2 unpaid London borough of redbridge PCN's - Equita want to Clamp My Car

[mizzbabyjess]

Hi here is the breakdown from Equita, for some reason I couldn't upload the letter so I've copied it. I take it that the dishonoured fee is for the charge back, but I don't know why they are showing it twice, they also haven't included the £70.00 I paid in December.

Dear Ms ..............

Re: The London Borough of Redbridge (Road Traffic Fine)

 

Further to our recent communication, please find detailed below the information you require.

 

Bailiff ref number...........

PCN: .................

Debt. £97.00

Initial letter £11.20

Visit/levy fees. £ 70.00

Attendance fees. £260.00

Dishonoured payment fee. £27.20

Card charge. £3.41

Total £543.18

 

Payments received

18/05/12 £111.44

31/05/12. £151.00

17/07/12. £72.10

Balance. £208.64

 

Bailiff ref number .............

PCN: ...................

 

 

Debt £ 97.00

Initial letter. £11.20

Visit/levy fees. £70.00

Attendance fees. £260.00

Dishonoured payment fee £27.20

VAT. £73.68

Total. £539.68

 

Payments received

17/07/12. £90.00

17/07/12. £50.00

17/07/12. £100.00

Balance. £299.08

 

I note there is currently no arrangement in place, as such I would urge you to contact our office as our action is continuing. Your file may be subject to further costs.

 

Your sincerely

[lookinforinfo]

As usual, Equita has only half provided the information you want. No dates for when each fee was charged for example nor a complete breakdown eg lumping levy and attendance fees together.

 

What did they levy on and was it on the same thing on both occasions?

I notice that you were not charged a credit card charge on your second PCN so does that mean that you paid cash this time.

Also, why did you ask for a chargeback and how did you get £200 when none of your payments wee for that amount?

 

If you have not done so already, please change your credit/debit card asap as bailiff companies are noted for taking unauthorised payments from cards once they have all the details.

 

If they haven't levied on anything then you have already overpaid them.

[mizzbabyjess]

Hi, thanks for your reply,

It was on my car both times, although it was clamped once.

I paid by credit card both times.

The chargeback was made because it was my parents card, & I was abroad at the time, the bailiff put us under so much stress, also they ended up taking amounts that wasn't agreed to.

From my calculations I have paid £600 pounds, so what they have sent doesn't seem right.

The credit card details have been changed.

They have said that on this recent one that I forgot STUPIDLY to pay, I owe £270, although they have not attended my property, all they have done is send a letter. They don't seem to want to send a breakdown of this, even though I asked.

Could you please advise as to what I should do next, as I'm so confused.

Thank you

[old bill]

Send them a letter making it quite clear that they send a detailed breakdown of fees showing dates, times, names of bailiffs, their certificating courts and certificate expiry dates. If they continue to be evasive, I would suspect fraud and/or false accounting. for which Equita have form.

[lookinforinfo]

I doubt that you owe them £270 as I have the feeling that they have not levied on the car or anything else belonging to you? Therefore they cannot charge for the levy nor to remove your car

or belongings.

 

Before you pay any more money, you must ensure that you have not paid too much already. This can be done by following Old Bill's advice and insisting that until you have a complete breakdown

with times and each fee itemised you are not going to pay them as you believe they have already overcharged.

Then complain to the Council that you have been overcharged and your parents coerced into paying your debt when you were away and then charging you when your parents card payment was

recalled by their bank.

[mizzbabyjess]

Thank you for all your advice, I will get the email sent off to Equita, for a full & complete breakdown, once they know I am in dispute will this halt their actions for a while?

Also last time I contacted the Council they didn't want to know, saying I had to deal with the bailiffs, should I let the bailiffs know I am complaining to the council?

Also you are right they haven't been to my house, but they have given my registration number on the letter they sent.

I haven't got a problem paying the fine that i owe, but this is ridiculous.

Sorry for all the questions

Once again thank you.

[ploddertom]

Thank you for all your advice, I will get the email sent off to Equita, for a full & complete breakdown, once they know I am in dispute will this halt their actions for a while? Unfortunately not, they can still carry on but it does make them aware you may know what you are talking about.

Also last time I contacted the Council they didn't want to know, saying I had to deal with the bailiffs, should I let the bailiffs know I am complaining to the council? It can do no harm.

Also you are right they haven't been to my house, but they have given my registration number on the letter they sent. The Warrant they have will have this listed.

I haven't got a problem paying the fine that i owe, but this is ridiculous.

Sorry for all the questions

Once again thank you.

 

PT

[lookinforinfo]

When you write to the Council, include this Url http://www.consumeractiongroup.co.uk/forum/showthread.php?374293-Local-Government-Ombudsman-Report-on-Councils-and-Bailiffs from the Local Government Ombudsman [or better still CC the LGO] pointing out

1] that the council are responsible for the actions of their bailiffs

2] bailiffs cannot make a charge to remove goods when they have not levied

[mizzbabyjess]

Hi thank you for all your advice, I am going to put a letter together this morning ASAP to the council, I'm sorry to be a pain but could someone guide me as to what to write to the council, including the above link?

Thank you

[brassnecked]

Quote from the LGO report and indicate where councils have fallen foul, like Blaby council and rossendales regarding spurious levies and charging for work not done, levies claimed on third party motors etc, link this to your particular case using the information to illustrate where the bailiffs have acted wrongly. And also to reinforc3e the message that the council cannot ever deflect responsibility for any wrongdoing by their agent onto their agent solely, asthey are wholly liable for and with their agent the bailiff jointly and severally, for any wrongdoing. in practice this means If you were to initiate an action against Equita, say for a reclaim of excessive fees charged you would cite the LA as joint defendants with Equita and possibly Capita also if it is a Crapita stitch up council.

Edited January 2, 2013 by brassnecked

[tomtubby]

Isnt it great to be in 2013 and to find that London Borough of Redbridge are agreeing that their bailiff provider can charge an ASTONISHING amount of £260 for "attending to remove" . Are they NUTS!!!!

 

Redbridge are wholly responsible for the fees charged by THEIR AGENTS and it their responsibility to address the serious matter of the excessive fees.

 

Ask Equita to confirm the PRECISE date and time that the bailiff is supposed to have visited?

[mizzbabyjess]

Hi, sorry I haven't replied, I have had the dreaded flu.

Just an update, on Saturday I received anotherblettervthrough the post from Equita, informing me that they had been to my property to try to make contact, but unfortunately they couldn't , & if I don't pay the ouststanding debt within 7 days they will call again & this could incurr considerable charges & that I can call the clamping hotline to make a payment.

1. I have been at home all over the Christmas break & no one has tried contacting me.

2. They still haven't put on the letter how much the actual outstanding amount is for.

I have already paid £70.00 via there website. I know I need to pay the rest if the fine, who should I pay the £100.00 to, the bailiffs or the council, I'm just concerned that if I pay the council the bailiffs will still say I owe them.

[lamma]

Tort claims against the bailiff (the Agent) for "breach of warranty of authority" and or "negligent misstatement" may be possible. However a joint claim may be better. "Where a principal gives his agent express authority to do a particular act which is wrongful in itself, or which necessarily results in a wrongful act, the principal is responsible, jointly and severally with the agent, to third persons for any loss or damage occasioned thereby". IF they gave express authority.

[old bill]

Another piece of excellent research by Lamma. I agree that a joinr claim against both Equita and the LA involved ins best. Also, complain to OFT Credit Fitness Team and Trading Standards against Equita if you have not already done so.

[seanamarts]

If you are happy to pay the council, I would just pay them using their on line facility.

 

You would need to pay the letter fee to the bailiffs, this is standard and usually about £11.00

 

Have they levied etc.

[mizzbabyjess]

Hi thank you for your replys, well I have had another letter in the post today from Equita quoting the same bailiff ref

Stating that further to my recent communication they can confirm that the balance, subject to additional recovery action, on my account is £208.64

Should I require any further information, please do not hesitate to contact them.

Signed bailiff manager.

I am now thinking I will pay this amount direct to them & hope that it will end there.

What do you think.

[seanamarts]

Do you know what the recovery action was?

[mizzbabyjess]

Hi, there has been no recovery action, just 3 letters through the post, I just assumed "subject to additional recovery action" meant if it was used & payment was not received, but maybe I'm wrong?

[mizzbabyjess]

I have paid the amount of £208 as stated on the letter I received from Eqiuita, I also emailed them & asked for an acknowledgement of this.

It's interesting that the £208 is very different to the original amount they stated.

So I shall see if I receive any further letters .

[seanamarts]

I would write to the parking services at the council and request a breakdown of all fee's and charges.

 

If they tell you to request this off Equita then just inform them that they are responsible for their agents and you want them to send it.

[mizzbabyjess]

Well here's something interesting, I had a call from Equita today, they said that I still owe £108.68 & I need to make the payment ASAP as the bailiff will be round to take further action, then they said oh & there is a further £450 outstanding, I was flabbergasted, they said that if I pay the £108.64 they would be prepared to set up a payment plan for the rest.

I contacted the council, they told me that as far as they are concerned all my payments are paid & I have nothing outstanding with Redbridge, they have insisted that I have to deal with Equita as the council think its for equitas charges, what a joke.

[SWLABR9]

You shouldn't be talking to Equita on the phone. Let them put their charges and threats in writing so they have to justify them later.

[mizzbabyjess]

I have had the charges put in writing which I have posted on here, but they keep changing, also when they have sent the letters they have indicated that its for outstanding penalty charges to Redbridge, but the council have said that I don't owe them & all my debts are paid.

[brassnecked]

I have had the charges put in writing which I have posted on here, but they keep changing, also when they have sent the letters they have indicated that its for outstanding penalty charges to Redbridge, but the council have said that I don't owe them & all my debts are paid.

In which case tell Equita that the council have said your account is clear, and either justify the charges, as the council say the account is clear, therefore any order they rely on is defunct then initiate a Formal complaint with the council stating that they sort out their agent Equita for which they are 100% liable jointly and severally. imho. Others will be able to advise further.

[seanamarts]

As suggested, write/email them and request a break down of their fee's and charges. State that you have been informed by the council that you owe nothing to the council as debt has been paid.

 

If they call again let the,m know you want it in writing.