Equita bailiff charges for pcn !

[ryanmc0305]

hi all ,

 

i recievved a letter dated 27/5/2011 from equita via the post stating ' REMOVAL NOTICE ' !

so i called equita and was told this account was in the hands of the bailiff and i needed to speak with him so she kindly put me through to him and to be fair he seemed a nice guy . i then asked him how much i needed to pay he replied £356.24. so i said ill try and find cash and call him back . i since have found you lovely people and it seems these charges are steep .

now all ive had is the above mentioned letter and no visits or other letters from them !! ive requested a break down as per previous threads have mentioned , my real question is from the letter ive recieved ...... what stage am i up to with this ?

 

Any and all help will be great

 

Thanks

[hallowitch]

Ive just posted this on another thread

 

a read of this thread it explains how the bailiffs fees are worked out and what legislation it comes under

http://www.consumeractiongroup.co.uk/forum/showthread.php?197308

they can only charge you for 1 letter and 3 visits they must attend your property and leave a notice to say they have called to charge a visit fee

 

the bailiff must also be certificated

 

http://www.consumeractiongroup.co.uk...s-Certificated.....

 

The on line bailiff list is not always 100% accurate you may need to phone Ministry of Justice Public Register of bailiffs on 020 3334 6355

 

you need to ask if he is certificated ,date he was certificated , and the name of the bailiff firm he is certificated to

 

If you have had no visits then all you should is the PCN + the £5 fee + £11.20 letter fee + VAT @ 20%

 

your best bet is to phone him back (recording the call) ask him why the fees are so high as you have only ever received one letter and no bailiff has ever visited your home let him explain it to you (or not) ask him if he is certificated and at what court

 

then come back and tell us what he said

[ryanmc0305]

hello agan,

 

Thanks again hallowitch , ive just called him now and hes saying hes driving and does not have my info to hand ! theres a shock lol ! ive told him ill call him again in the morning and he says he'll have my details. ill update when i hear more .

 

also hallowitch what is the £5 charge for ?

[brassnecked]

hello agan,

 

Thanks again hallowitch , ive just called him now and hes saying hes driving and does not have my info to hand ! theres a shock lol ! ive told him ill call him again in the morning and he says he'll have my details. ill update when i hear more .

 

also hallowitch what is the £5 charge for ?

 

If you have the facility to record the call, use it, as the bailiff is an accomplished liar, cheat and bully. When asked to recall a phone call at a later date, he will have selective memory loss of any agreement or statements he made.

[hallowitch]

£5 is for the councils fee to the TEC for the warrant execution

 

I'm not a PCN expert but any post by tomtubby is the best advice you will receive anywhere on or of this forum (with the exception of john kurse who unfortunately is not a member CAG)thats why i directed you to that thread

 

If it was me i would pay the fees as i stated above because to date you have not had a visit from a bailiff there is every possibility you will already have visit fees for phantom visits that why i suggested you phone and ask recording the call

 

oh yes he does have the info to hand how else does he know who you are, how much the debt is, what address is yours,(watch your car he will also have the reg as its on the warrant) bailiff can enforce PCN from 6am till 9pm i would phone him again and ask if he is still driving and could he call you with info when he stops

[ryanmc0305]

hello again all .

 

i have called him 3 times now recording all calls and i still havent been given a break down of charges ?

it feels like hes avoiding me now ! i was planning to go and see citizens advice tomorrow , is it worth me speaking to them ??

 

Again thanks .

[hallowitch]

phone equita (recording the call)and tell them you have ask the bailiff 3 times now and he cant provide you with a breakdown of charges ask them to provide the information

 

then find out who the CEO of your council is and make a formal complaint to him

 

we tip for you the back office staff at councils are not usually employed directly by the council they outsource this work one of the company's some councils use is Capita Equita is part of the capita group of company's

 

what council is it

 

did you pay this the pcn + the £5 fee + £11.20 letter fee + VAT @ 20% on the letter

Edited June 9, 2011 by hallowitch

[ryanmc0305]

liverpool . he said he will provide it but hes away from his van at the mo. also wen i called equita and ask how much i owe they said they didnt know as the bailiff has all my info ?

[hallowitch]

If Equita don't know (which i don't believe) and the bailiff is being evasive you only have 2 choices pay as stated the pcn + the £5 fee + £11.20 letter fee + VAT @ 20% on the letter (and argue the toss later)before there is a visit from a bailiff because if he visits before you pay he can lawfully charge a visit fee

 

or pay the full amount asked and sue Equita and Liverpool council for the return of excessive fees before there is a bailiff visit increasing the costs

 

 

I would also phone the council and ask the date of the warrant of execution

 

 

Capita run through Liverpool like a stick of Blackpool rock my bet is Capita administrate and enforce parking in Liverpool

 

CAB might be an option some are good some are not so good

[ryanmc0305]

if i emiled them yesterday requesting a breakdown how long will it normally take before i hear anything back ?what difference would asking when the warrent of execution make ? if i call equita and say im making a payment of the amount you say what will the likley outcome be ? what do you mean about capita ? are they part of equita ?

really sorry for all the questions .

thanks again

[hallowitch]

if i emiled them yesterday requesting a breakdown how long will it normally take before i hear anything back ?

 

how long is a piece of string Ive known people wait weeks only to be told that they want a £10 as they class it as a subject access request (which its not)

 

 

 

what difference would asking when the warrant of execution make ?

a warrant of execution has a 12month life span

if i call equita and say I'm making a payment of the amount you say what will the likely outcome be ?

 

well they will try to make you pay the rest and still pursue you for it adding visit fees which means you have to go down the formal complaint route

 

what do you mean about capita ? are they part of equita ?

 

it means that if you speak to the council over the phone you will be dealing with an employee of Capita

 

really sorry for all the questions .

thanks again

 

 

I would start the formal complaint now to Ged Fitzgerald ceo of Liverpool council

Lead officer: Ged Fitzgerald, CEO Liverpool City Council

 

Lead officer contact:

Tel. 0151 225 3260

Email: ged.fitzgerald@liverpool. gov.uk

 

 

 

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?212401

[brassnecked]

Ryanmc0305 Capita are a big company that has it's fingers in many pies, it runs the back office for many councils, it also runs TV Licensing for the BBC, so TV Licence Enforcement Officers are actually salesmen on commission for Capita , but that is another story. Capita have some bailiff companies one being Equita in the same group.. see where this is going now. There may be a suspicion that they will resort to bailiffs first and forget to post initial warnings, to increase their profit If you cannot get any sense pay as Hallow has suggested, and complain to CEO of council, your council leader councillor and MP, copy them a transcript of your recorded calls to show how the bailiff is messing you around, most likely to increase any fees for himself, remind them also that they are wholly responsible by vicarious liability both jointly and severally for any wrongful or indeed unlawful actions of their contractors Capita and the bailiffs Equita.

Edited June 9, 2011 by brassnecked

[ryanmc0305]

great info from you both thank you ! is it worth calling him or should i do if via letter ? is email an option ?

[brassnecked]

great info from you both thank you ! is it worth calling him or should i do if via letter ? is email an option ?

 

Email mark it formal complaint followed up by a snail mail, sent as a signed for letter so you have proof of delivery.

[hallowitch]

simply put if you have not had a bailiff visit for this pcn the most you lawfully owe the pcn + the £5 fee + £11.20 letter fee + VAT @ 20% on the letter

 

Bailiff can only charge for work done to charge a visit fee they must visit your house and leave a notice to say they have called if the bailiff is quoting you £356.24 he must know where the charges came from

 

I know its a pain but phone him again and ask exactly what the £356.24 is for if he tells you the pcn + the £5 fee + £11.20 letter fee + VAT @ 20% on the letter and a visit fee or 2 ask him to confirm if he was was the attending bailiff and on what date did he visit and at what time

tell him he gives you the info today or you you will be making a formal complaint Ged Fitzgerald ceo of Liverpool council and it may result in a form 4 complaint

against him (the bailiff) a form 4 is a serious matter as a bailiff can lose his certificate i am not telling you to go down this route but it may just be enough to think ohh sxxxe i better tell him something

[ryanmc0305]

hes finally just called me back and said he can knock £72 off the bill.he also said there is a £160 out on enforcement fee ? i redorded the call and told him all the info and charges you guys told me and he said your wrong ? he also admitted he has never called out to my home !! any idea what a out on enforcement charge is ?

[brassnecked]

Is the bailiff attempting to charge an unlawful fee here?, possibly for an attendance to remove/visit without there having been a visit? Others will know more

 

I am unsure where he is trying to ground the £160, but remember he will tell you black is white and water is dry if it is contrary to any conflicting advice. It is a good job you have recorded the calls.

 

Deleted some of the above hallow has provided better links below

Edited June 9, 2011 by brassnecked
better links from hallow

[ryanmc0305]

brassnecked you havent left a link ?

[hallowitch]

there is no such thing as an £160 out on enforcement fee

 

there are visit fees

levy fees

attendance to remove fees this fee can only charged after a valid levy on goods

 

Bailiffs are governed by the the distress for rent rules 1988

 

regulation 10 of these rules state

Fees, Charges and Expenses

 

10. No person shall be entitled to charge, or recover from, a tenant any fees, charges or expenses for levying a distress, or for doing any act or thing in relation thereto, other than those authorised by the tables in Appendix 1 to these Rules.

 

appendix 1 for a PNC being The Enforcement of Road Traffic Debts (certificated Bailiffs)(amendment) Regulations 2003

 

 

no visit and you conformation of this recorded pay what i said and make a formal complaint to the ceo

[hallowitch]

http://www.equita.co.uk/LinkClick.aspx?fileticket=r0du9hZ12t0%3d&tabid=202

 

original

 

http://www.legislation.gov.uk/uksi/1993/2072/contents/made

 

amended

http://www.legislation.gov.uk/uksi/2003/1857/contents/made

[ryanmc0305]

sorry to pester you again, i am about to send a e-mail to ged fitzgerald of liverpool council , is there any standard email on this site ? im not to good with words ?

[hallowitch]

there not a standard letter as Evey one is different

 

head your letter Formal Complaint

 

outlaying that you received a letter from Equita regarding an outstanding PCN you phoned Equita who transfered you to bailiff Mr xx who informed you that you had to pay £xxx this being the PCN and his fees he could not explain at the time what the fees entailed

after making 3 calls to him he Finlay called you back and said his fees are an out on enforcement fee £160 (explain why he is removing £70) he confirmed that he has not visited your home under The Enforcement of Road Traffic Debts (certificated Bailiffs)(amendment) Regulations 2003

the most you lawfully owe the pcn + the £5 fee + £11.20 letter fee + VAT @ 20% on the letter

 

ask him if it normal for there contractors Equita to charge fees for phantom visits and fees that are not set of legislation as you doubt very much that only your debt has been singled out for phantom visits ans unlawful fees

[hallowitch]

out on enforcement fee £160 thats a joke i would like to be a fly on the wall when they try to explain that fee

 

you do know the bailiff will deny it makes my boil it does

 

ask the CEO if after your complaint has been upheld if he intends to send a form 5 to the court that issued his certificate tell him you understand the council don't have to as its voluntary but you feel the severity of your complaint warrant's it

[ryanmc0305]

if he replys to me that is !! how would you aproach the bailiff telling him im not paying the £160 ? i was going to go to the soliciters tomorrow and try and get some advice also ?

[brassnecked]

if he replys to me that is !! how would you aproach the bailiff telling him im not paying the £160 ? i was going to go to the soliciters tomorrow and try and get some advice also ?

Hallow if ryanmc has the money would it be worth paying the calculated amount in using the online payment system if it is possible, then printing a receipt, to show the bailiff if he turns up and tries to justify/add more fees?