council tax debt and equita

[suemarie001]

I really need some help as im terrified my hubby and i have has a tuff time over the ast few years as i developed an illness and had to give up my job ... we fell behind wth our council tax and as a result for the last yr or 2 my husband has had an attatchment order on his wages for the council tax .

late december we had a letter from the counil stating we owe around 800 pound for council tax , we presumed this was the 1 that was being payed thru his wages so ignored it . we have now in the last week recieved 2 letters fron equita bailiffs demending the money ... as soon as i recieved them i contacted the council who say the bill was from 2008 and i had to deal with the bailiff now , i imidiatly contacted equita adn arranged to send in a letter explaining things and also with an offer of 100 pounds a month whitch they said ok to , the very next day the equita bailiffs turned up at my house witch was terryfiying for me , they informed me that they would under no circumstances except a payment plan and would give me 2 weeks to pay the full amount or they would return to seize goods ... the amount is now 1080 as they say that its ccosts for this vist and a visit they made on the 5 of january whitch i can guarantee they did not ..i really hope some 1 can help me with this as im struggling to keep my head above water as iv lent money off doorstep lenders to the tune of 130 a week already

[rebel11]

Hi Sue

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[hallowitch]

were they in your house did they levy goods did they levy a vehicle and leave you a notice of seizure of goods and inventory

 

 

you need to get in touch with the council and find out

the date of each liability order

the amount of each

the amount outstanding on the one that has the attachment of earnings

[suemarie001]

no i did not let them in or speak to them as im disabled im always wary of opening the doors when im alone , the council said the liabilty order goes back 2 2008, my car is a disability car and they did not levy the goods ..

[rebel11]

Hi sue

 

You would be classed as a 'Vulnerable Person'. You need to make sure the Council understand this and make any payments to the Council.

 

 

Those who might be potentially vulnerable include:

• 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
  

[hallowitch]

we owe around 800

the amount is now 1080

 

this debt cant be 1080 the bailiff has added £280 in fee when in fact his fees to can be be no more £42.50 and thats only if they have 2 visits 1st visit fee is £24.50 2nd visit fee is £18

as you are disabled you may be classed as vulnerable http://www.dca.gov.uk/enforcement/agents02.htm make the council and Equita aware of this

 

you need to write a Formal letter of complaint to the chief executive of council (his/her name & e-mail should be on there web site) inform him that you are already paying an outstanding debt by way of attachment of earnings ) you have asked Equita to set up a payment plan (don't say how much you offered)which has been refused they will not accept anything other than payment in full

Inform him that Equita have added £280 in fees however The Council Tax ( Administration and Enforcement regulations)1992 (amended) do not allow for this amount of fees to be charged at this stage of enforcement when only 1/2 visit(s) has taken place and no goods have been levied

put him on the spot and ask him to justify why his bailiffs are overcharging vulnerable debtors

offer £50 a month to the council by standing order with a view to increasing this when the attachment of earnings stops

 

never offer more than you can afford and remember the new council tax year starts soon

 

this is a template letter it gives a good basic idea of what you need to be writing you can add/remove amend it for your needs

 

once you write the letter post it up here someone will help you fix it if it needs fixing

Dear Sir/Madam,

Re: Your Reference

 

I understand XXX Council has appointed you to recover my Council Tax Liability arrears for 200x of £xxxx.

 

Firstly I would like to make you aware that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods and I know the fees allowed under statute and when these fees can be applied.

 

Due to my circumstances I am unable to pay this in one payment. I advocate a payment schedule of 24 months with 23 months payments at £xx.xx and the balance of £xx.xx to be paid on the 24th month to cover the principle. I understand this may seem a long time but this is a realistic offer that is affordable to me and will allow me to pay future bills issued for Council Tax without them falling into arrears. A greater amount would cause me real and actual hardship.

 

I am able to pay the above amount on the xx of each month, as an act of good faith I have enclosed the first payment chq number xxxxxx. Please advise how you would like future payments made. My personal preference is payment by Standing Order.

 

It should be noted that I am not at any point refusing to pay this debt but only asking for a fair payment period considering my circumstances. And if you are unable to accept my offer I will place the money aside each month until such a time the council take the account back into their management, when I will make payment of the set aside money to the council.

 

Please also send an itemised statement of account that clearly shows what charges have been added and what for, you are required in statute to supply this information and I look forward to this within 14 days.

 

I am sending the council a copy of this letter and requesting that it be filled with my account for further reference.

 

I hope the above meets your approval and I look forward to your timely reply by letter.

 

Yours faithfully,

[rebel11]

Hallowitch, Good Stuff.

[suemarie001]

i have just contected equita again and asked them to tell me what the charges are for ,i was told that it was 51.00 for the visit whitch they now say was the 1st and the remainder was for the van .. thanx hollowitch il copy out that letter and send it off asap .. at least all this stress is helping me with my diet as iv hardly eaten since friday ... thanx all for the advice il keep you posted suemarie

[hallowitch]

don't copy it out as it is amend it to suite and someone will tweek it for you

 

I hope you told bailiff to do one regarding his fees £24.50 1st visit fee is all you are due they cant charge a van fee without a levy i wish you could have recorded that call

[suemarie001]

iv just had a call from equita saying that the only plan they will except is 100 pounds a month and that is to cover the extortionate costs aswell ... should i stand my groung regarding the costs or except the offer ???? they are ringing me back at 4 oclock

[hallowitch]

Stand your ground there is nothing this bully can do he cant force entry to your home you are not going to let him in he cant levy on your car as its exempt from seizure they been caught out trying to charge unlawful fees

tell them thanks but no thanks you are fully aware of your rights and the fees that he can charge Tell them you will be happy to file a form 4 complaint if they continues to try and blackmail you into accepting the unlawful fees already charged in exchange for a payment plan

 

did you check to see if he is certificated

Edited February 7, 2011 by hallowitch

[seanamarts]

subbing with interest. I wonder the bailiff has read this thread?

[hallowitch]

one of our local councillors calls bailiffs a bunch of unregulated cowboys

I wonder what he would call this as far as I'm concerned

 

iv just had a call from equita

saying that the only plan they will except is 100 pounds a month and that is to cover the extortionate costs aswell ... should i stand my ground regarding the costs or except the offer ???? they are ringing me back at 4 oclock

 

Equita are comliant in allowing there bailiffs to charge unlawful fees

 

I bet you capita administrate the council tax

Edited February 7, 2011 by hallowitch

[rebel11]

Hi Hall

 

Would Sue not be better off dealing with the Council as Vulnerable Person? Can't Council's check before they send details to Bailiffs about Vulnerable Persons?

[ploddertom]

subbing with interest. I wonder the bailiff has read this thread?

 

I certainly hope so

 

PT

[ploddertom]

Hi Hall

 

Would Sue not be better off dealing with the Council as Vulnerable Person? Can't Council's check before they send details to Bailiffs about Vulnerable Persons? Well they can but 99% of the time they can't be bothered. Not being funny about this but a lot of disabled aren't actually classed as "vulnerable" it all depends on their individual circumstances.

 

PT

[hallowitch]

Hi Hall

 

Would Sue not be better off dealing with the Council as Vulnerable Person? Can't Council's check before they send details to Bailiffs about Vulnerable Persons?

 

yes she would be better dealing with the council

The council could(don't know if the should) check to see if the debtor is in receipt of benefits the form they fill in would list the benefits they are entitled to if there is a disability payment and if they are in receipt of council tax benefit then they know the debtor could be vulnerable also the debtors account would show if they were paying of another debt to them if yes this could confirm that the debtor is experiencing financial difficulty as has been for long period therefore sending out bailiffs is only going added to it

The only other way if there is no benefits is for the debtor to inform the bailiffs /council

 

Have a read of this i assume all councils and bailiff firms are aware of it

 

http://www.citizensadvice.org.uk/index/campaigns/current_campaigns/council-tax-arrears.htm

Collection of council tax arrears

[brassnecked]

Hi Hall

 

Would Sue not be better off dealing with the Council as Vulnerable Person? Can't Council's check before they send details to Bailiffs about Vulnerable Persons?

 

If it is a Capita/Equita stitch up the fact the debtor is vulnerable would not even cross their tiny minds in their dash for illicit cash imho

 

In these circumstances lettersand emails to Council CEO, and Head of Revenues, outlining the bailiffs outrageous behaviour, and reminding them that the council is jointly and severally liable for their bailiffs transgressions, with copies to local councillor and MP is a good move

[suemarie001]

hi hallowitch what is a section 4 complaint ? im getting all my info sorted for the 4 oclock call back

[suemarie001]

hi all im posting with good news .... iv been in touch with my local council and told them that the bailiffs were refusing any offers that i made unless i excepted the charges that were put on , the council told me that they had been told that the bailiffs had levyed my car and that the fee,s were justified ... when the council gave me the registration number it wasnt even my car . Anyway the end outcome was that i had a lady call me from equita who opologised and removed all fee,s and set me up with a reasonable payment plan. I want to say a massive THANKYOU for all your help and advice and i hope all the other people who are struggling with bailiffs find this forum and benfit from it as i have thankyou and kindest regards suemarie xxxxxx

[ploddertom]

I'm pleased to hear this has gone well for you. Beware however how they do your payment plan, do not wait much more than a week to chase them up should you hear nothing, be wary of dates they give you and always pay at least 7 - 10 days before the payment is due. In particular allow extra time at bank Holidays. Easiest if you can is a Standing Order.

 

PT