank-you all who has been proving a great help directly / undirectly

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shame on you ploddetom putting thoughts into his head that could deprive the bailiff of his levy and van fees on 3 accounts

 

STATUTORY DECLARATION

 

 

 

To: (the bailiffs) (their address)

 

 

 

 

 

 

I (your name)

of (your address)

Do solemnly and sincerely declare that:

the items listed (list them) are not the property of (your friends name) and (reason why they were there) and have always been my sole property

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835 and Section 5 of The Perjury Act 1911.

 

Signature:

 

Declared at

 

On the day of two thousand and

 

Before me

 

A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor having the powers conferred on a Commissioner for OathsBefore me

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shame on you ploddetom putting thoughts into his head that could deprive the bailiff of his levy and van fees on 3 accounts

 

 

That thought had never even occurred to me as I thought it may have been one of my fellow kind who had been inveigled into an insiduous position because of his having fallen on hard times and a kind damsel had given him a lifeline.

 

PT


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Hi there

 

Hold your horses

 

If You've NEVER let the bailiff's IN then they can go BO BO. You DON'T HAVE TO PAY THEM A PENNY.

 

If they haven't received anything for 90 Days - Bill is NULLO BONO and MUST go back to person / court who made / requested liability order.

 

so

 

1) If you still need to deal with Bailiff's - ask for an exact copy of Liability Order - if you haven't paid anything within 90 days COUNCIL MUST TAKE BACK THE DEBT.

 

2) Offer council something -- you can't be sent to prison if you've offered something. If you really CAN'T pay apply for Council tax benefit relief --- while applying all bailiff orders are invalid anyway until a ruling is made as to whether you get the relief or not (including appeals if any).

 

I'd STOP paying these bozos ANYTHING and only deal with the council -- if they refuse to accept the debt just inform them that they have a STATUATORY DUTY to collect the tax and in any case they will be FORCED to take the debt back 90 days from obtaining a liability order.

 

It's a bit of a shame that you've already made some sort of arrangement with these scumbags as this "might" change the legal situation -- I should request more info from the qualified lawyers here or elsewhere.

 

In general for Council Tax you DON'T EVER have to let bailiff's in -- however unless you get relief etc you eventually will have to pay it.

 

in Future NEVER EVER DEAL with a BAILIFF in Council tax matters and above all NEVER EVER let them in.

 

Even though most tax depts at local council are staffed by people you sometimes think would have trouble finding their own bottoms when sitting on the Loo they are still infinitely preferable to deal with than the Bailiff's who without exception are usually just utter scumbags and a--holes.

 

Cheers

jimbo

Edited by jimbo45

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A bailiff cannot apply multiple charges when enforcing more that one Liability Order. He can charge just ONE fee of £24.50 for "attending to levy" etc.

 

I have PM'd you.

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That thought had never even occurred to me as I thought it may have been one of my fellow kind who had been inveigled into an insiduous position because of his having fallen on hard times and a kind damsel had given him a lifeline.

 

PT

Omg, I thought that when I got hitched he said "all my goods I thee endow" and that he took me for "richer or poorer" so I took the lot and have complied with the poorer bit;);)

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*** UPDATE ***

 

More or less the same time I created this thread I sent a complaint email to info@equita.co.uk disputing these unlawful charges of £600 for simply defaulting on a payment arrangment.. (missing a payment), within 5 days I got a letter saying Karen Fowler will be investigating (she works in the complaints dept)

 

After another week I got letter stating the breakdown of all the charges and surprise surpise, the unlawful charges were REMOVED totally and just a single charge of £43 was added for the levy visit.. I was also offered reinstatement of my intial arrangment if I rang the call centre and paid the instalment I missed initially plus Dec installment ..

 

So to conclude, No more bailiff visits if I continue to make payments on time (which i will be doing believe you and me, Infact I will be paying before the date these payments are due.. and hopefully I will be able to clear my debt within 6 months (although it will be leaving me very stretched) and never have to deal with these bunch of cowboys, money robbing loosers ever again !

 

Shame to my local authority who wasnt interested to help me, not even an iota's worth , and my local councillors also ignored my emails , when i pledged for help !!

 

On the plus note, My sincere thanks to CAG - what a brilliant consumer forum!! (I will be making a donation as soon as I can) and a special thankyou to tomtubby (she is awesome!!) + halowich, who gave me their time for their awesome advice !!

 

Merry xmas and a happy new year to everyone and best of luck if you have deal with Equita !!

Edited by luk79

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A bailiff cannot apply multiple charges when enforcing more that one Liability Order. He can charge just ONE fee of £24.50 for "attending to levy" etc.

 

I have PM'd you.

 

Very interesting as this isnt the opinion of the Bailiff co that I am dealing with, can I ask what you said to them about applying multiple charges :-)

 

A little bit of a letter I have just received

 

I appreciate that within your letter you have stated that you will not allow peaceful entry nor allow us to seize goods. I would hope that you are aware that having been instructed to enforce 2 liability orders, your comments would not prevent further recovery action nor fees being applied as permitted within statute for those further attempts unless our client, ****** instructed us to delay or cancel recovery action. To assist further, we do not require your consent to seize goods and in the absence of a walking possession agreement being signed and/or full payment being tendered, immediate removal action and the fees for such is permitted by law.

 

To date one visit has taken place with the outcome being that we did not gain a response, nor had any access to goods to seize. You have incurred £24.50 per liability order for this visit and in so total fees of £49 have been added to your accounts at the point. Attached is a copy of the legislation that permits these fees to be applied.

 

Well done to you LUK79 :-)

 

Hope you have a relaxing christmas now you have sorted it.

Edited by crockie

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I simply told them I owed 1600, why all of a sudden this has risen to 2200 simply by missing a payment, i requested a breakdown..

 

the breakdown stated that i only owe 1643 across all 3 accounts which means the £43 for the levy visit on ONE account

 

so what tomtubby is saying must be TRUE, only a single charge can be applied for visit if they're dealing with multiple a/c's..

 

Create a thread mate and Im sure the likes of tomtubby will offer you their expert advice ! Good luck..

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I simply told them I owed 1600, why all of a sudden this has risen to 2200 simply by missing a payment, i requested a breakdown..

 

the breakdown stated that i only owe 1643 (43 for the levy visit) on ONE account

 

so what tomtubby is saying must be TRUE, only a single charge can be applied for visit if they're dealing with multiple a/c's..

 

Create a thread mate and Im sure the likes of tomtubby will offer you their expert advice ! Good luck..

 

Cheers :-)

 

I have a thread running :-)

 

I was sure that they couldnt charge twice and people have agreed but I could do with knowing how to prove it :confused:

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From what I have heard in on these forums, there was a court case (in leeds I think) where someone disputed multiple charges on more than one account for the same visit.. drop me a PM with your email address and I will forward you the details of the case.. its something tomtubby sent me by email.

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providing they visited for both LO's at the same time they can only charge 1 visit fee.

 

Have you got dates and times fo visits confirmed by them?

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From what I have heard in on these forums, there was a court case (in leeds I think) where someone disputed multiple charges on more than one account for the same visit.. drop me a PM with your email address and I will forward you the details of the case.. its something tomtubby sent me by email.

 

Ahh yes I have that too but then I'm sure someone said the other day that it only applies to parking tickets and not council tax :confused:

 

It's all too confusing and the last thing I want to do is say ha ha ha you are wrong, this letter has suposedly come from an organ grinder not a monkey.

 

I shall disapear back to my own thread now lol, dont want to hijack yours lol

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providing they visited for both LO's at the same time they can only charge 1 visit fee.

 

Have you got dates and times fo visits confirmed by them?

 

They have confirmed in a letter that they have only visited once but that they are allowed to charge twice as there is two liability orders :-x

 

Council Tax bailiffs first visit - where do I go from here

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The "throssell vs Leeds" case punted around on this form is nowhere on BAILII and thus cannot be presented as authority for ruling that bailiffs cannot charge multiple visit fees for simultaneous visits. I have no idea where this theory originated. It could even be somebodys creativeness.

 

Logic would suggest, if a bailiff makes one visit to a an address then only one fee applies. The legislation doesnt provide for bailiffs to charge the same visit twice just because there are more than one liability order at the address.

 

If a bailiff charges two visit fees for one visit, then it could be interpreted the bailiff is charging for work he hasn’t done.


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