equita Council tax enforcement bailiff

[pinkbeef]

Hi,

could do with some advice here on council tax, and Equita.

 

On the 19/05/2015, I received a letter from Equita. A liability order was issued by the court for non payment of council tax due to the council.

Contacted Equita and arranged to pay £47.72 per week, to clear the debt. Which I was informed would need to be cleared within 6 months. The debt is made up from the following;

£1270.51 council tax,

£75.00 compliance stage fee,

£1345.51 Total.

For the year 20013 to 20014.

 

On the 14/08/2015, I received a letter from Equita. A liability order was issued by the court for non payment of council tax due to the council.

Contacted Equita and arranged to pay £70.03 per week, to clear the debt. Which I was informed would need to be cleared within 6 months. The debt is made up from the following;

£849.30 council tax,

£75.00 compliance stage fee,

£924.30 Total.

For the year 2014 to 20015

 

I owe council tax for both the years in question, and do agree to pay them.

I was informed by the council, court of both debts, and did have time to contact the council, so this is my fault. During the two periods I was working and could have paid the council tax.

 

The issues I have are;

1... As a single person, I should only have to pay, “single persons council tax”. Which means the first court order of £1270.51 is wrong and should be £849.30.

2... I have started a new job and my take home pay is £800.00, per month. After rent, I have only £400.00 to pay living costs and the two above debts.

 

I phoned up Equita today to pay £119.88, for the first debt. And £70.03 for the second. Which is all I can afford each month. The person on the other end said as I could not pay £190.88 ( £47.72 x 4) per month for towards the first debt of £1270.51, he would have pass the file on to an enforcement agent which would add further charges, and may result in losing goods.

The second debt of £849.30, will be cleared within 6 months at a rate of £70.03, and is acceptable.

I need advice on what to do next, or what I should do. Thank you.

[dx100uk]

opps the usual equita/capita stich up job...

 

 

have you actually spoken to the council not capita about this?

 

 

dx

 

 

 

 

dx

[citizenB]

have you queried the incorrect tax and is the other one based on single persons ?

 

Will try and find someone who can help.

[pinkbeef]

No, I have not spoken to the council about either of the two issues. The first council tax calculation is for a couple. I did go to court about this, and spoke to an officer prior to the judgement. He did confirm I should be getting a single person rebate and should only have to pay a reduced amount. But the order went through for the full amount.

[brassnecked]

No, I have not spoken to the council about either of the two issues. The first council tax calculation is for a couple. I did go to court about this, and spoke to an officer prior to the judgement. He did confirm I should be getting a single person rebate and should only have to pay a reduced amount. But the order went through for the full amount.

Send in a Formal Complaint to CEO, Elected Leader and MP, and demand they recalculate the amount owing to include the single person discount. Other Caggers will offer other advice also.

[i hate bailiffs]

Complain is the first thing to do

There are millions of liability orders issued each year

 

If it comes to a bailiff attending your address you do not need to let them in

They can not kick the door in use a locksmith push past you or any of the other threats they come out with

 

And no arrest

Any car sitting on the driveway or goods of value outside will be at risk

Many councils do like the debt to be paid back in the same financial year but it is not always the case

 

I have been there and still paying a debt back of around 2grand at £50 per month then they want a lump payment in 12 months of all the debt but that will be paid monthly once I tell them so!

[ploddertom]

Sounds to me as if Equita are determined to engineer some sort of default whereby they can then charge an extra £235 and subject you to the hassle of a visit.

 

 

On top of which they seem to be making unrealistic demands for payments that may cause you further hardship either now or in the future.

 

 

As others have said it will be in your interests to make a complaint about their stance and would pay to engage your local Councillor(s) to speak on your behalf.

 

 

It could be worth suggesting you would be willing to subject yourself to an Attachment of Earnings for both debts if the Council will take it back from the Bailiffs.

[ericsbrother]

The council tax office should be able to send you the forms to claim the reduction for single occupancy and for claiming CTS if you are eligible.

 

 

It beats me why you have left it so late as they may not be able to backdate.

 

 

That would be worth an appeal as you did point out to the court that the order was defective

but as you hadnt informed the council of your right to the discount they could do little to help.

 

 

However, it does provide a date for application of nothing else.

 

 

get the discount backdated and cause them problems with the calculations and true debt.

[pinkbeef]

Just to clear up two issue;

 

1...The first judgement issued against me for £1270.51 council tax, For the year 20013 to 20014.

I did attend the court and spoke to one of the council officers prior to the hearing.

 

 

During that discussion,

I pointed out I was single and he recalculated the payment due.

In fact we joked about it, “wow, we already saved some money”, or some passing comment.

 

 

there is no worry about it being backdated.

The payment was reduced to a single persons council tax.

He also made it clear the judge will issue a judgement, so their would be no point in staying, so I did not stay for the hearing.

I'm fairly certain the reason the order was put through is a simple mistake, ill get on to that and have it corrected.

 

2...As I have just started working for this company, I thought it strange I would be paying £500.00 a month in tax.

Well it turns out, the p45 I gave to the company had a tax code of “0T”.

Why no one at the company looked at the code and thought, £18k a year and no taxable allowance,

 

 

lets give him a call and check, just in case.

Is totally beyond me.

Probably the same person who failed to supply a pay slip, until I kicked up about it.

 

got a letter form Equita Saturday (dated 1/9/2015),

notice of intention.

Relating to the second judgement;

£849.30 council tax,

£75.00 compliance stage fee,

£924.30 Total.

For the year 2014 to 20015

 

The letter goes on to say “blar, blar, blar, we therefore require the sum of £811.80”.

 

on the 1/9/2015 I contacted Equita and arranged to pay £70.03,

the first payment I made on 1/9/15, last week. I made the payment over the phone. I checked all the ref numbers I have the correct debt.

So £924.30 - £70.03 = £854.27, but they want £811.80.

 

ill do as you have suggested, complaint and recalculation sounds good.

 

If they take my car, I wont be able to get to work 20 miles away at 04.00am.

Be really cool to contact the council guy I met at the court hearing,

informing him of my unemployment and ill only be able to pay £1.00 a week from my government handout

 

 

, Oh and your going to have pay my rent and council tax from now on.

That would be funny,

 

 

lets hope it does not go that way.

i can never get my head round all this, but i do write every thing down. I have the name of the person i spoke to at court and his tel number with ext, i put it on the summons. Another thing i have around 50 letters about debt from Equita, I get about 10 a week, ill send them in with the complaint.

Edited September 6, 2015 by pinkbeef

[Bailiff Advice]

You should not delay sending the letter.

 

You state that you have received two Notice of Enforcements (one dated 19th May and 14th August). Can you posts back to let us know the dates that are given on both letters for when payment must be made by.

 

PS: I am unsure from your latest post whether or not the council altered the amount of the Liability Order on the basis that you had stated that you should have been entitled to single person discount. I would be very surprised if they had done so as the council would need to first have a signed declaration from you.

[pinkbeef]

Hi,

The first liability order for the first debt of £1270.50, was issued by Coventry Magistrates Court on the 16/04/2015.

and it relates to two years of council tax,

the years in question are;

29/04/2013 to 31/03/2014

01/04/2014 to 31/03/2015

 

Looking at the amount I may have been given the single persons rebate for both or at least one of the years.

Ill have to check this.

 

The second liability order for the first debt of £849.30, was issued by Coventry Magistrates Court on the 08/07/2015.

and it relates to two years of council tax,

the years in question are;

01/04/2015 to 31/03/2016

 

I may have got some facts wrong,

ill have to confirm the single persons allowance and what it is.

Will get back to you.

 

 

Cant find anything on the net about it, yet.

[Bailiff Advice]

Thank you for the additional information. Could you also respond to my earlier query about the dates on both Notice of Enforcements (the date of both notices and the dates when payment must be made by).

[pinkbeef]

For the first debt of £1270.51.

The notice of enforcement was issued on 11/06/2015.

I was given the date of 19/06/2015 to pay or agree to a payment plan.

 

For the second debt of £849.30.

The notice of enforcement was issued on 30/07/2015.

I was given the date of 07/08/2015 to pay or agree to a payment plan.

 

I did not know I had the second notice of enforcement, it was mixed up with all the crap sent by Equta. When I get home from work and see 20 envelopes on the door step, I open one if its from Equita and all the envelopes look the same I throw them in the pile. But I have opened them all now. All 79 of them.

[pinkbeef]

I just phoned Equita, to ask for some information.

 

It now turns out the two separate payments I made one for the first debt and the second payment for the second debt,

wore both used to pay the first debt, so the second debt has now been passed to an enforcement agent.

 

 

Who can now enforce both debts. Man I'm getting annoyed with this, you try to be nice.

[Bailiff Advice]

For the first debt of £1270.51.

The notice of enforcement was issued on 11/06/2015.

I was given the date of 19/06/2015 to pay or agree to a payment plan.

 

For the second debt of £849.30.

The notice of enforcement was issued on 30/07/2015.

I was given the date of 07/08/2015 to pay or agree to a payment plan.

 

The regulations specifically state that the Notice of Enforcement MUST provide the debtor with at least 7 CLEAR days before being passed to an enforcement agent for the purpose of taking control of goods. All enforcement companies (with the exception of Equita) are abiding by the recommendation of their trade association (CIVEA) to allow 14 days from the date of the Notice of Enforcement for a payment proposal to be agreed etc.

[ploddertom]

This not the first time this has cropped up with Equita & very much doubt it will be the last.

 

 

As the NoE's are non-compliant I would also argue they cannot charge the fee (£75) until they start again.

 

 

Sounds as if they are in too much of a hurry to get to the Enforcement Fee (£235) stage.

[caledfwlch]

Just to clear up two issue;

 

1...The first judgement issued against me for £1270.51 council tax, For the year 20013 to 20014.

I did attend the court and spoke to one of the council officers prior to the hearing.

 

 

During that discussion,

I pointed out I was single and he recalculated the payment due.

In fact we joked about it, “wow, we already saved some money”, or some passing comment.

 

 

there is no worry about it being backdated.

The payment was reduced to a single persons council tax.

He also made it clear the judge will issue a judgement, so their would be no point in staying, so I did not stay for the hearing.

/QUOTE]

 

The Council Employee is not there to "help" you I am afraid, his function is to try and bully/intimidate you into not defending yourself in Court.