Equita Bailiff threatening to drill my locks - Dart Charge

[Kezzy33]

Hello

 

I had a dartford crossing penalty charge that I never paid as was in & out of my property due to domestic violence issues.

 

Equita now have the debt.

 

On the 7/2/2017 they gave me an enforcement notice after only having my debt since 27/1/2017,

 

the notice stated I had until 17:30pm on the 7/2/2017 to talk to them before a bailiff was sent to my house.

 

I was not at my property to recieve this letter to meet their deadline so it went unnoticed.

 

I called equita as soon as I returned home to explain my situation & they just said it's in the hands of their enforcement officer now so deal with him.

What a monster this man is!!

 

He has told me I am to pay him £50 a week or the full debt,

I'm on ESA & currently awaiting a decision on my pip award,

I told him I don't even have £50 a month but could do £20 a month at a push.

He refused & said he will return to my property with the police to take my goods this was on the 18/2/2017

 

On the 20/2/2017 he came to my property but I was not home.

 

He then sent me this text:

 

Due to your failure to pay a Bailiff, under the instructions of Her Majesty's Court and Tribunal Service has attended your premises with the intention of taking control of goods and removing your goods.

 

The Magistrates Distress Warrant empowers the high court enforcement agent , by virtue of Schedule 4A of the Domestic Violence, Crime and Victims Act 2004, to enter your premises by force should you wilfully refuse to pay the outstanding fine and costs.

 

To prevent the removal of your goods and the expensive additional removal costs you must make immediate payment. Failure to do so will result in the re-attendance of your premises with Locksmiths and the Police to remove your goods even in your absence.

 

NO FURTHER NOTICE WILL BE ISSUED.

 

Is he just being a bully or can he really get a locksmith to drill out my locks while I'm out over a dart charge penalty?

 

I thought it was only council tax, HM revenue tax debt or criminal fines they could do this.

 

I have a debt relief order coming into place in about 10weeks which this debt is included in but until this locks in I'm stuck with it.

 

What am I supposed to do about this bully?

[Bailiff Advice]

I have asked for your question to be moved to the proper bailiff section of the forum.

[Kezzy33]

Thank you

[Bailiff Advice]

 

On the 20/2/2017 he came to my property but I was not home. He then sent me this text:

 

 

Due to your failure to pay a Bailiff, under the instructions of Her Majesty's Court and Tribunal Service has attended your premises with the intention of taking control of goods and removing your goods.

 

The Magistrates Distress Warrant empowers the high court enforcement agent , by virtue of Schedule 4A of the Domestic Violence, Crime and Victims Act 2004, to enter your premises by force should you wilfully refuse to pay the outstanding fine and costs.

 

To prevent the removal of your goods and the expensive additional removal costs you must make immediate payment. Failure to do so will result in the re-attendance of your premises with Locksmiths and the Police to remove your goods even in your absence.

 

NO FURTHER NOTICE WILL BE ISSUED.

 

Is he just being a bully or can he really get a locksmith to drill out my locks while I'm out over a dart charge penalty?

 

I will respond in more detail when your thread is moved into the proper area. In the meantime, please be assured that the bailiff cannot use a locksmith to gain entry. Schedule 4A of the DVCVA 2004 applies to Magistrate Court FINES.......and NOT to Dart Charging !!!

[Kezzy33]

Thank you

I had assumed that but he seems to be using every scare tactic he can think of.

 

He was extremely aggressive with the way he spoke to me on the phone too,

stating that he will bring the police with him if he has to & they will give him access to my home.

 

I wouldn't mind but I have nothing for him to take as I was burgled in July 2016 so the only thing I have left is a 10yr old LG tv that the sound flicks on & off on.

 

I'm pretty much bankrupt hence the application of the debt relief order but he didn't seem to be listening to me one bit.

[Bailiff Advice]

Hello

 

I had a dartford crossing penalty charge that I never paid as was in & out of my property due to domestic violence issues.

 

I was not at my property to recieve this letter to meet their deadline so it went unnoticed. I called equita as soon as I returned home to explain my situation & they just said it's in the hands of their enforcement officer now so deal with him. What a monster this man is!!

 

Were you living elsewhere when the notices were sent to you?

 

Do you still have a vehicle?

[Kezzy33]

I was staying at friends due to domestic violence issues,

 

I still own the car but it's with the metropolitan police safeguarding team as it was involved in an incident with my ex partner. They have had it since May 2016 & refuse to return it.

 

It's my own fault for not dealing with the dart charges straight away but obviously being a single disabled parent facing the above issues it was the last thing on my mind at the time.

 

While waiting for a reply I searched the DVLA records for details on my car & it is showing that no details are held on this car anymore.

 

 

Could that mean that it has been crushed now?

 

It was in a state from being crashed but I thought the police would have to notify me of the destruction of my car not that I've enquiried about it in at least 3/4 months.

[Bailiff Advice]

I was staying at friends due to domestic violence issues,

 

 

I still own the car but it's with the metropolitan police safeguarding team as it was involved in an incident with my ex partner. They have had it since May 2016 & refuse to return it.

 

It's my own fault for not dealing with the dart charges straight away but obviously being a single disabled parent facing the above issues it was the last thing on my mind at the time.

 

I think that the best solution for you would be to submit an Out of Time witness statement with the Traffic Enforcement Centre. All bailiff enforcement will then be placed on hold for approx 6 weeks. You will need ther penalty charge notice number (which for Dart Charging will start with IA and be followed by 8 numbers) for the forms.

 

I would not suggest that you speak with the bailiff at this present time.

[Kezzy33]

Thank you so much for your help.

I now have all the relevant paperwork in hand & am happy for pay the charge just not the bailiff.

 

Shall I just ignore him & his threats of a locksmith then?

[brassnecked]

Thank you so much for your help.

I now have all the relevant paperwork in hand & am happy for pay the charge just not the bailiff.

 

Shall I just ignore him & his threats of a locksmith then?

Follow the advice given by BA, the out of time will keep the bailiff awway, and if accepted there may be a chance to pay only the original Dart Charge. This bailiff would not be allowed to drill the locks anyway as it is a civil penalty.

[Bailiff Advice]

Thank you so much for your help.

I now have all the relevant paperwork in hand & am happy for pay the charge just not the bailiff.

 

Shall I just ignore him & his threats of a locksmith then?

 

If you pay the Dart Charge to Highways England, then your payment should be forwarded to the bailiff company so that they can deduct their Compliance fee of £75. The balance of the payment would be split on what is called a 'pro rata' basis with approx 60% being allocated towards the unpaid Dart Charge and 40% towards the remaining bailiff fee.

 

PS: My above comments are almost identical to a very recent Local Government Ombudsman decision which I intend posting up in the 'discussion' section of the forum later today.

[Kezzy33]

If you pay the Dart Charge to Highways England, then your payment should be forwarded to the bailiff company so that they can deduct their Compliance fee of £75. The balance of the payment would be split on what is called a 'pro rata' basis with approx 60% being allocated towards the unpaid Dart Charge and 40% towards the remaining bailiff fee.

 

PS: My above comments are almost identical to a very recent Local Government Ombudsman decision which I intend posting up in the 'discussion' section of the forum later today.

 

Is that the original penalty charge of £115.50 as I've tried to pay that but it says I have to go through equita as my debt has been passed on. Equita won't deal with it as they have given it to this bailiff.

I feel like I'm going round in circles

[Bailiff Advice]

As I said earlier, the Out of Time witness statement is the correct course of action.

[Kezzy33]

I have printed off & filled out said form & will post tomorrow morning recorded delivery.

 

Thank you again for all your advice

[Bailiff Advice]

I have printed off & filled out said form & will post tomorrow morning recorded delivery.

 

Thank you again for all your advice

 

Please......NEVER post an Out of Time witness statement. They need to be submitted to the Traffic Enforcement Centre by email. That way, as long as the application is received at TEC by 4pm, it will be PROCESSED today. That does not mean that bailiff enforcement will be placed on hold today......usually the enforcement company will receive instruction to cease enforcement by the following morning.

 

On your form, have you explained that you had to move out of your property due to domestic violence? It's important that you do mention this.

[Kezzy33]

Oh sugar thanks for that.

 

I've downloaded the form & filled it in but it won't let me sign it as it keeps saying it security settings are too high, any idea what to do?

[dx100uk]

print it

sign it

scan it to an attachment