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Hi guys,

 

Fantastic forum. Just looking for a little bit of advice really.

 

In september I received 3 separate letters from Equita, who were after an unpaid council tax from about 5 years ago - fair enough.

 

Letter 1) 477.94

Letter 2) 308.97

Letter 3) 270.66

 

Upon receiving those letters, I paid off letter 1 in full, and instructed Equita that I would pay £250/month to clear the balance, the payment starting on 1st November which would give me time to sort some money out. They were fine with this.

 

Unfortunately a client was late in paying, so I have gone to make payment today 9 days late.

 

I rang Equita up and they said it had gone to their bailiff, Mark Hobson, who was managing the account. They told me I couldn't make payment over the phone because it was in his hands now and they couldn't give me the 'final balance'.

 

I rang Mark on his mobile(!) and he said he could take my card details over the phone and "call the office to process the payment", although he didn't know the full amount as he was "in court" and that I'd need to ring back on Monday morning so he had the files in front of him. I asked Equita for his office and they said they were the office, but Mark would need to deal with the account...

 

I have had NO letters or communication from the bailiff up until today, and I rang him, not the other way around. In fact I only found out the account was with a bailiff when I rang up (late) to pay off the debt.

 

I wasn't comfortable giving him my card details and security code over the phone so I told him I'd ring him on Monday (which I still plan to do).

 

What I decided to do though was pay my debt off. I paid Letter 2 and 3 off (308.97 and 270.66 respectively), and printed out the receipts etc etc as I figured that my bank statement would have evidence of payment using the Equita Ltd entry on the log.

 

I also sent a SMS message to Mark saying "Mark, I have cleared my debt balance IN FULL by paying online, REF XXXXXX 308.97, and REF XXXXXX 270.66) I will call your office on Monday to confirm my account is closed".

 

He replied "ok".

 

Now, my question is - where do I stand now? Can I expect to still have a bailiff at my door trying to nail me with any charges they decide I still owe? I have had nothing up to now, no levy has been put on any vehicles or whatever - the only correspondence has been the three letters I received in September, all of which are now paid off in full.

 

My wife is still worried that the bailiff could turn up and demand our car. I have printed out the payment receipts and stapled them to the original debt letters so that I can prove that I have paid the debt off, but I'm worried if there will still be charges and whether I've peed the bailiff off by paying off my debt and denying them any charges.

 

Worried a bit!

 

Thanks.

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Thread moved into the bailiff forum.


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if yo can pay

 

do it by YOUR internet banking site to the COUNCIL.

 

or use their automated payment line

 

cut-out the bailiffs, then they cant add phantom fees.

 

dx


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you need to do these two things:

 

start by sending this to the bailiff co. it can done by e-mail also send it to the council this will tell us when the fees were added

From:

My Name

My Address

To:

Acme bailiff Co

bailiff House

Ref: Account No: 123456

Dear Sir

With reference to the above account, Can you please provide me with a breakdown of the charges.

This includes:

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

b - the reason for the fee.

c - the name(s) of the Bailiff(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 the Certification.

This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.

Yours faithfully

 

 

Also always advisable to ask the Council.

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

 

dx


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Hi - the debt has been cleared in FULL today, I have had NO visits or letters from the actual bailiff, only 3 letters back in september 1 of which was cleared immedaitely, the other two I have cleared today, 9 days later than planned.

 

What i want to know is, can the bailiff demand fees for anything? - The debt was passed to them by Equita, but as far as I know they've not done anything yet (like i say it's only been 9 days). They've certainly not yet visited my property, or even sent me a letter.

 

I paid my debt off in full to Equita using their online system and the reference numbers on the letters.

 

It appears I should have paid the council themselves directly?? Oops.

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Oh dear, Equita have a habit of frontloading fees, so you could have overpaid, send the Acme letter adapted to your situation as per DX100, and the rtequest to the council, then see what comes back. If there have been no visits, chances are you have been grossly overcharged. BUT you have 6 years to reclaim the unlawful fees that have likely been added by Crapquita to your account.


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Thanks,

 

The amounts I paid (from the letters) matched what I knew I owed and was unable to pay at the time ... to be fair to Equita, I've not been charged for anything that I didn't already owe.

 

My question is: now that the debt is paid off, can the bailiff (who has been assigned to the case) charge me for anything even though he's not sent me any letters, or made any visits (first contact was today, and I made the phonecall while trying to pay the debt off :) )?

 

It appears to me that he hasn';t actually DONE any work - he wanted me to ring up on Monday so that he could take my card details and process my payment, but that would be him doing some work on the account and thus enabling him to charge me for his time. By me paying online directly, he no longer needs to actually do any work.... quite a nice [problem] he has going, if that's what it is. (I'm a bit of a pessimist :p )

 

Interested in your thoughts?

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They may well call and chance their arm for some ficticious fees, then levy a random motor if yours isn't parked outside going off their usual MO

Edited by dx100uk
quote

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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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Levy on what though, because I can prove the debt is paid in full. They can't levy for their own fees can they? (And what fees??)

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Hope you don't mind me jumping in here and not offering you any help, but your scenario has highlighted something I've wondered about in regards the arrangements councils have with bailiff firms.

 

It seems your authority farms out council administration work to the bailiff free of charge. This to me doesn't seem a whole lot different to those authorities insisting on a percentage of bailiffs fees. This has got to make bailiff firms more unscrupulous and fee hungry.

Edited by outlawla

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Levy on what though, because I can prove the debt is paid in full. They can't levy for their own fees can they? (And what fees??)

 

No they cannot levy for fees alone but may well say such and such a fee wasn't paid, so LO not fully discharged, they are that blatant, I am just mentioning they may still call on 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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You refer to the letters you have had from Equita, how did you receive them - were they posted via Royal Mail or just stuck through your door?


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Hi they came through the normal post with a bunch of other letters.

Edited by dx100uk
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Did you keep the envelopes?

If they were delivered via Royal Mail and no one else has been to your property then in my view you owe the Bailiffs nothing.

There is no provision in the Regulations that allows them to charge a letter fee, But beware as others have said for a claim for a phantom visit.

Edited by dx100uk
quote

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Yes if letters came by Royal Fail, then as per ploddertom nothing owed, but as mentioned they may claim a phantom or other visit, remember you are not dealing with wholly honest people when you deal with bailiffs, lying is hard wired into their DNA.


We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

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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I rang Mark on his mobile(!) and he said he could take my card details over the phone and "call the office to process the payment", although he didn't know the full amount as he was "in court" and that I'd need to ring back on Monday morning so he had the files in front of him. I asked Equita for his office and they said they were the office, but Mark would need to deal with the account...

.

 

:lol: HE was in court :lol:

 

Bailiffs lie i very much doubt it somehow

 

stay off the phone to the bailiffs

 

get on to council as suggested and find out the exact figures from council


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