Equita Bailiffs - Coouncil Tax Debt

[cooper28.cliff]

Amount owed to the Council -:- £350.37

[mellymoo74]

I cannot tell you how many enquiries i receive concerning Birmingham ( in particular) and the relationship with Capita and Equita. I am also aware of a large number of complaints that are being made to the Office of Fair Trading and Trading Standards.

 

Hi Tomtubby if you look at my thread there is a FOI request where BCC claim there have been a verrrry small number of complaints with about 5 upheld

[mellymoo74]

did you start paying that off? Is there still a couple of LO's? Did you email Stephen Hughes to get bailiff action held?

[cooper28.cliff]

did you start paying that off? Is there still a couple of LO's? Did you email Stephen Hughes to get bailiff action held?

 

hi, ive made a payment that i'll be making a payment friday, I've emailed Stephen Hughes, had an email replay.

 

 

I write to acknowledge your email of 28 September with regard to the above.

 

I am looking into this matter and will return to you as soon as I can.

 

Yours sincerely

[mellymoo74]

ok email him back (click reply so he has the email chain) and ask him to clarify if bailiff action has been held off pending the results of his investigation? They should have been

[cooper28.cliff]

HI,

 

The Bailiff action has been suspended until the 31st of October,

[mellymoo74]

Good now we need to put together a reason why they should take it back, you need to let them know what you will be paying to BCC and how often and NEVER deviate from it.Let me know if you need me to help you word an email.

[cooper28.cliff]

Hi,

Sorry about the late reply,

I'd appreciate the help with the email please, i'm almost useless at getting the wording wrong,

At the moment after looking at my outgoings i can realistically afford £50 per month, hopefully i can find work soon and i can start paying more.

[outlawla]

With costs detailed below

 

Amount owed to the Council -:- £350.37

Bailiff costs -:- £227.50

 

Total Amount outstanding £577.87?

 

 

 

I understand you asked for a breakdown of fees and are awaiting a reply. They've probably charged an attending with a vehicle with the view to remove goods fee.

 

If on confirmation that this has been imposed, it might be an idea to incorporate something into a complaint giving these statistics:

 

 

Between 2007 to 2010, Birmingham City Council referred over 168,000 cases to bailiffs (in connection with Council Tax alone) to levy distress where only 80 of these had goods removed.

 

This represents less than 1 in every 2,000 cases (0.047 per cent).

 

 

You could put it to the council that these figures suggest their bailiff contractor systematically charges for vehicle attendances, when they have no genuine intention of removing goods.

Edited October 9, 2012 by outlawla

[cooper28.cliff]

Hi,

 

Received a breakdown of cost + Fees this morning,

 

Liability order date 21/03/2012

 

Debt : £350.37

Statutory Visit Fees : £42.50

Visit/Levy Fee : £35.00

 

Total ; £427.87 -:- Total Received : Nil -:- Balance £427.87

 

Liability order Date 08/07/2009

 

Debt : £866.87

Statutory Visit Fees : £42.50

Visit Levy Fee : £44.00

Card Fee : £1.00:???:

 

Total £954.37 -:- Total Received : £561.08 -:- Balance £373.29

 

"I can confirm that a Walking Possession has not been signed. I can advise that the walking possession is a contractual agreement once goods have been levied. It is not essential and does not invalid a levy if not obtained."

 

From the Notice of Seizure from the 28/0912

 

Amount Owed -:- £350.37

Bailiff Costs inc vat -:- £227.50

Total -:- £577.87

Where the other £150 from?

 

The letter does not state what a levy has been applied to, is it best to write back and ask for details of the levy?

 

I could also do with some help writing to the council if possible. I'm useless at wording these sorts of email/letters,

Edited October 11, 2012 by cooper28.cliff

[outlawla]

The second liability order has some error.

 

The Levy fee (on the face of it) doesn't correspond with the Debt.

[outlawla]

A levy fee of £44 suggests that the Liability Order was for £640, not £866.87.

[outlawla]

These figures are a nightmare...

 

 

Liability order Date 08/07/2009

 

Debt : £866.87

Statutory Visit Fees : £42.50

Visit Levy Fee : £44.00

Card Fee : £1.00:???:

 

Total £954.37 -:- Total Received : £561.08 -:- Balance £373.29 (£393.29)

 

 

 

 

 

 

My earlier post seems to have some relevance here.

 

 

From the Notice of Seizure from the 28/0912

 

Amount Owed -:- £350.37

Bailiff Costs inc vat -:- £227.50 (Approximately the difference between £866.87 and £640)

Total -:- £577.87

Where the other £150 from?

 

 

 

 

The letter does not state what a levy has been applied to, is it best to write back and ask for details of the levy?

 

 

I would write back telling them that you think the figures are wrong, and if they are right they make no sense.

 

Ask them to try again but to put a bit of effort in, and as you suggest, ask for details of the levies and to include dates of each visit which correspond to each of the fees imposed.

Edited October 11, 2012 by outlawla

[brassnecked]

They cannot apply a levy fee without detailing what goods they have levied, unless it a another Equita favourite "The Random Third Party Car" You need details of what they claim to have seized to ground the levy fee.

Edited October 11, 2012 by brassnecked

[outlawla]

They've completely messed up this breakdown of charges. However, strip away everything that appears to have been thrown in as a red herring.....

 

Equita appear to charge a £150 fee for an attendance (parking offences) page 22 of this....

 

I guess from your 28/09/12 Notice of Seizure they have carried the fees forward from the 21/03/2012 liability order breakdown, and included a £150 attendance fee without itemising it.

 

Amount Owed – £350.37

Possible dubious attendance fee – £150

Statutory visit fees – £42.50

Levy fee – £35

Total – £577.87

 

What is completely unfathomable is the breakdown for the 08/07/2009 Liability Order.

 

It might be the suspected £150 attendance fee has been mistakenly included in the charges (the Debt figure £866.87) you've been given as a breakdown.

 

You need to consider this point to follow the next step.

 

A levy fee of £44 is the correct amount for a debt of £640 (not £866.87 as in your breakdown).

 

There's a difference of £226.87 (£866.87 minus £640). So allowing for rounding up this is the same amount as the aggregate of these fees:

 

£150 – possible dubious attendance fee

£42.50 – Statutory visit fees

£35 – Levy fee

 

Total £227.50

 

I would guess the above fees have been mistakenly included in the 08/07/2009 Liability order breakdown.

 

Debt : £866.87 minus £227.50 (give or take £640)

Statutory Visit Fees : £42.50

Visit Levy Fee : £44.00

Card Fee : £1.00

 

Its really important to obtain the dates of each visit corresponding to the imposed fees and charges to get the best impact for a formal complaint. Include a breakdown for the account which has been settled also, this may have a bearing on the approach taken as there are likely to be dodgy fees added for that too.

Edited October 11, 2012 by outlawla

[cooper28.cliff]

Hi all

 

Going to be sending an email and letter to Equita today,

Here's what i have so far,

 

In reference to your letter dated 10th October 2012

 

Your Ref -:-

Liability Order Date -:-

 

Debt -:- £866.87

Statutory Visit Fees -:- £42.50

Levy Fees -:- £44.00 06/12/11 Please provide information on what the levy was made on

 

Total -:- £954.37

 

 

Received -:- £581.08

 

Balance -:- £373.29

 

Your Ref -:-

Liability Order Date -:-

 

Debt -:- £350.37

Statutory Visit Fees -:- £42.50

Levy Fees -:- £35.00 28/09/12 Please provide information on what the levy was made on

 

Total -:- £427.87

Received -:- £0.00

 

Balance -:- £427.87

 

As above, please provide information on the reasons for both levies.

Could you also explain your bailiff fees as per your “form 7 Notice of seizure and inventory of goods”

 

Amount owing -:- £350.37

Bailiff Costs -:- £227.50

Total -:- £577.87

 

Is there anything important to add?

[hallowitch]

Statutory Visit Fees -:- £42.50

 

 

you want to know the date of the 1st and 2nd visits fees and the name of the bailiff that attended your property and charged said fees

[cooper28.cliff]

Debt : £350.37

Statutory Visit Fees : £42.50 15.09.09 & 22.09.09

Visit/levy Fee : £35.00

 

Total ; £427.87 -:- Total Received : Nil -:- Balance £427.87

 

Liability order Date 08/07/2009

 

Debt : £866.87

Statutory Visit Fees : £42.50 31.05.12 & 15.06.16

Visit Levy Fee : £44.00

Card Fee : £1.00

 

Total £954.37 -:- Total Received : £561.08 -:- Balance £373.29

[cooper28.cliff]

Hi all

 

I've received a letter of Equita today regards fees attached to the account(s)

 

Dear Sirs

 

RE: Birmingham City Council - Council Tax

 

I write further to your communication dated 12th October 2012 with regard to the above.

 

Please be advised that the enforcement charge made up of a combination of costs which

include van hire bailiff travel and time at property, fuel insurance and equipment whilst the

bailiff executed his duty.

 

Please be advised your file is currently being managed by our enforcement office ** ****

*****, and he must be contacted immediately on *********** to negotiate payment of the

outstanding amount.

 

I have attached a copy of the Form 7 for you records

 

No form 7 was attached, i still haven't got details of the levies, or full details of the charges added to the account.

Any advice on the next move would be helpful,

 

Thanks

[brassnecked]

Hi all

 

I've received a letter of Equita today regards fees attached to the account(s)

 

"Please be advised that the enforcement charge made up of a combination of costs which

include van hire bailiff travel and time at property, fuel insurance and equipment whilst the

bailiff executed his duty. " Bull Excrement, what is not specified in the regulations cannot be charged and an ENFORCEMENT FEE per se isn't in there

"

 

No form 7 was attached, i still haven't got details of the levies, or full details of the charges added to the account.

Any advice on the next move would be helpful,

 

Thanks

Complaint to OFT as per oldbill's guidelines against Crapquita is in order at this juncture.

 

BN

[cooper28.cliff]

Hi,

 

Do you have a link i could use to gather the info, never had to complain to the OFT, goes straight over my head.

[cooper28.cliff]

An email i have sent to Karen Fowler

 

In regards to your letter dated 18th October

 

Dear Sirs

 

RE: Birmingham City Council - Council Tax

 

I write further to your communication dated 12th October 2012 with regard to the above.

 

Please be advised that the enforcement charge made up of a combination of costs which

include van hire

bailiff

travel and time at property, fuel insurance and equipment whilst the

bailiff

executed his duty.

 

Please be advised your file is currently being managed by our enforcement office ** ****

*****, and he must be contacted immediately on *********** to negotiate payment of the

outstanding amount.

 

I have attached a copy of the Form 7 for you records

Please refer to my previous email asking for details of each fee, This will now be my THIRD request for this information,

which you seem to be deliberately ignoring.

 

Thank you

[cooper28.cliff]

HI all

 

After the third attempt to get the information on levies from equita, I'm still receiving the same response.

 

25 October 2012

RE: Birmingham City Council - Council Tax

 

I have been asked to write to clarify the fees that have been charged to your files following a query raised with our client

 

Please be advised that we currently hold three liability orders. The oldest file has been with us since

September 2009, with the other two since May 2012 and October 2012. I note that various visits have been made to your property by our external team in an effort to collect the debts, but to date we have been unsuccessful. In addition we have also issued several postal notices to you.

 

For your records I have once again detailed below the fees of which have been applied to each case, and the dates in relation

 

Bailiff ref :-

1st Statutory Visit Fee: £24.50

2nd Statutory Visit fee: £18.00

Levy Fees: £44.00

Card Processing Fee : £1.00

 

The statutory visit fees were incurred to the file in September 2009. Since that time numerous calls have been made to the property with goods identified on the 6th December 2011, incurring the levy fee as detailed. The card processing fee was incurred on the 5th October 2009. You have made payments to the case totalling £581.08 with the current amount outstanding totalling £373.29

 

Bailiff Ref :-

1st Statutory Visit Fee: £24.50

2nd Statutory Visit fee: £18.00

Levy Fees £35.00

 

The Statutory visit fees were incurred in May and June of this year respectively. Following to respond, action did escalate and our enforcement officer Mr ***** visited in September with the intention of seizing goods. Whilst this course of action was not carried through, goods were identified and levy fees, as detailed above were incurred. The outstanding balance is £427.87

 

Bailiff Ref :-

1st Statutory Visit Fee £24.40

 

This case was issued to us for collection October 2012, with the first statutory visit fee incurred to you on the 17th. No response was received to our office although since that time we have been advised a reduction in debt. Your balance outstanding to pay on the totals £99.03.

 

Our enforcement officer, Mr ***** is currently managing the cases and has been instructed to bring all cases to an amicable close, You therefore need to contact him on *********** to negotiate settlement.

I trust you find the above in orderm however should you require full details of the cases held, you will need to apply for a subject access report, which under the Data Protection Act cost the sum of £10.00. When this is received the information will be compiled against each cash and despatched to you within the time allowed of 40 days.

 

The Council tax for this year is upto date and i have been sending the payments that were agreed to, but this has still been sent to Equita,

Also if bailiff action is on hold, how come they tried to visit the property on the 17th (leaving no documentation, and not knocking)

 

Can i apply to the council to put the case(s) on hold again, or am i going to have to worry about these muppets knocking at my door again?

[brassnecked]

Don't forget that you are talking to Capita who own Equita when you talk to BCC, so they may have gone straight for a LO and passed this years over to Equita as a matter of routine, needs another Formal Complaint and involvement of MP imho

[outlawla]

Either this guy has no idea what he's doing, or he's deliberately trying to fox you.

 

I'll add comments in blue:

 

In a previous post, it stated this liability order was £866.87

 

bailiff ref :-

1st Statutory Visit Fee: £24.50

2nd Statutory Visit fee: £18.00

Levy Fees: £44.00 – this corresponds to a debt of £640

Card Processing Fee : £1.00

 

First £100 - £24.50

Next £400 @4% = £16

Next £140 @2.5% = £3.50

 

24.50 + 16 + 3.5 = £44

 

The statutory visit fees were incurred to the file in September 2009. Since that time numerous calls have been made to the property with goods identified on the 6th December 2011, incurring the levy fee as detailed. The card processing fee was incurred on the 5th October 2009. You have made payments to the case totalling £581.08 with the current amount outstanding totalling £373.29

 

Edited October 27, 2012 by outlawla