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Re: previous message - Urgent: I need some help/advice re: Equita bailiff ...


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Apologies for the re-post but the original post doesn't seem to be updating properly.

 

Anyway ...

 

Hi all again, an update:

 

C Tax amount + £24.50 paid via Internet to local council last Friday morning - have a Payment Authentication Receipt email and PDF copy of web page receipt/confirmation.

Sent bailiff a text advising that the bill has now been paid and that documents will be sent to Equita.

Still need to get the Stat Dec witnessed by an appropriate signee (doing this today).

Have an email address for the council's council tax dept. Although, have no email address for Equita and refuse to use the insecure contact form on their web site - does anyone have a valid email address for Equita?

 

Last night, my girlfriend and I arrived outside her house to find the bailiff sitting in his vehicle with an accomplice. As soon as he saw that I had opened the front door and picked up the day's post, he immediately told me 'Oh, ignore that' - referring to the red 'Bailiff Removal - payment due in 24 hours - final notice' letter.

He then said that he was there to speak to her, but asked me about the payment on Friday. I advised him that indeed a payment had been made to the council which covered the cost of the outstanding council tax + £24.50 fee. I did not however, disclose the full amount.

He then advised me that he'd checked over the weekend and 'sometimes, with the way she paid, these things don't show up straight-away'.

I advised him that I could assure him that she has a receipt for the payment - he didn't ask to see this.

 

By this time, his bouncer-like accomplice was standing by the vehicle in the middle of the road with arms crossed - obviously in an attempt to be menacing and intimidating.

The bailiff then approached my girlfriend although I didn't catch what was said as I was making sure the front door was locked.

 

Words were exchanged, although not particularly aggressive until I mentioned that my girlfriend was writing to both the council and Equita concerning all of this.

He asked what was the nature of the correspondence to which I replied that she wants to request a break-down of his 'charges' and to complain about the manner in which she was made to feel intimidated on his previous visit.

The bailiff then proceeded to show me a copy of the original walking possession order stating that the break-down was already clearly shown ie, the split between council tax amount and his 'charges'. I argued that the amount shown could not in any way be considered a break-down.

 

It was clear that the conversation wasn't proceeding as he would have liked and his parting comments were that my girlfriend had 24 hours in which to pay or he'd be back with a locksmith to gain entry.

 

 

Having checked the Certificated Bailiff Register on the HM Courts site, the 'Bailiff in charge' is not listed - what is the significance with this?

 

Also, under the circumstances, clearly, physical documentation won't arrive at either the council or Equita before the 24 hours is up - what action should she take now?

Do you think the threat of returning with a locksmith is a valid threat considering a) the value (or lack of) of the goods he's intending to remove and b) the fact that she doesn't actually own the goods?

 

I suppose the key thing this afternoon is to get the Stat Dec done.

 

Many thanks

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First off any breakdown has to come from the Company and not the Bailiff. He is clearly trying to intimidate/bully/harrass/threaten which if done in a public place could be possibly classed as a criminal offence. His threat of the locksmith is just that. To do that he has to get the authorisation of the Claimant then go before a magistrate and prove that you were wilfully refusing to pay and pretty please could he have a piece of paper to allow him to force entry. This is something that is very rarely given so I wouldn't worry, if he does call again keep up the good work and deny him entry.

 

You could always contact the Council higher ups and complain their contractor is being a pain in the derriere and ask them to call him off, if they refuse you could always remind them they are wholly responsible for any actions he takes and you will have no hesitation in naming the Council as Co-Defendant in any future action you may take.

 

PT

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You have a strong case. Not only have you paid the debt, but the council has coked up in a big way if what you say is true. The bailiff has to be certificated to collect this debt. I would come down heavy on the person in charge of Council Tax and remind them they are vicariously liable. Tell them you have proof that they have used uncertificated bailiffs and ask what they are going to do about it and what they are going to do to make sure it doesn't happen to anyone else. Then start debating compensation!

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Thanks for that Tingy.

 

Unfortunately, as per my other thread and post:

 

I got confirmation that this bailiff is indeed certificated.

 

Called HMCS to advise and query why the database hadn't been updated and was advised that any changes should have been notified by the court.

 

Basically, the list isn't 100% trustworthy so I would advise anyone not to rely on it and make as many enquiries as you can to find out the exact position/situation.

 

 

 

needinfo

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Thanks!

 

I would still phone the council. If I understand things correctly there is no outstanding debt? Yes?

 

IF this is the case, the council are vicariously liable for any actions of the bailiffs as they appointed them. Try to speak to the person in charge of Council Tax Recovery - explain what has happened and that you're scared stiff and ask what they're going to do. Still think compensation may be in order!

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OK, the bailiff has been back this morning and now clamped my girlfriend's car.

She phoned Equita who unhelpfully (go figure) told her that she must deal with him directly - I'm thinking a trip to the council office to speak to someone about this is in order.

Surely, this is harassment?

Also, another green form was posted showing the car on the inventory and THE SAME AMOUNTS AS BEFORE but obviously no signature from my girlfriend.

The LA amount has been paid along with his £24.50.

Attached to this was another red letter with a handwritten note saying 'Balance of £xxx.xx remaining or enforcement of other case will occur'!!!!

What to do?

 

Thanks,

 

 

needinfo

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