Where do I stand with equita bailiff ??

[jenjuly82]

Hi all, we owed our previous council - council tax.

Recently had a equita bailiff call and produced a notice of seizure and inventory goods form (form 7 & 8)

Inventory of goods was my car!

Now the amount owing to council is wrong and he also added £248.50 in bailiff costs.

Today I have made direct payment to the council for the full amount outstanding so the debt with the council is now clear. But because his bailiff fees are still outstanding can he still call to collect my car???

Quick response would be appreciated as he's due back today : (

[outlawla]

You are in an interesting situation here.

 

The bailiff is entitled to take his fees out of the money they collect as a priority to the council tax debt. This would normally leave outstanding monies owed to the council (if only the C.T debt was paid) and so the bailiff would be permitted to continue enforcement. However, the bailiff didn't have chance to deduct his fees as he didn't collect any money (you paid the full amount to the council).

 

You would be advised to get confirmation from the council in writing that your council tax liability is now settled.

 

P.S. You're not really interested in what the council says about you having to pay the bailiff, only that your C.T liability has been settled.

[wonkeydonkey]

You say the amount actually owed to the Council was wrong....can we assume therefore the liability order he was acting on was also wrong?

 

WD

[jenjuly82]

You say the amount actually owed to the Council was wrong....can we assume therefore the liability order he was acting on was also wrong?

 

WD

 

I can still log in to my council account which states amount outstanding for all tax years is £121.46

On his inventory form he states amount outstanding for council tax is £82.96

[wonkeydonkey]

Well that tells a story ....£248.00 in fees for a given debt of £82.96 ..tell him to go whistle dixie for his fees, you would be liable for the £24.50 first visit fees but it will be interesting to see how he justifies the remaining £223.50.

 

Send for a breakdown of the fees using the 'acme' letter below, please do come back when you get the reply, we all enjoy a good laugh here on cag.

 

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

 

Ripped off customer"

 

WD

[brassnecked]

Wonder if this council is infested by Capita also?

[jenjuly82]

Bailiff has been informed that I have made payment direct now he says he will return tonight or tomorrow morning with a locksmith : (

 

Is he able to access my house with the aid of a locksmith even though he has no levied anything or even entered my property previously ????

[wonkeydonkey]

No he can't return with a locksmith .... he can do naff all other than ask for the £24.50 first visit fee....never phone a bailiff unless you can record the call, sadly they are all afflicted by memory loss and will deny having made such a threat, because they know they are misrepresenting their powers.

 

Send them the 1st visit fee and make it clear they are getting not a penny more, if he returns film him and his threats if you can then escalate the matter to the Council.

 

WD

[jenjuly82]

I've already been charge the first and second fee by previously bailiffs trying to collect the same debt but were also unsuccessful : )

 

He's trying to collect his bailiff fees of £248.50 he so kindly added to my original debt!

[wonkeydonkey]

I've already been charge the first and second fee by previously bailiffs trying to collect the same debt but were also unsuccessful : ) were these also from equita?

ee due to him is

He's trying to collect his bailiff fees of £248.50 he so kindly added to my original debt!

was this the only and first visit by a bailiff from equita, if not then there could indeed be other legitimate charges due to them...you need to send for that breakdown asap.

WD

[jenjuly82]

I asked for a breakdown back in November which was debt £544.06, statutory visit fees £42.50, levy fee £39.00 total £625.56 - total received £461.10 balance £164.46

 

A payment of £43.00 was made in December

 

Bringing balance to £121.46 which I paid today

But because the recent bailiff visited 21.01.13

He some how got the figure £82.96 owed (which was wrong) plus added £248.50 bailiff costs

 

Hope this makes sence

[wonkeydonkey]

I asked for a breakdown back in November which was debt £544.06, statutory visit fees £42.50, levy fee £39.00 total £625.56 - total received £461.10 balance £164.46

 

A payment of £43.00 was made in December

 

Bringing balance to £121.46 which I paid today

But because the recent bailiff visited 21.01.13

He some how got the figure £82.96 owed (which was wrong) plus added £248.50 bailiff costs

 

Hope this makes sence

 

Sorry this does not add up..... for a start where did the £38.50 come from ...(£121.46 - £82.96 = £38.50)

 

Liability order.......£544.06 inclusive of costs presumably

First visit .............£24.50

Second visit ........£18.00

Levy fee..............£39.00

 

Total.................£625.56

 

Paid previously.................£461.10

December payment........... £30.00

Paid today.......................£121.46

 

Total Paid.......................£612.56

 

Balance outstanding ........£13.00 to fees

 

You are going to have to post up a copy of the breakdown as I can see no way to getting this to reach £248.50 solely due to legitimate fees. Did you also get the standard info from the Council see below) if yes then can you post that as well?

 

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

[jenjuly82]

December payment was £48

[wonkeydonkey]

In which case it would appear you are owing nothing ....It would be interesting to see how the bailiff interprets his fees to be £248.50 also how the Council account for the extra £38.50 not shown on the Liability Order?

 

WD

[tomtubby]

Has the bailiff levied upon goods and has he provided a legally required Notice of Seizure.

You mentioned whether the bailiff can come back for your car. YES he can if he is legally entitled to his fees.

 

Is is important to find out WHETHER a levy has been made and when.

 

Always remember that a letter of complaint needs to go the the council and copied to the bailiff.

 

Which bailiff company is this?

[outlawla]

.....You mentioned whether the bailiff can come back for your car. YES he can if he is legally entitled to his fees.....

 

Would this still be the case if the op received written confirmation from the authority that council tax liability has now been settled?