Bailiff Removal - Equita (5K)

[toucht]

[toucht]

Sent off the letter last week

[dx100uk]

removed post as you've left ref numbers in

 

dx

[tomtubby]

Toucht

 

I have just read this thread and firstly, it is not a good idea to post a query on other forums as well as this only leads to confusion. In any event, the advice on this particular forum will always be correct. As an example, nobody on here would advice a Tomlin Order. Put simply a TO is a legal agreement in relation to County Court proceedings. A Liability Order is issued by the Magistrate Court.

 

Next point is that the statutory regulations are VERY CLEAR indeed when they state that council tax is due and payable BY THOSE IN OCCUPATION. So many LA's take the easy route of trying to get the OWNER of rented properties to accept responsibility. This is NOT CORRECT.

 

The correct route would be to make a Formal Complaint to the LA.

[brassnecked]

If you take the premise that the owner is liable for council tax although non resident, it would put the revenues department of a council in the position of having to seek LO's against itself for arrears run up by a tenant of one of their own council houses. So as per TT Formal Complaint, copied to CEO, Leader and copy your MP in, stating also that the regulations state the occupier is liable. Use the illustration about council houses and the fact that Capita would have to send Equita to seize Capita's or the councils goods at City Hall, for the debt something which would be ridiculous, but lawful if an owner rather than occupier was liable. if you wish to reinforce the point

[wonkeydonkey]

Heard that a Tomlin order might be helpful, can I voluntarily go to court to request a lower monthly payment than my current amount?

...a Tomlin Order is not appropriate in this instance. you can attempt to approach the Court for a means tested hearing to set the rate of repayments but you will need to provide evidence to you being unable to afford the current amount being asked.

 

WD

[ploddertom]

I appreciate you posted all the fees and the post has been removed as too many details left in. It would pay you to start similar to:

 

LO 1

Then list the figures

 

Also do you have dates all these fees were listed on?

[toucht]

Cheers for the advice so far.

 

OK - I have 6 LO's totalling up to about 6K with the LA. Equita wanted me to pay £400 per month which I was unable to make. I have now started paying £200 directly to the council as I am fed up with dealing with Equita and their reprehensible, pressurising tactics. They have now sent me a draft of letters over the past month stating that 'Despite numerous communications and baliff visits...have no alternative but to instruct my baliff to call when they may remove your goods...'

 

My property is very secure as the entrance is with a fob and my neighbours (above and below) do not allow strangers in. How long will it take for Equita to hand the debt back to the Council (if at all) as I would like to negotiate a more reasonable payment amount (like 200 p.m) and I guess I would be in a relatively stronger position to do so when this happens.

[i hate bailiffs]

If they were ever to remove goods to cover a 6K debt you would need some expensive gear

Keep as you doing paying the council legitimate bailiff fees can be argued later as they will have lots of illegal fees

 

Eventually bailiffs will hand it back they may continue to visit a few more times who knows

once bailiffs realize they not getting any money they will hand it back

i had them visit 9 times before they gave up the last letter was the usual pay in 24 hours

[toucht]

Thanks for the update - IHB - much appreciated.

 

I will just pay the council religiously until they get back to me. Thanks

[Surfer01]

As you are not responsible, I would be fighting it if I were you. Also as you were able to prove you were not living there, the flat would have been empty therefore a rebate or discount should be due. I believe if the a place is unoccupied or has only a single tenant, a discount may be possible but others will need to confirm.

If they state it was occupied, then the onus is on them to prove that it was occupied and by whom as you have shown proof of being absent from the country.

Regarding the discount it would be interesting to hear their arguments!

[BRIGADIER2JCS]

Has this residential proble been sorted out, is this one of the 6 you mention in 33 ???