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Equita Bailiffs Council tax, Please, please help!


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I'm writing this literally at my wits end, Im physically shaking and ill with this.

 

I have unpaid council tax, which i hold up my hands as my fault, Myself and my partner were paying things and i lost my job, and had a very tough time finding another making us default on our council tax, they sent it to the bailiffs, we had an arrangement and we stupidly missed a payment(we were sturggling paying our rent as i had lost my job) and we have gt letters saying they are coming to our house to REMOVE goods.

The outstanding amount was £1000 roughly, its now £1400, im guessing their charges.

I got home today to find a Hand delivered letter saying he called at the house and will return tomorrow to Remove our goods whether we are here or not!!!!

Can they remove my stuff if they have never been here or even let in?

 

My marriage has split up over this stress, myself and my now ex partner are sharing the house still as we only recently split over this stress of the bailiffs, Im physically sick with worry from all this, and having to deal with my 7 year marriage failing at the same time and feeling low about not being able to find work.

Im really at my wits end, i dont have the money to pay them, if only they would aceept a payment plan i would do my utmost to pay on time every time, im sorry if this sounds sad and pathetic, but i feel close to giving up with all this, its just too much to handle, i cant pay them what i dont have, if i let them in tomorrow everything i own will go, my ex has threatened if that happens she will be gone too, and the chance of reconsile is out the window, i cannot let this happen. That may make her sound heartless but i can understand it, losing everything would just be rock bottom, if it can get lower than this point that is.

 

I have seen the letter template to send to the council, i will send that tomorrow, but i need to know my rights if they come around tomorrow, im very scared thinking about it.

My ex works, i am unemployed and i am not claiming any benefits, i work from time to time doing odd jobs when i can for some income, and ill knock on every employers door tomorrow and force them to employ me if i must.

 

Every time i call equita they are rude and transfer me to the bailiff who just says i must pay in full, is there no way around this at all?

 

Please please help, i beg you, im truly at my wits end.

 

Im sorry if this sounds sad and pathetic, but its just how bad things are right now.

 

Thank you

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Hi Englishnicholas and welcome,

No. It does not sound pathetic. You are stuck between a rock and a hard place. You are exactly where the bailiff wants you. Vulnerable. maleable. A virtual piggybank.

Please relax a little, your partner also.

What the bailiff wants first and foremost is cash. They will threaten, lie, cajole everyway they can.

If they have not entered and levied then they can only do so by peacefull means. An open window, an unlocked door etc or trick you into letting them in [no, they really don't need to use the loo!].

That gives you time.

[Quick answer, I'll post again in a second]

Best wishes

Rae.

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In the first instance resist contacting the bailiff by phone, he will only insist on demands you simply cannot meet but, given your circumstance you will find hard to resist saying 'yes! I can do that'. You can't.

I presume your partner does not have the earnings of a rocket scientist. And that you don't have a six figure nest egg nor a multi-million pound home. If you have, please let me know and I can go to bed! lol.

You don't work but don't sign on why not? You are seriously stressed, have you seen your GP? Are you on medications? I'm looking for things that can help you...

Rae.

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Ok, I'll assume your post was what I think of as an 'excocet', fire and forget. You posted and went to bed in the hope that tomorrow the world will be a rosier place. I hope it is for you.

A bailiff cannot remove goods if he hasn't made peacefull entry and levied first. Your goods are safe for the time being as long as you deny him entry.

He can levy on goods outside the property so park your car away from home.

The vulnerable category of the National Standards for Enforcement Agents may apply to you as you are unemployed. But proving you are unemployed is the issue - you don't claim benefits.

I would suggest you contact your local councillor first thing in the morning to enlist their aid.

I'm still of the mind that, under all the pressures you are under, an appointment with your GP may be of use.

I'm sorry I won't be back on here until tomorrow night but I trust you will get further and better advice.

The most important thing is that there are things you can do. Please relax, both of you.

Best wishes.

Rae.

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I'm writing this literally at my wits end, Im physically shaking and ill with this.

 

I have unpaid council tax, which i hold up my hands as my fault, Myself and my partner were paying things and i lost my job, and had a very tough time finding another making us default on our council tax, they sent it to the bailiffs, we had an arrangement and we stupidly missed a payment(we were sturggling paying our rent as i had lost my job) and we have gt letters saying they are coming to our house to REMOVE goods.

The outstanding amount was £1000 roughly, its now £1400, im guessing their charges.

 

Ring the Council ASAP and find out how much the Liability Order was for and how much is still outstanding.

 

I got home today to find a Hand delivered letter saying he called at the house and will return tomorrow to Remove our goods whether we are here or not!!!!

Can they remove my stuff if they have never been here or even let in?

 

How many times has he visited you? He cannot break in with or without you being present. He cannot attend with a locksmith for the same purpose. He cannot have you arrested, thrown in jail or any other multitude of things he says.

 

My marriage has split up over this stress, myself and my now ex partner are sharing the house still as we only recently split over this stress of the bailiffs, Im physically sick with worry from all this, and having to deal with my 7 year marriage failing at the same time and feeling low about not being able to find work.

Im really at my wits end, i dont have the money to pay them, if only they would aceept a payment plan i would do my utmost to pay on time every time, im sorry if this sounds sad and pathetic, but i feel close to giving up with all this, its just too much to handle, i cant pay them what i dont have, if i let them in tomorrow everything i own will go, my ex has threatened if that happens she will be gone too, and the chance of reconsile is out the window, i cannot let this happen. That may make her sound heartless but i can understand it, losing everything would just be rock bottom, if it can get lower than this point that is.

 

There is no law that states you have to speak to or deal with a Bailiff. You can however start to make payments direct to the Council using their online system or automated phone line - sending a cheques or calling into the office with cash will meet a refusal probably. If you decide to pay this you must do it a level you can sustain and do it on a regular basis. However much you decide you can afford to pay bear in mind that next years CT Bills are due out shortly to commence on 1st April.

 

I have seen the letter template to send to the council, i will send that tomorrow, but i need to know my rights if they come around tomorrow, im very scared thinking about it.

My ex works, i am unemployed and i am not claiming any benefits, i work from time to time doing odd jobs when i can for some income, and ill knock on every employers door tomorrow and force them to employ me if i must.

 

Every time i call equita they are rude and transfer me to the bailiff who just says i must pay in full, is there no way around this at all?

 

Usual response - do not ring them unless you can record the call.

 

Please please help, i beg you, im truly at my wits end.

 

Im sorry if this sounds sad and pathetic, but its just how bad things are right now.

 

Thank you

 

Hopefully you will have read this before anyone calls to see you. Do not under any circumstances let him into your home - doesn't matter it's raining and him and his paperwork is getting wet he should have brought a brolly. Keep all your doors and windows firmly locked.

 

He doesn't need to use the loo, take any pills or check his granny is OK. He will lie, cheat, blackmail and generally cajole you into letting him in. If no entrance is gained or no levy made on anything outside then the most you can be charged is for 2 Visit fees totalling £42-50 - doesn't matter how many times he come.

 

If you have a car park it well away from your home or lock it in your garage. At the end of the day he wants cash and not goods. If you pay by any means provided earlier then print receipts off to prove they have been made. Eventually he will get bored and move on but not before he has made your life a misery. If he does call then speak to him through the letter box or an upstairs window - if you can video him - that way he may behave.

 

Any problems come back and we'll do our best.

 

PT

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Rae, I'm so sorry, I posted then went to bed, I wasn't ignoring u at all, sorry if u thought that.

 

I haven't seen my gp, and not on medication.

I don't sign on as i sometimes get work for a few weeks here and there, and to be honest didn't expect unemployment to last this long, I've always worked and never yet signed on, maybe it's time.

I didn't expect such a quick response here so once again sorry for not replying quicker.

 

Myself and my ex had a very big argument last night, I can't argue back really as I see totally her side, I need to fix this somehow

 

we rent our house, no nest egg sadly, no savings.

I'm expecting them to come around again today, I just pray that my ex doesn't answer, I did explain but who knows.

 

Ok so list of things for me to do.

 

Shall I print this letter to send to the bailiff and council? The template one?

 

If I were to call my local councillor would he even speak to me? Could he actually help?

 

What else can I do?

 

I'm depressed and to top it off I've got tonsilitus aswell, but I'll be damned if I'm going to do nothing, I need to do something but I need some ammunition from u guys who know the INS and outs please.

 

Any help is greatly appreciated, I'm using the forum on my phone during daytimes so my response time may be slower.

 

Thanks

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Rae, I'm so sorry, I posted then went to bed, I wasn't ignoring u at all, sorry if u thought that.

 

Rae's a night owl and am sure she won't be at all hurt.

 

I haven't seen my gp, and not on medication.

I don't sign on as i sometimes get work for a few weeks here and there, and to be honest didn't expect unemployment to last this long, I've always worked and never yet signed on, maybe it's time.

 

You never know unless you try.

 

I didn't expect such a quick response here so once again sorry for not replying quicker.

 

Myself and my ex had a very big argument last night, I can't argue back really as I see totally her side, I need to fix this somehow

 

we rent our house, no nest egg sadly, no savings.

I'm expecting them to come around again today, I just pray that my ex doesn't answer, I did explain but who knows.

 

Ok so list of things for me to do.

 

Shall I print this letter to send to the bailiff and council? The template one?

 

Can you actually post it on here and we'll take a look - remove all personal details.

 

If I were to call my local councillor would he even speak to me? Could he actually help?

 

Yes - he has direct access to those at the top. You will need to formulate a realistic plan for him to work with.

 

What else can I do?

 

I'm depressed and to top it off I've got tonsilitus aswell, but I'll be damned if I'm going to do nothing, I need to do something but I need some ammunition from u guys who know the INS and outs please.

 

Have a look at my previous post.

 

Any help is greatly appreciated, I'm using the forum on my phone during daytimes so my response time may be slower.

 

Thanks

 

I have to go out but will lok in through the afternoon.

 

PT

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Thanks Ploddertom, I appreciate your help.

 

The letter I was going to send is the template from the bailiff forum, I'm unable to copy here as I'm on my phone and I'm limited to what I can do.

My ex is the real worry right now, I keep saying don't answer etc, but I'm so worried she will as she's ****ed off.

I was told by my neighbour " 4 guys turned up in a White van around 11am, they knocked on the door repeatedly for 10 minutes very hard I was worried the glass on your door would break, one of them then took a ladder(is this legal????) and climbed the your front bedroom windows and knocked and shouted very loudly your name, saying they were equita and to let them in, this carried on for about an hour, they then knocked on my door and asked if I could call him when I see you are at home"

 

I was shocked by this, they don't sound like they will give up easily.

 

Question - even if they see me inside are they then allowed to force entry?

 

The letter they sent to me concerned me, it says they HAVE been inside my house and values my items, and if I'm not there they will remove without me, they HAVE NOT been inside ever, Is this just a scare tactic? It's working....

 

I'm too scared to go home, so I'm searching for work all day then waiting till 9pm to go home so I won't encounter them.

I'm sorry to hassle u with all this, I'm just feeling very confined and alone in trying to fix it.

Once again, any help u can give is more appreciated than u will know.

 

Thanks

 

Nick

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My neighbour is elderly too, I feel awful he had to go through that, all because of me.

I don't want to put any pressure on him he's a sweet old man and he doesn't need any stress, I'm shocked they are asking my neighbours to sell me out though.

I'm also very very worried that if they do break in, my 2 dogs will just run off and won't be seen again, may sound sad but as we were unable to have children our dogs kind of took that role and they mean the world to us, so I'm worried for their sake too.

 

I

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The letter they sent to me concerned me, it says they HAVE been inside my house and values my items, and if I'm not there they will remove without me, they HAVE NOT been inside ever, Is this just a scare tactic? It's working....

 

If they had been in your house to value items they would have left a Notice of seizure of goods and inventory listing the items seized

 

Question - even if they see me inside are they then allowed to force entry?

no they must have been in your home before to force entry

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Hi Nicholas

I know exactly the situation you're in as I've been there myself. It is a truly terrifying experience to have these thugs turn up on your doorstep. Especially if said thugs totally misrepresent their powers, which is what is happening with the Equita bailiff. If they have never entered your home and you have never signed a Walking Possession Agreement (you didn't sign anything did you?) then they are totally out of order in saying they can force entry to your home and take what they want. Do not, ever, allow a bailiff into your home. Avoid even talking to them. Youmay be legally obliged to pay your council tax debt but you are NOT obliged to speak to a bailiff.

 

Try not to panic, I know it's difficult, but the bailiffs really have very little power, if you refuse to deal with them then they have no option than to send the debt back to the council. But, I'm not an expert and there are plenty on this site who are, and who can help you. Stick in there, it'll be fine. Honestly. I didn't believe that at first either but reading posts on this site will give you the knowledge you need to deal with this situation. You just need to know your rights, something the bailiffs would rather we stayed ignorant of.

All the best

Eliza

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Hi English, please don't worry about me - I don't offend easy! I'd figured you'd gone to bed and simply wanted you to wake up to a little good news...

 

Ok, here's your homework for tonight:

 

Write a letter of complaint to the council. Mark it clearly FORMAL COMPLAINT and address it to the CEO. In the first instance you are going to complain about the conduct of the councils contractor, Equita. Remind them that, in accordance with the National Standards of Enforcement Agents their conduct was unacceptable as shown below:

 

Professionalism and conduct of the enforcement agent

 

 

  • Enforcement agents should always produce relevant identification on request, such as a badge or ID card, together with a written authorisation to act on behalf of the creditor.
  • Enforcement agents must act within the law at all times, including all defined legislation and observe all health and safety requirements in carrying out enforcement. They must maintain strict client confidentiality and comply with Data Protection legislation and, where appropriate the Freedom of Information Act.
  • Enforcement agents, for the purpose of distress or execution shall, without the use of unlawful force, gain access to the goods. The enforcement agent will produce an inventory of the goods seized and leave it with the debtor, or at the premises, with any other documents that are required by regulations or statute.
  • Enforcement agents must carry out their duties in a professional, calm and dignified manner. They must dress appropriately and act with discretion and fairness.
  • Enforcement agents must not misrepresent their powers, qualifications, capacities, experience or abilities.
  • Enforcement agents must not discriminate unfairly on any grounds including those of age, disability, ethnicity, gender, race, religion or sexual orientation.
  • In circumstances where the enforcement agency requires it, and always where there have been previous acts of, or threats of violence by a debtor, a risk assessment should be undertaken prior to the enforcement agent attending a debtor's premises.

I have made bold the important bits and underlined the really important bit. Sending four people around is overkill, banging on windows and doors is threatening behaviour. Terrifying elderly neighbours should not be seen as a form of entertainment. [Yes, I'm a little anoyed at the moment!].

 

Then point out that under the same guidelines you come within the vulnerable category:

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

 

Then formerly request that the case is taken back by the council as you are no longer in a position to feel safe in your own home due to their contractors abusive and thuggish attitude etc.

 

 

I'm sorry that your partner and neigbour had this experience but I suspect it has really strengthened your case.

 

 

Copy to Equita.

 

 

Ask your neighbour - if required - would he / she write in support of your complaint.

 

 

Contact your councillor and complain to him / her too.

 

Email your letter to the council tonight and either post signed for tomorrow or hand deliver and get a receipt. If you want help with the letter, paste up yours and we'll help. Alternatively I'm quite happy to write one for you...

 

 

Best wishes.

Rae.

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I noticed this earlier this afternoon and am quite shocked by what has happened. Rae has left some sound pointers for you to follow - even though it is the weekend don't hesitate to contact your local Councillor - that is what he is there for.

 

On a side note even though it is Saturday tomorrow beware of visitors.

 

PT

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Are they likely to come on a Saturday? I was kind of sighing with relief that they might leave me alone on the weekends?

 

Thanks Rae, I appreciate all your help, Youre a star.

 

If at all possible, It would be great if you were able to draft a letter for me, You seem to know a hell of alot more about things than i do and the frame of mind im in at the moment i find it hard to do much, Ofcourse if its no problem for you, Please dont feel you have to or put yourself out for it.

 

Sorry i havent posted much tonight, I just feel super drained, im so tired i just need to rest, The Tonsilitus is killing me, i think maybe brought on my stress too.

 

I will post again tomorrow, Thank you so much for all yoru help so far guys, Think id be lost without you :)

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Hi EN, you're as bad a night owl as I am!

I will happily draft a letter for you but I will do it tomorrow if that's ok. Should be up here by about mid-evening[ish].

Just batten down the hatches for a little while. I know it's not fun and it's a very stressfull situation you are in. But we'll all do what we can for you.

Bailiffs are allowed to call between [from the top of my head, apols] 0600hrs to 2100hrs monday to saturday. But not on public holidays. And they must respect religious holidays of all faiths - ever considered being a jedi knight? ;)

One aspect that weighs heavily on me is your marriage. I don't want to pry. Whilst debt is a dreadfull situation - who amongst us hasn't been in similar circumstances! - perhaps it might be usefull for her to read this thread if she hasn't done so already? To know you are actively seeking help and guidance. I think you both need each other and I wish you both so much love.

As for my time, don't ever feel you impinge. You can't. What little I do to help people I do because that is my nature. And, when finally this period is behind you, I ask only one thing. That is you both ask yourselves this question: What can I do to help someone today?

It's how the world should work...

I hope you both have a good nights sleep.

Best wishes

Rae.

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My daughter is also having problems with this bailiff company. My daughter knew she had some outstanding debts with council tax and was trying to get herself sorted, so she contacted the council to find out how much she owed, they told her it had been passed to equita, she contacted them who gave her the name and number of the bailiff who was dealing with it. My daughter contacted him and was told she owed £406 on one and £404 on another and that she would be likely to go to prison if it wasnt paid, and that one had to be paid off in full, but the other could be paid in instalments. My daughter rang me in tears terrifed at the prospect of going to prison, so i agreed to pay one of these debt off in full, i did this the following week by contacting the bailiff on his mobile.

However, someone advised us to contact the council to find out what the original arrears were, which my daughter did, the arears were £172 and £173, which totals £345,yet the bailiff are asking for £810, my daughter has only ever received 2 letters from the bailiff company and at no time has a bailiff ever attended her property. my daughter is now seeking advice. Has anyone else had excessive charges added to their original debt???

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It willpay you to start your own thread, go here:

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

 

Because of the circumstances I'm positive you'll get plenty of help & advice.

 

PT

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I have had the same problem in the past with Equita, they are a nightmare. After a few attempts and tears I managed to speak to the council tax office and they agreed a payment plan with me but I still had to pay via Equita. Try the council office again (mine was Windsor & Maidenhead) be persistant. Keep all your windows & doors LOCKED - DO NOT LET THEM IN. Good luck, there is a way out.

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A little later than advertised, here is a letter of complaint for you. I suggest you copy it to the Head of Revenues requesting the debt be taken back.

If I have missed out anything, amend accordingly. Likewise if anyone can spot anything important that is missing do let us know...

 

Best wishes.

Rae.

vulnerable - CEO council complaint.doc

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Thanks Kelcou, I have dealt with mine and just finished the last payment today (online). I have made 2 official complaints to the council offices about Equita (they also deal with congestion charge non payment - my friend has had dealing with them re this, another nightmare) I really do think something should be done about this awful company. Thanks again and a great site.

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Hi mollycat, sorry, my post was aimed at the original poster. That said, did you just complain to the council or make a Formal Complaint? It appears the former can be ignored but the latter must be logged...

Equita, I'm afraid, are simply a bunch of thuggish hoodlums in my experience.

Best wishes.

Rae.

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