Advice Equita and CTAX LO

[mizzbabyjess]

Hi,

 

I have fallen behind with this years council tax, due to unemployment,

 

I emailed the council in July to ask if I could go onto a payment plan, to which they replied that I needed to call them,

 

I have done this today and have been informed the debt has been passed to a bailiff working for Equita,

and that I need to speak to him directly.

 

Which I haven't done.

 

I have tried constantly to get through to my local council council tax recovery but I am having no luck at all,

 

I really want to stop the bailiff from calling as of yet he hasn't.

 

Any advice would be really appreciated.

[dx100uk]

prob not the council you spoke to but capita

they control many council front desks regarding ctax

 

they own equita bailiffs so will always say that

 

if you can pay

 

do it direct to the council by YOUR

internet banking portal

 

they cant refuse it that way.

if the silly beggar does call

just tell him you are already paying the council direct.

 

were you aware they were getting a liability order, did you get the letter?

 

they cant just pass it to a bailiff without one.

 

as you say you are on benefits

you might well be classed as vulnerable too have a read of this:

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

.

Vulnerable situations

•

Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is evidence of a potential cause for concern. If necessary, the enforcement agent will advise the creditor if further action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.

•

Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.

•

Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.

•

Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.

•

Those who might be potentially vulnerable include:

'

the elderly;

'

people with a disability;

'

the seriously ill;

'

the recently bereaved;

'

single parent families;

'

pregnant women;

'

unemployed people; and,

'

those who have obvious difficulty in understanding, speaking or reading English.

 

this applies to the whole HOUSEHOLD 'a' vulnerable person resides there.

 

....

 

can you not get council tax benefit too?

 

dx

[mizzbabyjess]

Thank you for your response, I have managed to get through to council tax recovery,

 

I explained everything to them & the fact that a bailiff hasn't actually called,

 

I have arranged a repayment plan to start on the 16th September,

 

he said this will be confirmed in writing & was happy for me to have his name.

 

So as long as I stick to my repayments,

 

hopefully all should be ok.

[mizzbabyjess]

Hi, I hope someone can help?

 

I am in a repayment plan with Equita with regards To my council tax,

as my local authority wouldn't take the debt back.

 

I have paid one instalment via debit card,

 

 

I am due to pay another instalment, and

 

 

when I checked my bank account the bailiff has already taken £200 from my card without my consent.

 

 

I was going to pay with another card as the money in the account he took money from was my husbands account.

 

Surely they cannot just take money from cards without consent.

I have never signed any thing to say this was ok.

 

Also I thought that when you sent card details they were supposed to be destroyed after payment.

 

Could someone advise thank you

[mikeymack2002]

Can you please post up more details please. When did they turn up did you receive the 7 days notice letter and as much details as you can.

 

 

How cone the EA got your card details and did you authorise the payment by the EA or did a 3rd party give you card details.

 

 

Also have you checked to see if there are any other LO's due to the Council

[mizzbabyjess]

Hi received the official letter.

I authorised the first payment by giving my card details to the bailiff in August.

I have never authorised the 2nd Payment.

The bailiff has kept my details without my knowledge and taken another payment, I didn't even get an acknowledgement of payment or receipt of payment until I checked my husbands bank account.

This has been done totally without my consent or knowledge.

I just have the one outstanding debt.

[mikeymack2002]

I would call the bank and have the card cancelled and a new one issued urgently, please confirm if you can if you have had the latest letters from the EA giving you 7 days or was this being dealt with pre April 06 2014?

[mizzbabyjess]

I will check the letters, as far as I know they were correct.

The bailiff turned up in the afternoon and made a repayment

Plan, but I have never had it in writing or confirmed.

I have spoken to the bank, I have to call back in the morning, they have said they can put a stop on the payment as It was never authorised by myself or my husband.

I just hope they can.

I fully accept that I have to repay the debt, but at no time did I think that a bailiff would just take our money when he felt like it, also I have no receipts.

[mizzbabyjess]

Hi just an update on this debt and I would like some advice?

The total debt owed is £1,599.53 including £75.00 compliance fee.

To date I have paid £950 off this debt as I agreed to pay installments.

I am due to make a payment today. however last night i had a voice message from the Bailiff informing me that they would like to make an appointment for them to come and remove goods after 12pm today.

I sent a text back stating that it was agreed payment today before 12pm, to which he replied 'ok'

At no time has the bailiff ever presented me with a possesion order.

He also tried to tell me last week that I had only paid £600 pounds and the debt was £1900.

I again replied by text listing the payments made and dates and stated these were showing on my bank account as Equita.

To which he replied 'oh yes ive just checked that is correct'

I have today found the letters from Equita stating the total amount owed to the local Authority which is £1,599, obviously this is less £950.00 which I have paid + plus a payment today.

My concern is that he is harrassing me for full payment when i have already paid £950.00 off the debt.

He also seems to keep getting the details wrong, this is why I have only used Text so I have proof.

[unclebulgaria67]

Make a complaint to Equita about this. If you have a payment arrangement, then it may just be a mistake that they contacted you about a vist, rather than harassment. Get them to confirm in writing that they are happy with payment arrangement that you are complying with.

[lookinforinfo]

The EA should not have taken money from your husbands account. Put in a strong complaint to the Equita and the Council. It would not be wise to get a chargeback

as you will be seen to have broken the arrangement which will add further costs to your bill.

 

The same thing happened to me several years ago and I ended up taking the bailiff to Court and winning. It is very annoying when bailiffs do that and then confirm

that they were given permission to take the money when questioned. Unfortunately even under the Data Protection Act, they are able to retain the bank information for some time to

allow them to make any necessary refund in the future. Nor will the Police be any help -"it's a civil matter" they will say-when it patently is not a civil matter.

[mizzbabyjess]

Thank you for your reply.

I have just spoken to the bailiff, who insists the total amount payable is £1900, i explained that I have letters from Equita stating the total amount payable is £1,599.53, he said that Equita have got it wrong and there are charges added, I said that includes the compliance charge, he said no there are other charges, when I asked him what they are he said I dont need to know that, to which I said I want a breakdown of the charges, he said he was not prepared to do that. At which point I said I would then contact Equita as this is not showing on their letters.

I am wondering who is in charge Equita or the bailiff?

He then said he was coming to remove goods, i asked him exactly what was he going to remove, to which he didn't have an answer, he did ask me if i have anyone under the age of 16 living with me, I replied my daughter who is 15, then he said ok I will revert back to the repayment plan.

Does it make a difference if you have anyone under the age of 16?

I totally accept that the debt has to be paid and at no time have I tried to get out of paying the debt the fact that I have now paid £1,220.

But I do not like how the bailiff is acting especially when i am not refusing to pay.

Advice as to my next course of action would be very helpful please.

[ploddertom]

As well as writing to Equita for a full breakdown you should send any copy of correspondence to the Council as they are ultimately responsible for the actions & charges of their agents.

[lookinforinfo]

You said that the Ea had visited your home to collect your payment. This would have incurred another payment of £235 providing that you had already received a Notice of Enforcement giving you at least 7 days from the time you received the Notice and that you had called them and made

an offer of repayment. If you did receive such a letter, could you please advise us of the date on the letter: the date by which you had to contact the bailiff:

the date you received the letter: and when you contacted the Ea to make payments. Also when the EA called, did you let him in? I f you didn't-well done-and DO NOT

let him in ever as that will increase your fees to him.

Include in your complaint to the Council the fact that the bailiff is not providing you with full details of their fees-something he should have done when he called-and remind the Council that he should have done so. If it was me, I would send a copy of your complaint on to the Local Governement Ombudsman for

reference as it may end up with them if the Council do not take your complaints seriously enough. [address your complaints to the CEO of the Council so it

bypasses the lesser human beings who may be employed by the same company that employs Equita.

If you or your husband have a car outside it will be best that they are parked some way away from the house or in your locked garage to prevent it being clamped.

[brassnecked]

Copyt the elected leader, your local council member and MP into the complaint. ObviuouslyEquita and Capita have not learned a thing. Wonder if this ia a Capita council with Capita who own Equita running the revenue back office?

[mizzbabyjess]

I have had a hand delivered notice from Equita regarding an old council tax bill belonging to my partner.

My partner no longer lives at my address. I am concerned they are going to turn up and clamp my car.

Is there any documentation I can send to Equita?

I have the log book proving the car is mine, I also have my council tax that is in my name only.

Is there a letter I can send to Equita to stop them.

 

Thank you

[ploddertom]

Was the bill solely for him for an address he had lived at previously, did he live on his own?

[mizzbabyjess]

Hi, Yes the bill is solely in his name.

[Bailiff Advice]

I have had a hand delivered notice from Equita regarding an old council tax bill belonging to my partner.

My partner no longer lives at my address. I am concerned they are going to turn up and clamp my car.

Is there any documentation I can send to Equita?

I have the log book proving the car is mine, I also have my council tax that is in my name only.

Is there a letter I can send to Equita to stop them.

 

Thank you

 

In fact, I would suggest that you speak with the council as well but before you do so, you say that the debt is for your partner but he no longer lives at your address.

 

Is the debt in connection with your property or a property that you both shared together? If so, the council are only required to put one name on the council tax bill even though the debt is a joint one. I am just slightly concerned that the council could seek to make you liable instead of your partner. If the debt is a joint debt they can indeed do this. Can you clarify the position.

 

 

PS: I notice that Ploddertom asked the same question above but your reply was only to say that the bill is in your partners name and did not clarify the position as to whether the debt could be a 'joint' one.

[mizzbabyjess]

Hi, further to my previous posts im hoping someone can advise?

My current payment fell due on Saturday 8th Nov, I received a text message from the bailiff stating to call him to make payment. I replied straight away asking for the full balance outstanding to make payment.

I never received an an answer, Last night at 9pm I received a voice message from the bailiff stating that I had broken the arrangement, and I could I be in Thursday Morning as he would come to remove goods. I have NEVER let the bailiff into my home and at no time have I received an inventory of goods

I text him stating that I was awaiting his text regarding payment and the balance. He then text me at 9.20pm asking me to pay there and then. He then said the balance was £948 and had to be paid in full.

I have now found the enforcement notice from him which states:

Debt £1,520.33

Compliance Fee £ 75.00

Enforcement £237.00

Total Due £1,832.53

I have up to now paid 1200 as I have an agreed payment plan of £320 per month

So according to my calculations I should only have £632.53 left to pay.

This is not the first time he has tried to say I owe more than I do.

I am due to pay him today, but to be honest I am really struggling to find the payment.

I wish I could pay the balance left just to get rid of him.

I might be able to lend £300 from a friend, but they will insist on paying it online direct to Equita as they will not want to give their card details to a Baillif, Should I let the Bailiff know my friend is going to do this?

Also should he be demanding payment at 9.30pm

Please can someone advise as I need to make a payment today.

Thank you

[brassnecked]

Get the bailiff to put his demands in a TXT unless you can record the call he will deny all he said, Formal Complaint to council CEO and Equita would be in order so long as you get the evidence of the bailiff's actions. Your mistake was to withold the payment as he will deem any arrangement broken anbd go in for the kill. If he has never been in, DO NOT let him into your home and hide any cars prior to his visit.

[mizzbabyjess]

Thank you for your reply.

The thing is i didn't refuse to pay this months which was due on Saturday 8th, i text him to ask for the balance so I could make payment.

He just ignored my texts.

Then called me late last night saying I had broken the arrangement.

He also said he never received the text and when I said that I could send proof he said, ok well i want full payment now this was at 9.30pm last night.

All conversations are on text so I have proof.

I am going to text him this morning saying I have found the enforcement notice and the breakdown, also the payments made so far by me totaling £1200, which leaves a balance of £632.53.

Do you think I could ask him that I get paid next week and therefor can pay the full payment of £632.53

I will also be sending a letter of complaint to the relevant people.

[brassnecked]

Don't ask him squat, he will twist and use it against you and demand more. Stay off the phone to him txt only as that leaves an audit trail, unless you can record the call, if a mobile look for a call recorder app before you phone him.

 

Other Caggers will no doubt add further salient advice.

[mizzbabyjess]

Thank you.

I have it in writing from him the total amount £1,832.53

So I don't know how he keeps trying to make it more, every time i have text him with the correct amount he usually says ok.

What really angers me is i have paid £1200 so I haven't at any time refused to pay, and I only have £630 left.

Can I make payments via Equita's online payment and not to him?

I have just received a text from him stating that it is the enforcement agent from Equita regarding council tax, call me to pay ASAP.

I would never call him anyway, i only ever text.

Can I make a payment using Equita's Online payment and then just text him the ref number?

[brassnecked]

When was the plan entered in to? was it before April 6th this year? i