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    • For a number of years a girl has been evading rail fares and giving my name and address also my daughter’s name and address and my husband’s name and address changing his name from Eric to Erica. We have contacted the police before who said there Was nothing they could do. This has happened about eight times with different rail companies each time it involves making a number of calls sometimes having to reason with debt collection agency.  When letters started arriving again with my surname wrongly spelt I returned them with not known at this address. However I then received a letter from the Bailiff with my correct spelling of the name and now also correct date of birth (previously they had the wrong date of birth) and i now know that this has gone to a court and I was found guilty even though it was not me who made the train journey. I have had to apply to the court for the case to be reopened, and I can prove that at the time I was at the opposite end of the country. The date of birth given by the offender was 25 years younger than mine so she’s obviously a younger girl. However I am worried that this will affect my DBS. I work as a carer on minimum wage and cannot afford to lose my job. Apart from which the stress and anxiety this causes every time is immense. I often have to make phone calls using higher than normal cost  0300 numbers to try to resolve this.  Surely the train company Arriva north should have some responsibility for confirming the identity of a person invading a rail fare. It seems that you can just give any name taken from the electoral roll without having to show ID. Would I have a case against arriva for putting me in this situation? It’s also confounds me that when the matter goes to court they then check on a database for the correct spelling of my name and the correct date of birth, and so the first thing that was sent to me with my correct details was the fine from the court. Previous to that there were letters in effect addressed to a different person with a wrong spelling of my surname.I know it is illegal to open letters belonging to another person. Although I suppose I could reasonably expect it might of been for me because the name was out by one letter. I certainly don’t want to pay the £250 fine. This is been going on for some five years.  My daughter has a whole file of letters.  Sometimes train companies have responded by adding a password so that when the person gets stopped they have to give a secret word. But the offender is doing this all around the country and there are many different rail companies involved. However this is the first time I believe it has gone to court
    • Hi Guys.    In 2016 I had a PDL with The Money Shop.   Due to financial difficulty I stopped paying it in January 2017.   Recently out of the blue I started receiving emails from CRS about the debt. They were duly ignored.   Within them was an email about sending me a Letter Before Claim (they didn't) as well as a couple of repeated emails about the implications of a CCJ. They have my address and I haven't moved since the debt was accrued.    A couple of days ago I received a letter from AJJB Law being very disappointed in me for not replying to CRS and telling me that their client is entitled to possibly pursue proceeding without further action.   Usually I would send an IRL claim to InstantCashLoans, but with them in the hands of Administrators that is no longer possible.   Also worth noting that on my credit file the debt is marked as owned by ICL - Trading as TheMoneyShop. This has been marked as 'Delinquent' every month since Jan 2017. There is no default registered.   So, whilst I am kind of sure that I'm still safely in the 'ignore these chancers' category, I was wondering if anyone had any advice on if I should perhaps tackle this in a different way?   Also, if the debt on my credit file is just marked as delinquent when will it fall off, if ever? 
    • These letters relate to very historic  collection/recovery "service failures" concerning current accounts, credit cards and loans   I have not had an account or debt with HSBC since 2008 My gut feeling is that it maybe connected to the use of their fake inhouse  collectors  Payment Sevices (PSB), Metropolitan and DG Solicitory but I will know more when they reply to my letter demanding details
    • Short update.Received an acknowledgement letter from PRA re SAR request. They say the will respond to my request by December 17th 2020.
    • I think I just have to clarify what my site team colleague said above. It's not only a question about being aware – you also must have asserted your rights within the first 30 days. Send them an email straightaway. Refer to your short-term right to reject the vehicle under the consumer rights act and that in view of the defects which have manifested themselves, and you are asserting your right to reject and you are rejecting the vehicle and that they should make arrangements to collect it or receive it from you and to refund your money. You must do this straightaway. Meaning tonight. Don't hang around Even if you feel that you might want to hang onto the car, you should assert the right to reject in order to reserve your position. Once you have done that and come back to this thread and tell us more about it. In particular, who is the dealer? Have you had on exchanges with them about this? What have they said? Where is the vehicle now and what is its condition?   In fact I see the you had the day wrong. You said it was yesterday – which was 1 December. Assert your right to reject now – by email. You don't want to get into some kind of argument about whether it was this day or that day. Put it beyond question and assert your right now. Then afterwards we can discuss your situation
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Earlier today I tried setting up a payment plan with Equita to pay off my Birmingham city council Tax bill off £1,086.24. I offered to pay £100 a month to them which they said was acceptable but I had to make my first payment today.

 

Unfortunately I told them I could make a payment till Wednesday so they refused to put payments on hold till then and told me that I would still be liable for extra charges till I make first payment.

 

Is there any one I can contact to try to get them to wait till Wednesday without commencing any extra action. I am worried as I have previously had them turn up on my door step and levy vehicles on my drive before I have even received letters from them (previous debt) and I currently have a car parked on my drive which I've declared SORN as I'm attempting to sell it to try to raise money to pay of my debts. Unfortunately as car is not insured or taxed I can't move it to different location.

 

Any advice greatly appreciated

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Unfortunately it has been to court although I cant recall having received a copy of liability order from the court or the council

 

I am willing to pay the debt but need till Wednesday to get some money together for the 1st payment together and would have thought that they would have been willing to wait just 3 working days for the 1st payment but the lady I spoke to on the phone hung up on me when I tried explaining this to her.

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May I suggest you ask for this to be moved to the Bailiff Forum - click the little black triangle to the left. This sounds typical of Equita, are you also aware that BCC have outsourced their admin to a company called Capita who also own a Bailiff company called Equita. Have you sent off for a breakdown of the fees incurred to date? Do you know how much the original Liability Order was for>

 

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Thanks for the advice. I'll contact Birmingham council on Monday to let them know that I'm paying and Wednesday and see how things go. I check the original amount owed when I get back home but don't think they've added much on the moment but could be wrong.

 

Thanks again for the advice given by all

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  • 4 weeks later...

On 12th September an Equita ballif hand delivered a letter stating that I had 24hrs to pay of my debt or that he would be back to remove goods. Nothing was levied on this date even though car was parked on drive and he didnt knock on the door, he just put the letter through the letter box.

 

After reading the forum I decided to send the folling letter to Equita's Birmingham office

 

Equita Certified Bailiffs

7-8 Waterloo Street

Birmingham

B2 5PG

 

Ref: Account No: XXXXXXX

 

Birmingham City Council Ref: XXXXXXXXXXXXX

Dear Sir/Madam

 

I understand Birmingham City Council has appointed you to recover my Council Tax Liability arrears for the above account.

 

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 bea applied.

 

I can confirm that I have today made a payment of £100 (+ £3 surcharge)online via your website today payment reference XXXXXXXXXX

 

I also wish to offer to pay £100 per month beginning 28th October 2011 until the Debt is paid off. I have previously attempted to set up this arrangement over the telephone with one of your representatives and was told the amount was acceptable but she refused toset up plan until 1st payment was made. I was unable to make the payment at that time and before I could explain situation the she ended the call.

 

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.

 

Can you please provide me with a breakdown of the charges.

This includes but is not limited to:

 

a - the time & date of anyBailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of theBailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s)the Bailiff(s) was/were certificated at.

e - the date of theCertification.

f – copy of the court liabilityorder

 

This is not a Subject access request under the Data Protection Act S71998 so does not incur a fee of £10. You are obliged to provide thisinformation.

 

I require this information within 14 days.

 

All further correspondence must be done writing.

 

A Copy of this letter will also be sent to Birmingham City Council

 

Yours faithfully

 

 

XXXXXX XXXX

 

 

 

 

 

 

 

Today i recieved the following letter from them. Could someone confirm that the charges look correct.

 

letter can be found at postimage.org/image/2aq8i7b44. sorry did try using attachment feature on forum but kept getting resized really small and I dont have enough posts to add clickable links.

 

It also states on the letter that I need to contact the bailiff directly to negotiate a payment plan but only give his mobile number but from what I can gather it appears it's not a good idea to talk to them on the phone and letters should be used. Should I send a letter to equita office addressed to him or should I bite the bullet and talk to him on the phone ?

 

All advice greatfuly appreciated.

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He cannot charge a fee for delivering a letter. The object of his visit is to engage yourself to make payment or attend your address with a view to distraining your goods. If he never knocked or rang your bell to see if you were in he has only delivered a letter. I assume you were in when he called.

 

BCC use a company called Capita to do their admin including Revenues, therefore when you ring the "Council" you are in fact talking to the employee of a private company. This in itself is bad enaough but Capita also happen to own a Bailiff company called Equita, so it is in their interest to tell you to solely deal with the Bailiff.

 

There is no law to say that you have to deal with or speak to a Bailiff, if you have to all communication should be in writing unless you can record your calls - they are known to suffer from memory loss when asked to recall details of conversations. You can pay the Council direct by online banking, the Council website or automated phone service but you may have to budget for lawful Bailiff Fees. If doing this make sure you pay at a level you can afford & sustain and do it regularly - £10 every Thursday for example. Doing this is sure to upset the Bailiff but so what, as long as you make sure your doors & windows are locked you prevent the Bailiff gaining access to your home or otherwise gaining a levy on anything outside he will move on. This will not happen overnight so be prepared for it to take a little time.

 

PT

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Yes I was home when he stuck the letter through the door. How would I prove that he didn't knock or ring the bell ? and how do I dispute the charge ?

 

I do actually want to come to an agreement to pay the debt but the only contact details they have given for the bailiff in charge of my account is a mobile number which I now refuse to call since I can't record the call. Is sending him an offer of payment via sms safe or should I send a letter to equita office for his attention ?

 

Thank-you for your help

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You could pay into the council directly using the online system, and send a letter to the council and Equita, to tell them this, you would have to allow for lawful fees, of around £42.50, if you can prevent a levy, and you keep the bailiff out

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To make an arrangement with the Bailiff usually means he comes to take a levy on your goods - putting you further into debt. Next stage is usually for them to engineer a default on the account which allows them to add yet more fees plus possibly come to remove the goods they levied upon originally. Much better to ignore the Bailiff and pay the Council direct.

 

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