Sefton council CTAX arrears - EQUITA refusing to negotiate

[sally210]

Hi,

 

Can someone please help me,

 

My local council (Sefton) has passed my council tax arrears over to the bailiffs

there are a few years worth as I got myself in a pickle as I work on a zero hour contract,

 

 

totals around 4k

 

 

they are refusing to speak to me and negotiate until I make a payment

 

 

they want there fees £567 before negotiating, they just keep refusing to speak to me.

 

I phoned the council who said they should be negotiating with me

but there is nothing they can do and they wont recall it,

I just dont know what to do now.

 

Thanks

[Bailiff Advice]

You should have received individual Notices of Enforcement in relation to each Liability Order. The notice will state that a payment arrangement can be set up within what is called a 'compliance' period. This is the strict period of time outlined in the notices. Did you contact Equita within this time or has a personal visit been made?

[sally210]

Hi

letters all dated 9/8/2016

(called as soon as I rceived them)

further letters received 15/08,

 

called them as soon as received,

 

called them again Friday 19th

and again today still

 

they refuse to set up arrangment until they receive either £567 for a monthly arrangement

or £128 for a weekly one,

no personal visit made

[dx100uk]

sounds like this is capita and their equita friends...?

you probably only got capita when you phoned the council?

you need to get passed them and contact the council official responsible for CTAX enforcement..not capita

 

 

tell use the history of your arrears

and why they have amassed over a number of years please.

 

 

it might also pay to ::

 

 

You need to speak to someone at the Council and ask the following questions:

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

[Bailiff Advice]

Hi

 

letters all dated 9/8/2016 (called as soon as I rceived them). further letters received 15/08, called them as soon as received,

 

called them again Friday 19th and again today still

 

they refuse to set up arrangment until they receive either £567 for a monthly arrangement or £128 for a weekly one,

 

no personal visit made

 

Up until 2014, if a debt had been passed to a bailiff, you would not have received a letter from the enforcement company and instead, a visit would be made for the purpose of taking goods from your home to settle the debt. This all changed is 2014 with the introduction of the Taking Control of Goods Regulations.

 

The position now, is that in order to avoid goods being taken, (and the debt increasing and a personal visit being made) a payment proposal can be set up during the 'compliance stage' (explained in an earlier post). It would seem that you have attempted to make a payment proposal and the response from Equita is that they are willing to accept such an agreement as long as you can pay £567 per month or £128 per week. Without sounding too harsh, the figures sound about right.

 

In the first instance, the regulations provide that the warrant is valid for 12 months.

 

Most importantly, all enforcement companies will be required to abide by the contract from their relevant local authority client (in this case, Sefton Council). In most cases, the contracts provide that their agents should accept payments arrangement over a period of up to 6 months (rarely more than this). Some are even harsher at just 3-4 month. What will ALWAYS the be case though is that payment arrangement should be set to see the debts paid off BEFORE the start of the new council tax year....and it would seem from the figures quoted that this is exactly what has happened in your case.

 

The total that you owe is approx £4,000 and paying £567 per month will see the debt paid off by next April. This is perfectly acceptable. However, in your case, it is an impossible figure to pay.

 

What figure did you propose?

 

Almost certainly you are going to have to provide an Income & Expenditure calculations. Have you prepared one of these?

[Coughdrop]

Hi Sally,

 

Remember you do not have to engage with the bailiffs. Don't let them in to your property, they cannot force entry, whatever they may claim. They may well try to take control of a vehicle if you have one, so keep it parked well out of the way. The last thing you want is to go out and find your car clamped!

 

Whilst trying to negotiate a settlement with Equita may suit you, they will have added £75 for each liability order onto your debt, so if you have four LO's, they will have added £300. They will add a further £235 if they come out to visit, plus an amount of 7.5% for the sum over £1500 owed.

 

If you agree a repayment plan, the first £300 will go directly to the bailiffs. After that, any further payments are split pro rata, so neither the sum nor their fees are paid completely until the final payment.

 

There is the option for some people, and you'll possibly be told this is ridiculous by others on here, but it remains an option (see Leakie's recent post) of sitting things out until the debt is passed back to the council. If you chose this route, you might avoid the fees, but would be under a degree of stress, especially if you have a car - it is not for everyone. It would be important to let the council know you are willing to pay the debt, and you would have to put money aside so you had a decent lump sum to pay. We could go into more detail if this was a route you wanted to consider.

 

If agreeing a repayment, it is critical not to allow entry to your property and to keep anything outside of value out of the way, as mentioned above. National Debtline have a good Income and Expenditure form which you can print off. It is worth working on this in the interim period so you have it ready, and time to think carefully about the figures. Do not agree a figure greater than you can afford as this would almost certainly cause problems further down the line.

 

Are you working full time now, still on a zero hours contract with no guaranteed work, or in a different situation altogether?

 

Don't worry about them forcing entry or anything - they may threaten this, but they have no right to do so, though they can open and enter through an unlocked door, hence me saying keep them locked.

[sally210]

Hi, thanks for the replies,

 

I got a bit mixed up with my figures, the amount the bailiffs have is around 1500, the council have kept some back which I am paying at £50 per month, the current year is being paid at £25 per week.

 

I am still on a zero hour contract and before last week I had no work for 3 weeks, I have non dependents living at home so cannot claim benefit, I literally earned £400 last month, there is no way I can clear this debt and pay the council as well.

 

My gripe was they were not even willing to listen to my situation until I paid this amount, they are aggressive and rude on the phone, I am thinking of complaining to the council about the firm they have chosen as surely its better to get some payment of me instead of refusing to negotiate.

 

I have got myself in such a pickle because of this zero hour contract and I am more than 100% sure I will be evicted from my property within the next month. I owe £3k rent arrears which luckily my family are helping me out with, currently paying £500 per week so I can try and avoid eviction.

 

I literally dont know which way to turn

[Leakie]

Hi Sally

 

Sorry to hear of your predicament,

Firstly as CD says you do not have to let them in to your property,

If I have read this correctly you have an agreement with the council?

If this is the case it may go in your favour.as you are showing that you are not a won't pay but a can not pay.

 

With regards to Equita, they are the most dishonest company I have had to deal with, ( My Opinion)

 

you will probably, not get any where with them, they do all they can to make you fail to add fees.

 

If you can record the conversation with them, it may help.

 

Have you sent in a I & E so that they know what your disposable income is.

 

If the council are aware of your situation then with Equita refusing to agree a plan, it could back fire on them.

 

I would offer them what ever you can afford, if they refuse then ask them to contact the council to see if they will accept the offer.

 

If Equita refuse to even discuss this with you, and you have recorded the conversation,

I would then head back to the council with the proof of what is happening

I would also speak to your local councillor as well.

 

At the end of the day The council wants you to pay, it may take longer,

the council can see you are trying to pay back,

If Equita refuse, then I would sit it out, and wait until it is passed back,

you may have another EA firm come after you but they may be more amenable.

 

At the end of the day you can not pay what you do not have.

 

One other thing you do not have to fear the EA,

they will do all they can to put the frighten you into paying even if you can not afford it.

They will imply they have more rights than they do.

loose the fear, and you will be ok.

 

leakie

[Leakie]

Hi again Sally

 

Have you applied for council tax benefit and housing benefit,

 

If accepted they will not pay the arrears but it could help you out,

 

If you can get in contact with one of the debt charities like One Support,

they will help you to claim anything you are entitled too.

 

Leakie