Council Tax and Equita Bailiffs attending my home

[natty123]

Hello,

 

I am after some advice I have recieved letters from Equita Bailiffs regarding a council tax liability order for the sum of £213.65.

 

I have a newborn baby and basically forgot to call them to arrange a payment plan.

 

I returned home to find a Bailiff Removal letter dating 28/06/2011 15:00 stating the bailiff attended my home with the intent to remove goods and will do so in my absence and I have 24 hours to pay the amount in full and so on.

 

I am not too sure now as to proceed as I cannot pay this amount in full and I believe they are also now going to charge for visiting fees. I did try to call Equita to sort something out but the automated system provided the number for the bailiff in charge who did not answer my witheld number calls.

 

I have read some posts where it advises not to call them at all, is it really a no no to call to try to arrange something I do not want them to have my number though.

 

I will under no means let them in my property either, and I will request a breakdown of charges before I pay a penny can this request be done over the phone too? bearing in mind my mobile can't record calls.

 

As I live in a flat, within a block, on the fith floor unlifted . I have no goods outside of my home and they cannot access my flat even if my windows were open. Funnily enough I was at home and do not recall anyone trying to gain acess to my flat at all.

 

Can they charge me with van fees even if they have not been inside my home to say what they are coming to collect?

 

Please advise I would prefer to just pay Westminster Council and not stupid Equita

[fork-it]

I wouldnt take too much notice of the bailiffs.

 

You can pay the council tax online. Just leave the bailiff hangoing around outside if he buzzes up to your flat. Call police if a bailiff threatens you with anything.

 

The only fee a bailiff can charge is the statutory £24.50. Colecting it is his problem.

 

You are pregnant, a vulnerable person means http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

If you need help from a professional body in dealing with bailiffs then Z2K might be able to help. http://www.z2k.org/supporting-vulnerable-households

[dx100uk]

and no they cannot force entry

all just hot air.

 

dx

[tomtubby]

I wouldnt take too much notice of the bailiffs.

 

You can pay the council tax online. Just leave the bailiff hangoing around outside if he buzzes up to your flat. Call police if a bailiff threatens you with anything.

 

The only fee a bailiff can charge is the statutory £24.50. Colecting it is his problem.

 

You are pregnant, a vulnerable person means http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

 

If you need help from a professional body in dealing with bailiffs then Z2K might be able to help. http://www.z2k.org/supporting-vulnerable-households

 

Fork-it.

 

As you may know, Z2K are an excellent organisation but they do make it clear that they assist individuals who are clearly very vulnerable indeed, many of their clients are living in emergency accomadation, or hostels or where the individual is disabled.

 

Also, they only assist individuals who live in London.

 

The following is their post from 2009:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?232988-Zacchaeus-2000-Trust-(Z2K)

Edited July 1, 2011 by tomtubby

[Leakie]

Hi Natty123

 

I have just been through this with Eqita

just an observation,The letter you recieved was it posted through your flat door

or was it actuly delivered by the postman,

 

The reason I asked is they sent me a few letters and one claimed to be hand delivered, but the postman was the one who handed it to me.

 

Leakie

[photoman]

Natty123,

 

I've recently been through a similar experience.

 

Equita claiming to have made numerous visits, and also claiming to have performed a levy.

 

 

1/ In the first instance, I would advise that you do not speak them on the phone at all. They are slippery as a fish, and will try to get you to agree to an arrangement that will probably be unreasonable.

ONLY DEAL WITH THEM IN WRITING.

 

2/ Does their total claim include their own fees ? You should write tho them and request a breakdown of account.

 

3/ If their breakdown includes any levy fees, then you should contest such by requesting a copy of their levy, with an itemised breakdown of any items they are claiming to have levied upon.

They cannot claim to have performed a levy if they have not actually acquired access to your home, or been able to find a vehicle you own.

 

4/ They can only charge sums such as removal, attendance, storage, auction costs etc AFTER they have actually performed a levy.

Until such point the maximum they can charge is £24.50 for the first visit, and £18 for the second. They CANNOT charge for any further visits, and CANNOT charge any other fees or costs.

 

5/ Take care if you own a vehicle. Park it away from your home. If they claim to have performed a levy on a vehicle that you do not actually own, then their is a sticky dealing with this issue at the top of this forum.

 

Best regards and luck.

 

PM

[photoman]

If they send you a statement of account, and it includes a "levy fee", then send them this:

 

 

 

 

 

In response to your letter of XX/XX/11.

 

Thank you for the information provided, and the statement of account.

 

I note that the account breakdown includes a charge for a “Levy fee”.



 

I strongly refute your claims of having performed any such levy, so if you contend otherwise then you MUST provide me with the following information :


 


1/ The time and date that such levy was performed and by whom (the bailiffs full name, and the county court where the bailiff was certificated).

 



2/ A comprehensive itemised list of exactly what items were levied; detailing said items by description, make and model, serial number and estimated value. The inventory must detail individual items and not include "catch all" items purporting to cover goods not specifically listed. I also remind you that an agent must not purport to levy on goods to which no physical access is available.

 

3/ An explanation of what measures were taken to ensure that said items levied were actually solely my own possessions, were not owned fully or partly by any other party, nor hired or leased, and also what measures were taken to ensure that the total value of such levy did not exceed the total value of your claim.

 

4/ An original of any agreements or ‘walking possession” I have ever supposedly signed as a result of any such visit.

 

I have on no occasion ever granted any of your agents physical access to my premises.

 

Therefore, if any of your agents purport to have otherwise acquired access in order to have performed any such levy, then such an invasion would have been a clear act of trespass, upon which I would take appropriate legal action.



 

I have also never signed any agreements, walking possession orders or indeed any other paperwork presented by any of your agents. If you claim otherwise, then I demand that you provide me originals of such, so they may be subjected to scrutiny in order to determine their authenticity.

 

Yours Faithfully.

 

 

YOUR NAME

 

 

(PS: I suggest you send it by recorded delivery, so it's harder for them to claim they've never received it)

[fork-it]

I appreciate your best efforts, but you really must keep your letters brief. No essays.

 

Im not intending to be negative, as I too want you to achieve your goals. But this is how I would go about the above letter.

 

 

Dear Sir,

 

REF: XXXXXXXXXX

 

 

1. You have charged a levy fee. Regulations do not provide for you to charge a levy and there is no contract between us that enables you to charge fees in this way. I'm afraid I cannot accept your levy fee.

 

2. Please provide the bailiffs name, and the name of the court that issued his bailiffs certificate.

 

(dont bother asking for a list, thats not your problem)

 

3. A copy of the walking possesions agreement showing clearly my signature.

 

Nothing in this letter asks you to disclose personal information about me or another as described in the data Protection Act 1998.

 

This letter is delivered by Royal Mail and deemed good service on you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility this letter is handed to the relevant person within your organisation.

 

Yours truly

 

 

 

 

DO NOT send by recorded delivery. Get a stamped certificate of posting at the post office counter.