Equita Bailiff & Council Tax arrears

[CAA1977]

Hi There,

 

A while back I posted on here regarding CT arrears and Equita. I managed to set up a payment plan with them, however to my horror on Monday I got a call from the bailiff who had been to my house to collect unpaid fees.

My wife was in at the time with our 4 month old baby and naturally was quite shaken up.

The bailiff called me stating that the full amount had to be paid (2 years worth of CT). I explained that I didn't have that money and that I already had a payment plan set up. The bailiff quoted my car reg and stated he would be returning to levy it to cover the debt.

 

I contacted Equita to find out why the payments hadn't been taken, apparently I should have made manual payments when I know full well I had agreed with them they would take the payment on a certain date.

 

The bailiff has now given me till 14th Oct to find £1000 and will then set up a payment plan again. If I don't get the £1000 then they are going to take the car, what do I do.......HELP!!!!!!!!!!

 

As an aside, I have a log book loan on the car (silly I know) so they hold the reg docs, does this mean that he can not take the car as we are not the current owners of the vehicle.

 

I've been silly in the past and have run up a lot of debt and am now working hard to get it cleared as quickly as possible, but just seems that we take 1 step forward and 2 steps back.

 

Thanks for any advice

[brassnecked]

No he cannot levy or take the motor if it is secured by a log book loan. as they hold the title in the car have you told Equita this? Now there would be a sight for sore eyes, the bailiff being leaned on by a log book loan heavy.....

[CAA1977]

Thanks BN,

 

So does that mean I have to contact the Log Book Loan company and get them to sign a Stat dec, or can I just email Equita and tell them I do not legally own the car so therefore they can not levy it.

 

How do I get the bailiff to hold off next week, I won't be at hom as I can't get the time off work but am worried my wife will have to deal with him.

 

Will writing to Equita requesting a breakdown of fees put the action on hold.

[wonkeydonkey]

Just email equita and tell them it's subject to a log book loan.

Equita will know you set a date for them to take payments and as there is no money in that for them they will have chosen to ignore that date and put you in default.

Start paying the Council direct on line and then write and tell them this is how you will be paying in future, due to Equita's game play.

Have you had Equita's "fees" checked out...are they kosha?????

 

WD

[CAA1977]

Ok, so today was the day that I should've paid the bailiff.

 

I have written to Equita asking for a breakdown of charges and also informing them that they can not levy on the car is it is subject to a LBL so therefore I am not the registered keeper.

 

The bailiff has phoned a couple of times today but I have ignored the calls.

 

What do I do next. My wife is petrified that he is going to come round and take the car, so much so that she has spent the day at her parent's house. I am around tomorrow and I know its illeagal for the bailiff to call on a Sun, however what about Mon when I'm back at work.

 

What happens if he comes to take the car? should I phone him and tell him he can't levy against it? should I just keep ignoring the calls?

 

I've also contacted the council to ask for the outstanding balance and will then be making weekly payments to themselves before asking them to take the debt back.

[ploddertom]

At the time of the supposed levy did he leave you a Notice of Seizure? What documentation do you have from LBL?

 

PT

[CAA1977]

No he didn't, he told me over the phone that he would take the car as payment.

 

I've got the paperwork from the LBL stating about bill of sale etc (it could be the 1 time it's actually come in handy using an LBL)

[ploddertom]

No he didn't, he told me over the phone that he would take the car as payment. - In that case there is no levy on your vehicle

 

I've got the paperwork from the LBL stating about bill of sale etc (it could be the 1 time it's actually come in handy using an LBL) - If you can copy what you have and have printed several copies. If he then attends and tries to levy the vehicle you can hand him a copy, making sure a copy is ready to be emailed to Equita if the need arises.

 

Have you sent off for breakdown of the fees yet?

 

In the meantime you must start making payment for this debt, preferably direct to the Council via online banking, Council website or automated phone - you may have to budget for lawful Bailiff fees.

 

PT

[CAA1977]

Many thanks PT,

 

I've requested a breakdown from Equita & also from Council. Have made a payment to the council tonight and will continue to do so every week and will keep requesting they take the debt back.

 

So, in the meantime I should keep ignoring the calls, and have the paperwork handy just in case he decides to come round, but will naturally not open the door to him.

[brassnecked]

I would park the car away from your property or in a garage, if you have one as it is possible he may clamp the motor before he calls on you,

[CAA1977]

Even though he can't levy on it, will do so but the quicker I can get him off our backs the better!!!! My OH just wants to stay away until he stops bothering us. I feel ashamed that we're in this mess, but glad we're trying to sort it now.

[ploddertom]

The only snag is that this problem will not go away overnight. The only sure fire way of sorting it is to be able to pay off all you owe. In the meantime the best advice is to keep all doors locked and windows firmly closed and if he attends and you speak to him do so through the letter box or an upstairs window and try to record the conversation. The reason for making copies of your LBL docs is that if he does try to levy your car you can provide proof immediately it is not yours - don't forget these people will be told many times a day that certain items are not owned by the debtor and until that proof is provided the levy may well remain valid.

 

Providing you keep him out of your home or otherwise prevent him gaining a levy on goods outside he will eventually get bored when he realises he is not getting anywhere and move on to pastures new. The Bailiff is an expert liar, bully & cheat and will have you believe he can force entry, call the Police, have you imprisoned, have your children taken into care - in reality he is full of hot air and bull s**t.

 

It's difficult I know but please take the time to read a lot more of the threads on here to see what sort of tricks they get up to.

 

PT

[ploddertom]

Forgot to mention - nobody here will judge you, most of us have been there and worse, some even have better than the T-shirt.

 

PT

[CAA1977]

Thanks for the advice,

 

We're holing out at OH's parents for now (as they're away) but I'll be on the phone to CAB tomorrow to see what they say as well. Hopefully the bailiff will get bored soon enough and leave us alone, am more than happy to continue paying the council direct and then hopefully push for them to recall it.

 

Will keep ignoring bailiffs phone calls as well.

[ploddertom]

Remember CAB advice can be variable.

 

PT

[brassnecked]

I go with PT on this, if CAB are not too helpful post back on here