Equita Bailiffs re. Council Tax

[ozaric]

Equita problems with bailiffs

This company were so rude on the phone, I ended up in an argument with them about a so called parking offence which was paid at the time. I had not received any communication from anyone before this bailiff, they state they have every right to force entry into my home and take goods. I was under the impression after reading these threads that they could not force entry into my home.

A man named Paul claiming to be a manager said “all we have to do is say that you have allowed us access before and then we can force entry even if you are not home”. This seems very illegal to me but apparently it would be my word against there’s what is also stopping them gaining entry via my old windows even if they were closed it would not be easy to prove that they actually forced entry into my house, anyone with any suggestions?

[pregnant]

Please help! im am 5 months pregnant and have equita chasing me for unpaid council tax.

They are now trying to gain access to my flat.

I am currently looking for work but nobody wants to employ a pregnant woman!

We dont have any savings or any way of paying the debt, i am thinking of just letting them in, but i dont have anything of any value they would take. I am worried they will take our car, which is only worth about a hundred pounds, or worse they will try to imprison us.

 

Any advise will be a great help.

[hallowitch]

Do Not Let Them In You Are Pregnat You Can Get It Sent Back To Council

Do Not Let Them In

[hallowitch]

there are a lot of clever people on here that will be along soon to help you

you should start your own post

please don't let them in they have no right to come into your home do not answer door to them

[kaysloon]

Hi, like above I recieved a 'payment due in full - 24hours'.

On previous occassions I have telephoned Equita to be told to carry on paying what I can and ignore the letters as they are computerised.

Up to last week they had money from me. I would much prefer to pay via DD but they wont allow it.

This debt should never have come about in the first place. I have been on incapacity and disabled benefits since 1995 without a break. When I queried the first 'red' bill I wa told that I had 11k in my bank and was therefore not entitled to CT benefit......I WISHED. It so happened my mother had the same bank, and I, along with my sister was added to that account when she became unable to control her money through illness. They accepted my explanation. The following year, I had to apply yet again, despite still not working. They mentioned my mothers account was not shown on my statement.

Stupidly I explained that my mother had died. They then stopped my money because I was bound to have inherited. They wanted to know the ins/outs of everything.

I was entitled to the benefit and have been since 1995. I have proved time and time again that I am not wealthy but to no avail. Hence this debt.

On contacting Equita I was told to pay what I could when I could. I do, they cash the cheques, but I still get the threats.

 

I myself am a pensioner and scared witless to leave any windows open. I have to leave my mobility car close to the house. Can they take this vehicle even though it is a leased car thru the disabled mobility scheme?

 

HELP, I need advice, I am scared of going out, or getting back home to find them on my doorstep. I am not in a position to fight back.

 

Thankyou for any advice

[hallowitch]

kaysloon please start your own thread so you can get help with your situation

[deeg]

This is slightly a different issue to council tax but relates to Equita Bailiffs, who paid me a visit this morning regarding London congestion charge. I was sent a penalty notice in December for a vehicle I sold in November 2008. I filled in the penalty notice along with proof that the vehicle had been sold and have done this on several occasions and the transport for London and their associates the TEC who deals with fines, have all the paperwork but it hasn't been entered properly there end - hence the confusion.

 

Anyway, this morning bang on the door from Bailiff asking who I was - first reply was who are you? We've had to correspondence from either the Transport for London or said Bailiff Company informing us of a pending visit. He was extremely vague in his questions but asked who I was and about the above said vehicle. I explained the above and also showed him the paperwork that had been sent. His reply was 'oh' I said that I would call the relevant people and get this sorted, to which he replied that I shouldn't bother as it would do no good. Then he mentioned that a member of his team had been 'checking out' my house and the vehicles parked at 2am in the morning, this I found slightly unnerving.

 

Anyway, I have now had to lodge a complaint with the Transport for London, which involves getting a sworn declaration from a Judge. This will then be reviewed and a decision made. The thing here that seems to be missing is that this vehicle is shown by the DVLA that I do not own this vehicle and did not own it at the time of the offence. It’s absolutely crazy. The Bailiff left me with a fond farewell of "I'll be back in a couple of weeks" - Joy!

 

Can anyone advise me on what action I can take?

[hallowitch]

deeg welcome to C A G could you please start your own thread

[veryworriedindeed]

Hi, hopefully someone can help. My friend contacted me yesterday to say he needed some help with a payment to a bailiff, I agreed to help. I rang Equita today to make a payment to be subjected to a rude person who basically said I had to contact the bailif and although I explained I had rang them several times today but had received no response and surely there was another way to pay. The last date for payment was today the 30th Sept, Equita response was tough they should not have defaulted. I went on to tell them that in this day and age that will happen and I was actually willing to pay but in the end they put the phone down on me probably when I told them it was a way for them to gain more income by not making it easy to pay. Apparently the bill was £60 and is now £293, my friend is suffering from depression and this is why he missed the final payment as he is just not organised and would seem debts are building. He is worried he may lose his car which he needs to get to work. Can anyone give me any information I am now worried that by giving my bank card over the phone to a mobile number it is not secure method but am willing to help my friend. Information would be greatly appreciated and sorry to reply to the last link but I can't seem to log a new thread?

[SteEqWar]

"Equita" Limited the Bailiff Company.

 

My dealings with these so called court appointed bailiffs are as follows.

I receive a letter from Equita demanding £175 for driving through the emmissions zone in London in a car that had not been run for quite some time.

 

I had never received any notifaction from Transport for London, who the alleged debt is being held with.

 

I called Equita who told me that unless I actually paid there the money the bailiff would be arround the next day force his way in and take my goods.

 

We had several arguments on the phone about the legality of what they were stating, After three days of no show by the bailiffs and tons of calls with threats from them my friend decides to build a website about them which is Equita&us.

 

Equita then employed Edwin Co London Solicitors stating that I had wrote the website and that they were going to sue me for £100,000

 

I denied building the website but Equita Solicitors continued to state that I had and pursued the matter through the High Court in London they made there accusations of which I did a defence as follows

DEFENCE TO CLAIM

 

1, The Claimant is a company which collects debts by using certified bailiffs.

 

 

Agreed as true to the best knowledge of the defendant Sxxxx Jxxxx.

 

 

2,The first defendant is the sole director of Winterbourne Consultants Ltd

 

 

Agreed as true to the best knowledge of the defendant Sxxxx Jxxx.

 

 

2(b) Winterbourne Consultants Ltd which is described on the website www.equita.org.uk (“the website”) as “powering” it.

 

 

Denied as untrue to the best knowledge of the defendant Sxxx Jxxxx The defendant has never seen the words used in this manner on the “website”. i.e. “powering it” or words to that effect involving the company of Winterbourne Consultants Ltd the defendant believes that the accusation is false and malicious and is only mentioned in this case in an attempt to pervert the course of justice and to prejudice a case against the defendant Sxxxxx Jxxxxx

 

 

3, The second defendant (“Mr Txxx Wxxxx”) is the registered owner of the website.

 

 

Agreed as true to the best knowledge of the defendant Sxxx Jxxxx.

 

 

4, From a date in February 2009 and continuing the defendants have published the following photograph on the website at http://www.equita.org.uk which defames the client.

 

 

Denied as untrue to the best knowledge of the defendant Sxxxx Jxxx. The defendant Sxxx Jxxxx has never published or has caused the publication of the alleged photograph.

 

5, The photograph is not of one of the Claimant’s employees, It has either been posed or the word “Equita” has been digitally imposed upon it.

 

 

Denied as untrue to the best knowledge of the defendant Sxxxx Jxxxx because the defendant Sxxxx Jxxx has no knowledge of how the photograph was obtained, whether it be an employee of the claimant or not, or whether it was a posed photograph or the words “equita” were digitally imposed upon it as it is not the works of the defendant Sxxxx Jxxxx and the defendant Sxxxx Jxxxx has no knowledge of who took the photograph or how it came about to be on the “website”.

 

 

6, From a date in February 2009 until a date in March 2009 on the website at http://www.equita.org.uk the defendants published or caused to be published the photograph set out above and the following words which defamed the Claimant:

 

They also threatened us by saying they are going to send someone round our house, break into the property and retrieve goods.

Denied as untrue to the best knowledge of the defendant Sxxxx Jxxxx. The defendant Sxxxx Jxxxx has never published or has caused the publication of the alleged photograph in question or the words the claimant alleges

 

7, From a date in February 2009 until a date in March 2009 on the website at: http://www.equita.org.uk the defendants published or caused to be published the following words which defamed the Claimant:

 

They threaten to break into your property and take all your stuff even if you have done nothing wrong. They threaten you and they even come down and break your car windows just to **** you off.

 

Denied as untrue to the best knowledge of the defendant Sxxxx Jxxxx. The defendant Stephen Jones has never published or has caused the publication of the alleged words that the Claimant states.

 

8, The natural and ordinary meaning conveyed by the words set out in paragraphs 4 and 6 above is that the claimant illegally breaks and enters into people’s property.

 

 

Denied as untrue to the best knowledge of the defendant Sxxxx Jxxxx, the natural and ordinary meaning conveyed is they threaten to break into someone’s property even if someone has done nothing wrong to justify any type of action there is no mention of the word illegally. Again this is counsel for the claimant trying to twist simple words into something it’s not.

 

 

9, The natural and ordinary meaning conveyed by the words set out in paragraph 7 above is that the Claimant will illegally break into someone’s house for no reason and criminally vandalise a person’s car by smashing its windows just to upset that person.

 

 

Again denied as untrue to the best knowledge of the defendant Sxxx Jxxxx, the natural and ordinary meaning of the word would indicate that they threaten to break into your property it does not state there is anything illegal within that context and further has evidence of the claimant does have a reason and is in receipt of a demand to pay £261.13 immediately which states take notice Certified Bailiffs and removal contractors will be calling to remove your goods for sale at public auction. The letter which I hold as evidence was dated 27/05/2009.

 

 

Equita Bailiffs are also aware since February 2009 when they were contacted because of the first letter sent by Equita Bailiffs, that I would never allow them into my property to take goods and the only means of getting into my property would be by forced means or a proper warrant of execution allowing them forced entry.

 

A fax sent to me from their sales office proves that do not get warrants allowing forced entry. The Claimants were advised that there is a 12 foot wall surrounding the property with padlocked gate to enter the property. The defendant Stephen Jones was advised by the claimant that they would climb the wall or remove the padlock. They were also advised that there are two guard guards on patrol with correct signage indicating this. The defendant was advised by the Claimant if they got in and got bitten by one or both of the dogs they would have the dogs put down. My dogs freely roam my property and are allowed to do so by law they have never injured anyone, but I have never had anyone try to break into my premises. Because of this threat I can no longer leave my dogs to roam the premises freely just in case Equita bailiffs turn up like they keep threatening to do so thus we cannot enjoy our property in the way we used to for fear there will be more false a malicious allegations made by Equita.

 

 

The defendant Sxxxxx Jxxxxx then stated that even at that point there is still a door to get into my property which I would come outside with a handheld recorder to record any conversation which takes place and any damage, threat or violence would be reported to the police.

 

 

I was advised by the Claimant that the bailiffs would gain entry whether or not I allowed them and they would then have the rights to come back at any time and force entry at any time. Considering that I would never allow there bailiffs into my property without a correct warrant and Equita have been notified of such in writing and there licence and or warrant does not allow them to force entry/ climb walls remove locks or assault members of the public to gain entry as such, the only way they could achieve what they claim this is either using skeleton keys, damaging the property or assaulting a member of my family this would make the alleged statement on the website “true” and thus cannot be seen as defamation.

 

 

Further the defendant Sxxxxxx Jxxxxx has never published or has caused the publication of the alleged words that the Claimant alleges the defendant denies the allegations as untrue.

 

In relation to the car, it was vandalised and property stolen and witnesses reported this to the police, considering the timing and what took place and what was taken from the car. And what was not taken from the car. The defendant asked a director at Equita Limited if they had damaged the car, The damage to the car was reported to West Midlands Police who believe the crime was done out of malice and was not your usual type of theft from a car the police also suspected that Equita Bailiffs may well be have been responsible for what took place. I have never stated that Equita Bailiffs have vandalised my car and I the defendant Sxxxxx Jxxxxxx has never published or has caused the publication of the words the Claimant alleges.

 

 

10, The Claimant is the largest company offering the services of certificated bailiffs within the jurisdiction.

 

The defendant Sxxxx Jxxxxx understands from your previous letters the word jurisdiction is in reference to the UK (United Kingdom) If this is the case Company House records would indicate a very different story to the best of the defendants knowledge and belief that the statement is false and that “Equita” are trying to paint a false picture as the largest Company in its field and the defendant has no understanding of why the Claimant would want to claim this, the only consideration is that Equita believe by stating this the damages they would falsely win would be substantially increased.

 

 

By reason of the website address www.equita.org.uk with its obvious association with the claimants name a significant but presently unquantifiable number of persons who were seeking information about the claimant would be directed to the website. It is thus to be inferred that a substantial number of persons have read the words complained of.

 

 

I admit that the website www.equita.org.uk has an obvious association with the claimants name and there is a strong possibility that persons seeking information about the claimant may be directed to the website only if they do substantive research into the company as the website only appears on page two of any search engine. (Not any more page 1 now) I further deny that the website is my intellectual property. Anyone in the world can purchase a domain name and rent space on servers for any reason. It is my belief that Txxxx Wxxxxx is the owner/author of the website.

 

 

11, By reason of the publication of the words complained of the Claimant’s reputation has been damaged and its goodwill diminished.

 

I Sxxxxx Jxxxxxx the defendant deny strongly that I have caused any damage to the Claimants reputation and/or damage to its goodwill as I am not the owner/author nor have I caused the publication of any such material.

 

 

12. Unless restrained by this Honourable Court the defendant will further publish or cause to be published the said or similar words defamatory of the Claimant.

 

 

The defendant Sxxxxx Jxxxxx denies fully that he has published or caused to have published any words or images that are defamatory to the Claimant. So the defendant is at a loss as to how the honourable court could restrain the defendant Sxxxx Jxxxxx from further publishing comments in the future about the Claimant defamatory of the claimant.

 

 

A further note that the perfect defence to a claim of defamation is truth, I am not a lawyer but I would assume that based upon my experiences with the Claimant most of the statements are true and factual or are basic questions and not statements and anything of a derogatory nature written by Mr Txxxx Wxxxx has been removed by the defendant Txxxx Wxxxx. I further state I have not produced the said website, been an author on the website or acted in any way to request information be put on the website. I have only assisted in helping the claimant persuade Mr Wxxxx to remove certain text from the website which could leave a false impression that the defendant Sxxxx Jxxxx authored or built the website.

 

 

And the Claimant Claims:

 

(1)Damages for libel

 

The defendant Sxxxx Jxxxxx respectfully requests the honourable court deny this request based on the fact that the defendant Sxxxx Jxxxx is an innocent victim in the whole sad and sorry saga brought about by a company that believes is above the law and has made statements in these proceedings that are false.

 

 

(2)An injunction restraining the defendant, whether by themselves, their servants or agents or otherwise, from further publishing or causing to be published the said or similar words defamatory of the claimant.

 

 

The defendant Stephen Jones respectfully requests the honourable court to deny this request because the defendant Sxxxx Jxxxx has never published or caused to be published the said or similar words defamatory to the claimant. This has been made very clear throughout the situation of dealing with the lawyers for Equita Limited Sxxxx Jxxxx believes that if the case becomes public knowledge it would have lasting damage upon the defendant but the defendant also believes that without the honourable court issuing an injunction Equita Limited would then lose their ability to intimidate people into paying money to their company.

 

 

Respectfully submitted

 

 

The defendant believes that the facts in defence of the allegations in this statement of defence are true:

 

 

I got so sick of hearing from this solicitor every weekend with more threats or demanding deeper and deeper information about companies I own that I decided to write a website the site is called (Equita Bailiffs) The Real Truth and will relay stories and videos about bailiffs activities.

 

 

I even market the site by doing Google Adwords on a pay per click basis pureley to let anyone know what Equita are realy all about.

 

 

To my rekoning it cost Equita £30,000 for the proceedings against me which have now in light of my defences have been dropped

 

 

So on the money stakes it Equita 0 Me £30,000 they have stupidly enough again started to write to me again (so funny)

 

 

There recent letter has gone up in price and now says this

 

AUCTION NOTICE

Dear Mr Jxxxxx,

Re: Congestion Charging penalty Charge Notice TF01879527

As we have been unable to locate your vehicle **** *** I have arranged for my bailiff to call at your home this coming weekend with a removal contractor when he will remove your goods from your home and deliver them to the local Auction House.

 

 

I would prefer that you were in attendance when the goods are removed and should another day be more suitable I urge you to contact my office immediately.

 

 

Should you prefer to pay the outstanding Congestion Penalty Charge Notice due to Transport for London I will require the full payment to be at this office in good time before the bailiff calls.

Yours Sincerely

Bailiff Manager.

 

 

My answer to this is,

 

Firstly as explained to you in writing back in February I did not drive through London on the date alleged by you or transport for London

 

 

You have never provided proof that I drove through London.

 

 

I have never received a ticket from Transport for London

 

 

I have never had the oportunity to defend myself in any court action.

 

 

I told that you would never receive any form of payment from me and I would fight you in any court any day.

 

 

You employed Edwin Coe Lawyers in an attempt to take me to court for Defamation of Character for libel but have wrote to them several times you drop the case aggainst me.

 

 

You now start writing again claiming falsehoods.

 

 

1) You will not be taking any of my goods.

 

 

2) You will not be auctioning my goods.

 

 

3) You will not be allowed into my home.

 

 

4) You will not be delivering my goods anywhere.

 

 

5) Irespective of whether I am here or not there will be no windows or doors open or unlocked.

 

 

6) To retrieve any of my goods you will have to break the law by either forcably gaining entry to my property

 

 

7) What I will do is call your office and inform you of any action by you is illegal and will continue to do so until you are honest.

 

 

All calls will be recorded

 

 

9) I will email you confirmation again that you are not allowed to do what you claim in your letter

 

 

Jxxxx v Equita round 2

[Tired of being bullied]

Hi, just need some advice please, this company have been sending letters to my address to someone, we have been sending them back unopened, this morning I thought whats this all about, i opened it and low and behold they are after unpaid council tax arrears from this person, I've phoned and tried to explain that they can not have access as i have firearms on the premises, the numpty on the other end said that i was threatening him which i found really odd as i had just tried to explain that the person that owes the money does not live here and they will not be allowed in, they have asked for a copy of a gas bill to prove who lives here, I don't feel that we should do this as they could look on the electoral role, and under data protection they could do what they like with the utility bill.

 

P.S. I've got the managers number if anyone wants it his name is Paul Saunders

 

 

1. Dont panic.

2. These people dont have a sense of humour so dont bother.

3. Phone the people then write (as evidence) and only say I want my address removed from your mailing list.They will try and deviate but you must stray strong. I want you to remove me from your mailing list.

4. You dont need to show then anything. Do not engage in conversation with them.

 

Believe me it will stop.

[IVXIceManXVI]

Hi, just a quick question to anyone still using this thread, can a baliff enter a property to collect money/property from me even if i am not the legal tennant and i am not on the tennancy agreement? thanks

[hallowitch]

Hi, just a quick question to anyone still using this thread, can a bailiff enter a property to collect money/property from me even if i am not the legal Tennant and i am not on the tenancy agreement? thanks

 

 

that depends on

 

1)what the debt is for

2)if they have been in to the property before to levy goods

3) if you have goods in the property of any value

 

this is just rough guide without knowing what the debt is for its hard to give a specific answer

 

 

 

a bailiff can levy distress anywhere in england and wales regardless of if you are the tenant as long as they can confirm that this is the address you live at if they gain(peaceful) entry then its up to the owner of the goods levied/removed to prove they belong to them not you

[IVXIceManXVI]

Hi and thanks for the help, the debt is for council tax and unless it was a previous tenant, they haven't been in here before and all i own are the clothes on my back. Due to certain circumstances, i was forced to move to where i am now with anything i could carry and didn't even recieve most of the letters they sent out due to me not being here, although i realise it was a stupid thing to do now, i tried to phone the baliff that had been to my door, i didn't answer at the time, and he is unwilling to offer any payment plan, i even went to citizens advice and they phoned him asking the same thing and he still refused, and i even tried calling the head office and they told me i could only deal with the baliff directly. Now im just waiting to hear back from citizens advice to see if they've made any futher progress with contacting them or the council, so for now, im just trying to learn as much as possible about rights i have/dont have.

[hallowitch]

Hi and thanks for the help, the debt is for council tax and unless it was a previous tenant, they haven't been in here before and all i own are the clothes on my back. Due to certain circumstances, i was forced to move to where i am now with anything i could carry and didn't even receive most of the letters they sent out due to me not being here, although i realise it was a stupid thing to do now, i tried to phone the bailiff that had been to my door, i didn't answer at the time, and he is unwilling to offer any payment plan, i even went to citizens advice and they phoned him asking the same thing and he still refused, and i even tried calling the head office and they told me i could only deal with the bailiff directly. Now I'm just waiting to hear back from citizens advice to see if they've made any further progress with contacting them or the council, so for now, I'm just trying to learn as much as possible about rights i have/dint have.

 

 

please start your own thread blue link below

 

if you live with a mate/girlfriend/parents you/they can send the bailiff company a statutory declaration saying that all the goods in the property (apart from your clothes) do not belong to you the bailiff should then return the debt back to the council as nulla bona (no goods to levy)

 

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

[OceanBreeze]

I recieved a letter from Equita, today, addressed to a former guest at my home, which I opened by accident.

I was horified to learn that, acting on behalf of a local authority council more than 400 miles away from my home, Equita, with less than 24 hours notice, were preparing to come to my home

 

"With a Removal Contractor when I will remove your goods to the local auction house."

 

The letter went on to state,

 

"I would prefer that you were in attendance when your goods are removed."

 

I immediately called Equita, and informed them that the person they were seeking was simply a guest in my home, and had left my property in february.

Equita then wanted me to furnish them with evidence that I was the sole occupant of my property!!! (Copies of tenancy agreements/Council tax bills etc)

 

EQUITA WERE *SO* RUDE!!!!!

 

Following my conversation with them, and worried about their legitimacy, in light of the proliferation of identity fraud, I did a search on the web of baliffs powers.

 

This was the first site I found;

 

Bailiffs | Liberty Debt Solutions

 

I learnt this,

 

"they are not allowed to treat you unfairly and make unreasonable demands. You are protected by the law (e.g. the Administration of Justice Act 1970 which protects you from harassment) and you should not be made to feel like a criminal. Often when a debt collector or bailiff realizes you are aware of your rights and willing to stand up to them they will move on to an easier target.

We have outlined below some of the behaviour the OFT regards as unfair: If you are subjected to any of the below then you should keep a detailed record of it and consider making a complaint."

 

One of the behaviours considered 'unfair', iand 'outlined below', is;

 

"Sending letters that look like court correspondence or *stating that they can seize your household goods.*"

 

With this evidence for comfort, I then searched out the Office of Fair Trading at this address;

 

Contact us - The Office of Fair Trading

 

"1. Before you contact us

 

We receive lots of common enquiries. For answers to these, please see the FAQs section. For consumer advice, information on specific consumer rights or to make a consumer complaint against a trader, please call the Consumer Direct advice service on 08454 04 05 06 or visit the Consumer Direct website."

 

So I called the Consumer Direct number explaining my situation.

 

They agreed that they would forward a complaint to the Office of fair trading on my behalf, about this company, and advised me to contact the police, regarding the threatened 'removal of my property'.

 

The police were extremely helpful, and outlined all the legal obligations, and restrictions surrounding baliffs.

 

They are NOT allowed to enter your property WITHOUT YOUR PERMISSION!!! Forced entry (even opening a window that is closed but not locked - or putting a foot in the door, is deemed 'FORCED ENTRY')

The ONLY baliffs that can enter your property in this way, are COURT BALIFFS ENFORCING MATTERS PERTAINING TO CRIMINAL ACTIVITY/CHARGES - non payment of mobile phone bills, council tax etc IS NOT A CRIMINAL MATTER!!!!

 

Finally, I contacted the council on who's behalf Equita were acting - speaking with them on the phone explaining the situation, and sending them an e-mail. In my e-mail i quoted both my own council tax reference number and my tenancy numbers, so that via the local authority intranet system, they could indeed confirm that I am a sole occupant, and their absconded client is not a tenant at my address!!

 

I finished my e-mail requesting no further communication regarding their client, either from themselves (the council in question) or agents acting on their behalf (Equita) This final request is also a legally binding request and any breach of this would be deemed as harassment, which is a CRIMINAL OFFENCE.

 

Should either the Council or Baliffs acting on their behalf send any further mail to their absconded client at my address I would then be quite within my rights to seek legal action against them.

 

I hope this helps people experiencing the same issues

 

OceanBreeze

[mickcbcfc]

I hope somebody can help us. We have unpaid council tax with liability order. This was then passed to Equita. We have been receiving threatening letters re. a bailiff calling and today received the below....

 

We are to attend your property shortly to remove goods in connection to your unpaid council tax debt due to ................................

 

We are in your area throughout the coming week and will enfource the liability order without any further notice which includes goods (including motor vehicles) which may be removed if you are not in attendance.

 

To avoid this action you must contact us immediately and make immediate arrangements to pay this debt now.

 

I've called them again today, like I have the last few times and they will refuse to make a payment plan. They said they can not stop the bailiffs from calling but any payments I make will look better on the file when the bailiff does call?

 

I take from reading other posts that if I don't let them in that they have no right to enter my home??? even with a liability order is this correct? Also if I don't park my car on my drive but away from my house what can they do about finding out if a car is mine and removing it? If we don't have a car we can't get to work and can't earn the money to pay the debts.

 

Any help I would be grateful for.

they are operating illeagally. i have contacted them to advise this. also contact a solicitor. and if they continue to harras you and try to enter your property leagally caution them. and also state that none of what is of value belongs to you and if they take anything it is classed as theft. they do not have the right to search rooms in your property. they cannont goe through draws or cupboards. they do not have search warrants. you can stop then entering. if they threaten you or use threatening language or things you find offensive ring the police and have them arrested. all i can advise for now.

[omero]

Hi

 

I have just finalized my encounter with Equita, the Council for whom they work and learned a lot in the meantime via this site and a lot of reading up on law and so forth.

 

First I would say that the post from Mickcbcfc is very good. Equita cannot just walk in and remove anything - their letter quoting the removal contractor should nopt be ignored but they can be told if they turn up with a removal contractor that is harassment and the Police can be called. They in fact, will only become involved in the event of a breach of the peace, and any householder can therefore call them if they feel harassed by whomever comes to the house.

 

the Council should be held responsible for Equita's actions - they are the Council's agents and the ratepayer is the only person with whom the Council has a contract.. for the payment of rates etc. One suggestion is to contact a Councillor and report the behaviour of Equita for which the Council is responsible after all and warn the Council that they are expected to take action againt the Equita cowboys (surely firms like Equita are not what we pay our council tax for..).

 

Worth recording telephone conversations (with Skype you can have a free recorder up to 15 mins called Pamfax for example).

 

Well I just got Equita's charges refund confirmed today, so I must have done somethign right, but the Council havent given up pestering me. Thats another story though...

 

Be aggressive and good wishes!

.

Edited May 25, 2010 by omero

[mummabear1971]

Im having problems posting a new thread so im adding to this one sorry

I have received today a letter from Equita Baliffs which I am very worried about. This debt is for council tax owed before my separation from my husband and I have been paying for over a year. I currently owe £383.16, I missed a few of my installents due to unforseen circumstances.

I am a single parent of 3 children and read on one of your forums that the amount owed could be deducted from my income support and get the baliffs out of the picture.

Plz can you tell me who I need to contact to arrange this?

I am really in a state over this so a speedy reply would be appreciated

Mummabear

[hallowitch]

I'm having problems posting a new thread so I'm adding to this one sorry

I have received today a letter from Equita Bailiffs which I am very worried about. This debt is for council tax owed before my separation from my husband and I have been paying for over a year. I currently owe £383.16, I missed a few of my installents due to unforseen circumstances.

I am a single parent of 3 children and read on one of your forums that the amount owed could be deducted from my income support and get the baliffs out of the picture.

Plz can you tell me who I need to contact to arrange this?

I am really in a state over this so a speedy reply would be appreciated

Mummabear

 

use this this link to start a new thread welcome to CAG if you have a problem with it come back here and i will get a mod to sort it for you

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

[RyderUK]

Result...

 

I had an unpaid parking fine that equita was asked to collect. They attended and charged me £400.

 

I wrote to equita explaining that their bailiff, had made up the charges.

 

They wrote to spell out the charges and following info from here i replied explaining that I had CCTV footage showing that he had never visited me previouisly; that he had charged for a van when he had no distraint on my goods; that he had charged for several fictional visits.

 

I got a letter today confirming the over £200 of those charges were unlawful and will be repaid.

 

It seems that they make up a figure and hope you will not question it.

 

A few years ago I had a problem with Dunstable County Council. Their Housing benefit office decided that I owed them a lot of money and equita were called in.

 

When They found out how much the charges were to be... they contacted equita and tolds them to increase the charges because we lived in an afluent part of town. Equita doubled the fee. I wish I had known then what I know now!

[aj21]

i hope some one can help im 7months pregnant and have equita on my case spokent o the council and have been told that there is no think that they can do know its gone to equita had on round a month ago and set up a payment plan but had a diffrent one round to day where do i stnd please please help me

[RyderUK]

Hi AJ21... In the first place, don't panic. These people behave as though they have rights but in fact they have very few. Under no circumstances let them into your home. They do not have right of entry and although they will try any trickto get in...("Oh I just have to call the office...can I use your phone please" etc.), letting them into your home is a big mistake.

 

They will begin by putting a note through your foor saying that they have called on several occasions and been unable to reach you... and thatthey will be attending within 24 hours to remove you property for auction (or something very similar). This is blatantly untrue, (they can not remove any items from your home unless they have a walking posession previously agreed by you), and since they have no right of entry into your home they are blowing wind hoping to frighten you into paying.

 

They will slap massive charges onto the amount they say that you owe... don't be taken in. The amount that they are entitled to charge is laid out in law. They tried to charge me for several visits, van hire, and all sorts... turned out that the £400 quid chargesthey had made up should have been about £90.

 

Remember that you owe the bailiff company nothing. You have never entered into an agreement with them; neither have you entered any contract with the council that details any payments you might make to a third party.

 

If a bailiff knocks on your door; you have only to tell him that you have no wish to talk to him and that he is not an invited visitor... following which you get straight on the phone and explain that you are pregnant woman being harassed and abused by someone at the door - the police will be there pretty quick. Once they see that you are not an easy mark and are not going to give them lots of money they will move on to their next victim. This is a business andthey are not interested in wasting time... they will simply pass your case back to the council litigation department who are required to try to enter into another agreement with you.

 

Please... Don't let these bullies make life a misery for you, especially at this point in your pregnancy.

 

If you need someone to talk this through with CAB are pretty good, and if you get really worried let me know and I will pass you my number so that you can bend my ear. I have been in your situation and it is not as bad as it seems right now... I promise.

[aj21]

Hi, thank you so much for your advice my partner has spoken to them last night and have told them that if they are to come round again then the police will be called for harrasment and they have said that there going to get back hold of the council to sort it out, but while we was on the phone they still did'nt give us an amount

[RyderUK]

The council we be reluctant to take over administration of the account until it is handed back by equita. Equita have been facing problems in many areas for their bullying tactics and have been ousted from many of the council contracts that they once enjoyed. Did you let them into the house the last time... when you came to a payment arrangement or is this the first visit from them?

 

It is important that you record the date, time and person to whom you speak along with details of any payment arrangement you propose. If this goes back to court then the council employees will be viewed dimly for turning down any offer of payment no matter how small.

 

On a more personal note: Our problems with bailiffs also began while my wife was pregnant. I know that the stress for you is probably even greater than it i for your partner. I imagine that sometimes you just want to leave the house in case they call back - and evenings can be traumatic never knowing whether to answer to door. Try to remember that you are not alone. Many of us have been through the same experiences and understand what you both are going through. My offer stands and you are both welcome to my personal email address or mobile number if you want to talk through options and stuff. I know that when we went through it we would have been glad of the same thing.

 

Don't let this spoil your pregnancy - it's still the best opportunity you will ever have to get your partner to wait on you hand and foot!

 

All the best

 

Chris