Equita letter through my door - Urgent help please!

[Subliminal Sam]

I have just returned from working away today and have received the following letter whilst I was away - it's dated 12 August. A background to the debt. I owed Council Tax (around £1,700) and, prior to going away, I paid the local council £700. I owe around £1,000 prior to any additional charges. I could pay around £150 to Equita today and £100 per month to clear balance. Should I offer this? This is the only contact made by the bailiff. The letter reads as follows:

 

DELIVERED BY HAND

BAILIFF REMOVAL

Payment due in full - 24 hours

I have attended today with the intention of removing your goods and chattels as are necessary to discharge the outstanding Council Tax Liability Order and any Enforcement Costs incurred.

PLEASE NOTE - No further arrangements are acceptable and payment is now required in full by CLEAR FUNDS ONLY.

I will re-attend at your address with immediate effect and may REMOVE goods even in your absence. Should you wish to avoid this distressing course of action contact me immediately on the telephone number below to arrange prompt payment of your debt.

NO CONTACT WILL BE TAKEN AS YOUR REFUSAL TO PAY

 

(Mobile number and registered office address supplied - no office telephone number or email details) They do not specify the outstanding amount of the debt either.

 

Any advice will be gratefully received as I am very concerned about what I should do if they come knocking at my door.

 

Thanks.

Edited August 26, 2011 by Subliminal Sam

[tomtubby]

PM sent to you.

[Subliminal Sam]

PM sent to you.

 

Thanks for PM. I have responded. Hopefully someone can advise regarding my actions regarding this bailiff please?

[ploddertom]

Just ignore. Providing you deny him access to your home or otherwise prevent him gaining a levy or seizing goods outside - most notably a motor vehicle, then there is not a lot he can do. After all there is no law that says you have to deal with or speak to a Bailiff. You will of course have some Bailiff fees but providing you do the above these will be limited to £42-50 in total. There is nothing to prevent you paying the Council direct via their website or automated phone, but remember you may have to Budget for some fees..

 

PT

[Subliminal Sam]

I have now received a letter from Equita dated 25 August. It states that "a Liability Order has been granted by the Magistrates. We therefore require the sum of £1,300.90 by return of post. Failure to discharge this debt will result in our bailiff calling without further notice to enforce the order by seizing your goods and chattels which will then be sold at Public Auction. This will involve considerable additional costs which will become payable by you." Are they just trying to bully me or have they now got more powers due to a Liability Order?

 

I can probably clear this debt this week. I do not want to pay any excessive bailiff's fees though. I will contact the Council directly to pay the outstanding Council Tax but am I right to assume that I only need to pay an additional £42.50 to the bailiff? If that is the case should I pay the additional £42.50 to the Council and tell the bailiffs to whistle for the rest, if it turns out that their charges exceed £42.50?

 

Thanks.

[king100]

If only visited once then £24.50 , how was 2nd letter received?

[Subliminal Sam]

If only visited once then £24.50 , how was 2nd letter received?

 

Only one visit to the best of my knowledge. The second letter was received in the post. Do I ask Equita for a breakdown of costs or the Council?

 

Thanks

[wonkeydonkey]

You currently owe the Bailiff £24.50 so Contact the Council and the usual

 

How many liability orders they hold

What periods they Cover

How much is owed on each ( your debt to the Council is this total + £24.50 Bailiff fees.)

When they were passed to the Bailiff.

 

WD

[Subliminal Sam]

All sorted now. Their fees were £24.50. I have paid the debt in full. Thanks for all your help.

[king100]

Who did you pay?

[Subliminal Sam]

Who did you pay?

 

I paid the bailiff - on the specific instructions of the Council. I tried to pay the Council but the lady on the phone told me to make the payment to the bailiff, which I did over the phone. Is that wrong?

[wonkeydonkey]

whoops ...you have now given them your card details .........lets hope they do consider the action terminated or you could find they get a hunger for further fees.

 

WD

[outlawla]

I paid the bailiff - on the specific instructions of the Council. I tried to pay the Council but the lady on the phone told me to make the payment to the bailiff, which I did over the phone. Is that wrong?

 

I know this is too late for you now, but I still think it is worth emphasising that the lady on the phone at you council, or the lady at any council for that matter, will have been handed this script from her manager. Or, more specifically, she will have been told to lie, and insist that the authority can not take payment once the case has been passed to the bailiffs.

 

They are talking complete rubbish and in a situation like this you may find that asking the lady at the council to put in writing that they are refusing an offer of payment to settle your council tax liability, they might view the situation differently. They can not refuse payment, especially if you pay funds directly into the council's bank by means of internet banking for example.

 

You shouldn't take no for an answer where the council are concerned.

[brassnecked]

whoops ...you have now given them your card details .........lets hope they do consider the action terminated or you could find they get a hunger for further fees.

 

WD

 

It may be worthwhile in view of the possibility for phantom fees and maybe unauthorised use of your card by bailiffs to contact the bank for a new card, and make future payments direct to the council using their online system, allowing for any "lawful" fees at the end to clear the debt, which appears to be £24.50

[tomtubby]

The bailiff demanded a sum of £1,390 when you have stated that the debt is ONLY for approx £1,000. On the face of it this would indicate that the bailfif is attempting to trick you into paying approx £400 MORE than is due. THIS IS SERIOUS. Have you written to the council about this?

[brassnecked]

As per tomtubby, it's Formal Complaint time, as the bailiff is clearly inflating fees PRIOR to any visit, the first of which entitles him to £24.50 only imho, which you have paid.

 

They may feign ignorance, and still turn up even though you have paid in full. so keep an eye out for a couple of days.

[king100]

Cancell your card if you paid over the phone, have you checked online to make sure bailiff took correct amount??