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A Bailiff called today at my home for Council Tax Debt.

I didn't speak to him my daughter did, he also asked her for proof of ID, and he handed her a letter, to be passed to me and said it was urgent that I contacted him.

The actual debt is for £1541.22

Then Compliance Fee £75

Enforcement Fee £239.00

Total £1855.22

I was aware of the debt and had received a letter, but due to personal problems I couldn't deal with it.

I would like to pay this, but should I pay direct to Equita?

and then in form the bailiff I have paid?

Also I can pay the outstanding debt and I was going to ask that I pay the remainder of their fees off.

I will only talk to them by text or email.

I do not have a car.

Any advice greatly appreciated.

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As the council is unlikely to take the debt back and the fees have been applied it would be better to try to deal with Equita in the first instance.

 

Are you working or on benefits, or a single parent? You do not have to let a bailiff in and he cannot force entry for council tax, I would send an offer of payment to Equita with an I&E to justify the sum offered. As you do not have a car and so long as you don't let them in (a very bad idea ) as if he gains a Controlled Goods Agreement that would open you up to a Sales Fee of £110 if you defaulted on any agreement.

 

BTW the Enforcement fee should be £235.

 

 

Be aware that the Council Tax department may well be operated for the council by Capita who own Equita. Have you claimed any reliefs or benefits you may be entitled to?


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I am just reiterating that you do not let the Bailiff in to your home at all, he/she has no right of entry for a CTAX debt but can make a peaceable entry (through an unlocked door etc) and then carry out a control goods agreement which means the court then owns all of the items listed and the bailiff can then force an entry to claim those goods if you do not pay. Speak to the bailiff through an open upstairs window and tell all family members to do the same, the bailiff should not discuss the debt with anyone other than the debtor, so all your family members have to do is say you are not there (if you are not) and shut the window. Do as BN has said and provide Equita with a payment offer and an income and expenditure list to support the sum you agree to pay back - also once you start paying keep your own record of when and how much you pay so you don't get cash cowed.

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Thank you,

Equita are saying I have to deal with the bailiff now, but if I want to make a payment I can do so through them or their website, but if it's not paid in full any outstanding balance has to be dealt with the bailiff.

I am going to pay the outstanding CTax amount of £1541 direct to Equita first and then I will text the bailiff to let him know and try and come to an arrangement to pay the remainder.

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No arrangement to be made. You still have to pay his fees and chances are he'll want them in one go.

 

As an aside, if you paid the council tax of as you say, you wont pay it off in one go, as the money will be split between fees and the amount owed to the council.


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Thank you,

 

Equita are saying I have to deal with the bailiff now, but if I want to make a payment I can do so through them or their website, but if it's not paid in full any outstanding balance has to be dealt with the bailiff.

 

I am going to pay the outstanding CTax amount of £1541 direct to Equita first and then I will text the bailiff to let him know and try and come to an arrangement to pay the remainder.

 

Paying just the sum of the council tax will not clear the debt and Equita would be legally entitled to continue with enforcement.

 

The law changed in 2014 and the position now is that when payment is made after a warrant has been issued, the enforcement company are legally permitted to deduct the compliance fee of £75 from your payment and the balance of your payment will then by split on a pro rata basis.

 

It may help to read this the following guidance which I wrote for the forum when the Taking Control of Goods Regulations were introduced in 2014.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?453047-Bailiff-enforcement-Setting-up-a-payment-arrangement-and-whether-you-can-pay-the-court-or-the-council-direct

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He did not say he would not pay the fees

he quoted the would pay what was owed for CT to equita and come to an arrangement for the remainder with the EA.

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I contacted the bailiff early this morning via text message, I stated that I couldn't pay the full amount straight away, but I could make a substantial payment, and if possible come to an arrangement to clear the remainder of the debt over the next couple of months.

I haven't heard anything back, which I'm surprised considering he said it was urgent I contact him.

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Stay off the phone and texting is not recommended. Send an email and keep it or write a letter and keep a copy. Same offer of payment, make sure you get a delivered and read receipt for the email or free recorded delivery for a letter.

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