Equita PLEASE HELP

[saxman]

I have Equita at the door I owe them (apparently) 391 I am on income suppport I have offered to pay ten pounds a week until i start my new job in June and the Baliff said you r having a laugh and told me the collections van is on its way and its goin to cost me antoher 140 quid what are my rights Please help!!!

[saxman]

I wont let them in and I have my son here and he is 8 and they have scared him bigtime!! PLEASE HELP

[hallowitch]

has the bailiff gone are you OK

[lets fight bailiffs]

Can you tell us what the debt is for please,

 

LFB

[saxman]

it for a parking ticket I have only had one letter through from them they reckon I have had 5! which is lies I really am being straight up here i have only had one which when I pointed this out to him he said **** off! I told him he can only charge £11.30 for a hand delivered letter then he started saying I dont care the van is on its way and its goin to cost you another £140. My son is with me I am a single parent and he is scared Im in bits!

[High Court Enforcer]

He cannot force entry to your property. Lock the doors and windows and contact the council.

[lets fight bailiffs]

Dont let him in and dont talk to him at all.

 

take time with your son and take him away from it (upstairs if you can) you do not want to deal with this in a state.

 

do this then come back on when he has gone.

 

when you come back can you tell us if you have received court papers as yet.

 

LFB

[ploddertom]

it for a parking ticket I have only had one letter through from them they reckon I have had 5! which is lies I really am being straight up here i have only had one which when I pointed this out to him he said **** off! I told him he can only charge £11.30 for a hand delivered letter then he started saying I dont care the van is on its way and its goin to cost you another £140. My son is with me I am a single parent and he is scared Im in bits!

 

I don't know a lot about parking tickets and their due processes so can't be of much help there. Hopefully someone who does will be here before too long to help.

 

However the basics are always the same. Keep your doors and windows locked. Don't let him in when he comes - he doesn't need the loo, glass of water for pills, use the phone to see if his granny is OK and any other multitude of excuses he may try.

 

I appreciate it will be very intimidating and would suggest you go out to a friends, relatives or shopping centre until later today. He cannot force entry, bring a locksmith or the Police. he cannot arrest you or take your child from you.

 

There is plenty of help and advice here and you will not be prejudged at all.

 

PT

[saxman]

I have not recieved ANY court papers as yet

[saxman]

thanks plodder i really appreciate it Im goin to get out and get my son over to a friend asap. I will still reply to threads via my phone any help is SO appreciated thank you all

[saxman]

does any one know what my rights are as regards making an offer to them? I genuinely cannot afford anymore than I have offered.

[lets fight bailiffs]

how did you find out about the fine?

 

you must tell us this before you pay anything to anybody.

 

from what i read in your first post is sound like you did not know anything about it before the bailiffs letter.

 

LFB

[lets fight bailiffs]

I will tell you your rights, However we need to know a few more things first in order to give you the best advice.

 

LFB

[tomtubby]

does any one know what my rights are as regards making an offer to them? I genuinely cannot afford anymore than I have offered.

 

There is NO legal authority that states that the bailiff may come into your hgme.

 

If he does come in...this is because you have INVITED him in. He can call the police and there is NOTHING anyone can do.

 

He will be looking at removing or clamping a car. If the car is not at your home, again he can do NOTHING.

 

Equita would NOT have sent 5 letters ..in particular becuse they can only charge for sending ONE!!

 

If you have not received the PCN/ or Notice to Owner or any other statutory notice then it could be that these were either incorrectly addressed or that they had gone to a previous address. If this is the case, then you will need to file an Out of Time Declaration with the Traffic Enforcment Centre using a TE7 and TE9 Form.

 

Ask the bailiff to see a copy of the Warrant of Execution. He MUST provide a copy and ask to see his bailiff certificate. NOT his ID card !!

 

Please do post back with any questions.

[lets fight bailiffs]

Please do follow Tomtubby's advice as that is where i was also going.

 

LFB

[saxman]

tomtubby, appreciate your help i have just got back from dropping my son of and hiding my car! I live in a shared house and and have a shared letter box I have only one letter from the council which is a "unpaid penalty charge" from Southampton City Council Can

Edited February 19, 2010 by saxman

[High Court Enforcer]

If he does come in...this is because you have INVITED him in.

 

TT, the bailiff does NOT have to be invited in.

 

I know you're trying to help but please stop telling people this!!

 

He can open an unlocked door or climb through an unlocked and open window. If the debtor opens the front door and then walks off to get something he can walk in too.

 

Each of the above are perfectly legal and considered peaceful entry!!!

[tomtubby]

TT, the bailiff does NOT have to be invited in.

 

I know you're trying to help but please stop telling people this!!

 

He can open an unlocked door or climb through an unlocked and open window. If the debtor opens the front door and then walks off to get something he can walk in too.

 

Each of the above are perfectly legal and considered peaceful entry!!!

 

HCE.

 

You are of course correct. Peaceful entry being the key word.

[saxman]

I have contacted the Traffic Enforcement centre and I am providing a "out of time witness statement" to the council to get them to take the debt back from the bailiff. I hope then that I can get this settled. any body had any experience of this?

[wonkeydonkey]

TT, the bailiff does NOT have to be invited in.

 

I know you're trying to help but please stop telling people this!!

 

He can open an unlocked door or climb through an unlocked and open window. If the debtor opens the front door and then walks off to get something he can walk in too.

 

Each of the above are perfectly legal and considered peaceful entry!!!

 

You are of course quite correct and shows how ridiculous the laws that govern your industry are, which of course is in main the reason we have need of such good forums like cag.

 

If I decide not to imprison myself in my home with locks and bolts on every entrance I would consider anyone entering without being invited to do so, to be uninvited be that peacefully or otherwise.

 

In the event of a bailiff calling at the wrong address or attending on the wrong person or attempting to enforce on a debt that has been satisfied (and before you deny this happens then you are able to read for yourself here on cag it occurs quite frequently) it shows quite clearly the ridiculous suggestion that my home is open to all, which of course we all know is not the case.

 

WD

[Jamberson]

I have contacted the Traffic Enforcement centre and I am providing a "out of time witness statement" to the council to get them to take the debt back from the bailiff. I hope then that I can get this settled. any body had any experience of this?

 

Yes.

 

What you are doing is challenging the warrant on which the bailiff is acting. You will be required to state on the forms why you did not file in time - which is presumably because you did not get the relevant documentation. Don't mention the letter you did get (unless it was from bailiffs) or they will take the view that you should have dealt with it sooner.

 

The Council can, if they choose, reject your case and you are back where you are today. However if they do, you can contest their rejection too, which entails filing an N244 with a view to having a hearing before a court officer - he/she will decide whether to allow your case to be reverted back.

 

If it comes to that, you will have to pay (£75 I think) but if successful, you can claim costs and recover it.

 

First things first - get your witness statement submitted asap. Meantime, the bailiff can still act so continue as you are - don't let them enter the building and keep your car hidden.

 

(Incidentally they do not have to accept any form of payment plan if they do not want to.)

[lets fight bailiffs]

(Incidentally they do not have to accept any form of payment plan if they do not want to.)

 

as set out in the regulations a bailiff must not refuse a payment plan if it is reasonable amount and £10 per week in your case is more than enough because if it was to go to court and the judge found that you had made this offer and was refused and they had told you that they were going to add a van fee he would not be happy at all, the usual amount would be half that if you was fill out a means form for the court.

 

what you must also inform them is the fact that you are classed as Vulnerable as you are on your own and un-employed.

 

LFB

[Jamberson]

The fact that a judge would potentially be unhappy does not compel them to accept an offer.

 

If you are in posession of capital (a car) you have assets and cannot rely on a plea of inability to pay.

[hallowitch]

if the offer to settle the debt is one that no reasonable creditor would refuse.

 

I know that the statement above(from a LGO) has nothing to do with this situation however in my opinion it goes to show that councils should not be refusing a reasonable offer to settle a debt and then take further enforcement action (the removal of goods)

[hallowitch]

Income Support & Job Seekers Allowance

 

NOTE: This letter can be adapted to suit your own circumstances and could be used to advise the company that you are in receipt of income support or income based jobseekers allowance and that you wish for your arrears of Council Tax to be deducted at source from your benefits and requesting that the account is returned back to the local authority. You should provide a photocopy if possible, of either your benefit book or confirmation of your entitlement from the benefits agency.

 

—

To: Bailiff Company

Date:

Dear Sirs,

Re: Account reference.

I refer to your letter dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of arrears of council tax.

In your letter you state that you will be visiting/returning to my home to

(seize/auction etc my goods.)

unless full payment of

(enter amount)

is made by return.

The purpose of this letter is to advise your company that I am in receipt of

(income support/jobseekers allowance)

and am enclosing as proof, a copy of

(payment book/letter from benefits agency.)

I am informed that deductions can be made directly from my benefits to pay my arrears of council tax. This is provided for in the Council Tax (Deductions from Income Support) Regulations 1993.

For this reason, I would like to request that this account be referred back to

(local authority)

(local authority) so that the relevant forms can be completed.

I am also aware that once deductions are in place, Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992 expressly forbids any enforcement action.

As I have now made you aware of

(my/our)

circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the County Court

Could you please confirm safe receipt of this letter, a copy of which is being sent to my local authority.

 

Yours Faithfully.