Equita bailiff threats

[grimshaj]

my mum has just received a bunch of letters from equita about council tax debt dating back to 2008! apparently we owe them £900. we had the notice of baliffs and then when trying to deal with these ridiculous people, we were given the usual full payment BS, but the only agreement we could come to was half by 31st jan then the rest by end of feb.

previously my mum had spoken to equita and arranged a payment plan, she was asked to make a payment of £75 and then they would set up a steady payment plan. instead she paid it promptly, they lost it and took some serious convincing to acknowledge it and because of this they simply refused to go back to the payment plan and go ahead with full payment and bayliff removals.

reading back through this thread seems like there is definately other options but im beginning to wonder is it worth such a drawn out series of letters and calls. am i stupid to just pay it to avoid threat of further bayliffs and thugs down the phone?

[Tingy]

Forgive me saying so, but yes. It would be stupid to pay the bailiffs. HOWEVER if you can contact the council and find out the genuine amount owed to the council (they will say it's been passed to the bailiffs and they can't help etc.... but they can and should!) then use the online payment system and pay the amount owing direct to the council. This will have two positive benefits. Firstly it gets rid of the debt and secondly, the bailiffs will not see a penny of the money which after what they've put your mum through should give you some satisfaction. Bailiffs won't be happy, but hey ho, they chose to be nasty, lying, cheats in order to earn a living!

[tomtom013]

Hi Grimshaj,

 

I agree fully with Tingy.

 

From my personal experience with Birmingham City Council (BCC) while they have refused to take the debt back they have been forthwith in answering my questions, especially regarding how much the council tax bill was before being sent to Equita. BCC will be able to see any payments you have made on there systems.

You can use BCC online payment system to make future payments. Just make sure you use the Council Tax Ref number applicable to that year/period bill so that it is deducted as such.

With regard to Equita,I never let them into my house, never signed anything and I have kept all communication (barring one phone call) in writing. Is this also the case for you/your mum?

[Tingy]

I got one taken back by BCC last week where they swore they could not do it. It was only when the CEO was threatened with legal action and proof that we could back it up they changed their minds, recalled the debt and wrote off the bailiff's fees! They are swines!

[grimshaj]

Yes, I've phoned the bailiff directly and agreed to half the amount this month then half next month, and we've had the usual threatening letters, no removals or levy's yet. And when we spoke to the council they out right refused to deal with it as it is "out of their hands!"

[Tingy]

Grimshaj,

 

This is important. Whatever you have agreed with the bailiffs, do not pay them one penny. If you pay say £100, £80 will go to their fees and if you're lucky your debt will be reduced by £20. Don't feel guilty about breaking an agreement with them, and do not tell them you're breaking it.

 

Instead pay the money direct to the council either online or using their automated telephone service - they will accept payment this way, and it will ALL go towards reducing your debt to them.

 

If the bailiffs are unhappy, tough! That is not your problem. If they visit, do not let them in under any circumstances whatsoever - they try every trick in the book, save you the embarassment of discussing it in public, need to phone their office, need to use your toilet etc... etc.... Do not let them in. Full Stop! If you have to talk to them do it either through the letterbox or from an upstairs window.

 

Also keep an eye on what the bailiffs do. If they pay you a visit they are obliged to leave a card. The most they can charge is for two visits (£42.50 in total) - if you've got a car that they may levy on, park it either in your garage or a couple of streets away so they don't see it.

 

Pay the two payments to the council directly, then your debt is settled. If the bailiffs have not been paid money, they cannot collect fees from you. They won't be happy, but they don't like people who know their job better than they do.

 

Never again talk to them on the phone unless you are able to record the call and basically pretend they don't exist. I know this is hard as I've been there myself more than once before I learned how to get rid of them. If you ignore them, there is absolutely nothing they can do except make threats. They'll claim they can force entry, take you to court and so on, it is all lies.

 

Just do what I've said above.

[tomtom013]

Sounds good Tingy, I would love a copy of that letter you sent to the CEO

[lordsugar]

All great advice but please bear in mind that some councils state on the paperwork that they can pay bailiff charges from any direct payments, they do it to prevent Tingys good advice.

[Tingy]

All great advice but please bear in mind that some councils state on the paperwork that they can pay bailiff charges from any direct payments, they do it to prevent Tingys good advice.

 

Whether they state it on the paperwork or not, I'd be interested to see the relevant legislation that states they can lawfully do this in reality. What they write and what they can actually do are not necessarily the same thing.

[grimshaj]

Great advice, thank you very much, made my first payment to the council direct online! Let's see how this makes the bailiffs react!

 

Thanks again everyone

[brassnecked]

All great advice but please bear in mind that some councils state on the paperwork that they can pay bailiff charges from any direct payments, they do it to prevent Tingys good advice.

 

I wonder if that is because the council have a firm like Capita running their office for them, as they also are owners of a bailiff company, so *may* try that one, I would think that it would be legally dubious if monies paid directly into a council's council tax revenue account were then diverted by their outsourced office provider to a subsidiary bailiff company for their fees who hapenned to be in the same PLC umbrella imho, others will know more

[Tingy]

Any councils I know and have dealt with employ the bailiffs. The bailiffs make their money from the poor souls that pay up without questioning (as I did three years ago!) - hence my court case now reclaiming charges plus interest!

 

Those who know better sidestep the bailiffs. The bailiffs rant, rave and threaten, but once the debt is paid it is paid. They cannot pursue you for a debt of £0.00! That's why they don't like sites like this.

[night-watchman]

Great advice, thank you very much, made my first payment to the council direct online! Let's see how this makes the bailiffs react!

 

Thanks again everyone

 

Keep paying regularly like clockwork - ignore any "you can't do that's" YOU CAN. If you have to face the bailiff tell him you are paying direct, it's quite amusing to see their bottom lip trembling hehehehe