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After realising just how bad things can get for people through reading these forums, I wanted to share a tale that ends pretty well.

 

 

My daughter, for the past few years has had an arrangement to pay her CT at the end of the month rather than on the 8th/15th as per norm for our council. She has never had any problem with this arrangement.

 

 

She spoke to the CT collections in December 2011 asking for an extension as she had been off work ill due to finding a lump in her breast and they agreed to defer Decembers payment to February (normal payments being due from April - Jan inc). Whilst on that call, she asked if she was still ok paying at the end of the month and was told yes.

 

 

So, April she made a payment and in May recieved a summons for non-payment. She rang them from my landline and explained about her arrangement and told them she had made Aprils payment.

 

She was told there was no record of her arrangement and they couldn't recall the summons unless she made full payment there and then. She didn't have 900.00, so she asked if she could make payments at her usual rate and dates (ie the end of the month) and make an extra payment of 80.00 in February 2013 for the cost of the LO. She was told yes.

 

 

She made payments May June and July, then came home from work one night in August to the standard Equita threatening letter. (Having never been in debt for CT, and never having her arrangement questioned despite it not being in writing, she hadn't realised she didn't have an agreement with the council due to her verbal arrangement with their call centre and recieved no letters off the council after the summons).

 

 

The bailiff had added hundreds in charges, as the outstanding amount was in the region of 680 including the 80 charges, but the bailiffs letter stated over 1000 owed. Obviously she queried with the council, equita and the individual bailiff, who reduced the amount to 950 after my daughter mentioned she was ringing the council to find out if the amount was correct and why it was that amount if so.

 

 

Then my daughter rang CAB, they told her to lock doors etc and contact the bailiff telling her it was now with them. The bailiff then left answerphone messages on my daughters phone upping the charges and threatening immediate removal of goods for going to the CAB.

 

 

My daughter and my son-in-law then went to the council and demanded to see someone from the complaints dept, refusing to be fobbed off with a form to fill in, and explained everything.

 

 

It turns out the council had employed temps during May and although a call was logged, no details of the call had been recorded hence the agreement not being recognised by them.

 

 

They called off the bailiffs but my son-in-law got a loan and paid the full amount of council tax left (plus 24.50 for bailiff visit) as he was afraid after complaining, that he might return home to no door or car, not knowing bailiffs don't have the powers they claim to have.

 

 

They are waiting for written confirmation that the bill is now cleared in full and then are going to complain about both the council and equita to whoever they can.

 

 

The good news....out of the blue this afternoon, the guy in charge of the complaints dept at the council rang my daughter and told her he is refunding 104.50, the charge for the LO and the costs of the bailiffs first visit, they have sent a cheque out today.

 

 

It wont stop them complaining as my son-in-law says, how many more have they tried and succeeded in doing this to?

 

 

But at least sometimes there can be a kind of good ending

Gem

Edited by citizenB
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Thank you for sharing this story with us.

 

It must have been very worrying indeed. I think this is also a lesson to everyone - either ask the company/council to confirm the arrangments made over the telephone or at the very least send a letter and confirm your understanding of the conversation.

 

I should think so too, that the Council are refunding monies that should never have been taken.

 

Well done and yes, please do go ahead with your complaint to both the Council and the Bailiffs

 

:)

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Good ending then...although it is not a gesture of goodwill-it should never have happened in the first place.

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I hope the answerphone message which of course my daughter has saved,

plus the bailiffs letter with the attempted overblown charges on mean this bailiff will lose her certification,

but I doubt it,

 

the system seems to work in their favour with them getting the benefit of the doubt

but hey, stranger things have happened,

 

I'll update should anything come of their complaint,

someone else may find it useful someday...

 

am I allowed to post the bailiffs name when I get it off my daughter,

 

again in the hope it could help someone else?

Gem

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if he took out a loan i do hope he's not been charged interest?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No, he explained everything to his boss, showed him all the paperwork etc and his boss authorised an advancement of wages to the amount required to pay off the CT, repayable at the rate he would have been paying CT installments over. Interest free thankfully, great boss!

Gem

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aw thats really kind of him.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Great news, but archive the answerphone messages, separately if possible and use the transcripts for that Formal Complaint, and the complaint to OFT regarding the Credit Fitness of Equita.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Equita & Capita perhaps? Again? She should get her local Councillor(s) involved. As has been mentioned on other threads there is nothing to stop her writing to the Certificating Court advising of the hassles from the Bailiff and see if they invite a Form 4 possibly?

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