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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Hi

 

I am being chased by Equita for unpaid council tax of just under £1700. Now I have dealt with Equita before and wasn't too impressed by the way they operate and ended up paying over £800 for 2 unpaid parking tickets. I should have taken legal action to try an claw back some of the charges but I let it slip. This happened last year, is it too late to pursue this?

 

Any way back to the problem with the council tax. They first wrote to me 2 to 3 weeks ago and again last week. When I phoned them and typed in my bailiff reference number I got an automated reply telling me that a bailiff was now in charge and that I should phone him and arrange payment with him. Now I have tried a couple of times to call him but he does not answer his phone. I have also spoken to someone at Equita who told me that he has my file and that they can not access my information, and they will not deal with me until he authorises them to.

 

After reading a few posts on this forum I would like to know if I should just start paying the council the arrears or try and speak to the thug, sorry bailiff and arrange payment. I can afford to pay it off at £250 to £300 per month, but I know for a fact that when I tell him this he will demand £400 or £500 per month and I defenetley can't afford that.

 

They are threatening to send him around with a van and that I should wait in all week for him to arrive lol! what a joke. My wife is in a terrible state telling me that I should just keep phoning him and agree to what ever he demands, but to be honest I am not getting my self too stressed out over it. Although to be honest I am a bit worried about the extra charges.

 

So basically I need to know wether I should ignore these idiots and go straight to the council or instead of speaking to them, write to Equita telling them how much I can afford to pay and that is my final offer and just keep sending them the cheques each month.

 

Any advice would be greatly appreciated.

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mh1234, in a sim.position have tried ringing bailiff, also when i spoke to one before he was very reasonable, keep trying. They cannot force entry you can only let them in but they are allowed to get in via any open window! More advice from sheet available at your local CAB.

 

Hope this helps in some way

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Guest MizzPiggy

MH1234,

 

Send a cheque with a letter. The sooner you do it the sooner they will see you are willing to pay. They will always accept your money. If you write and make a payment they have to accept the payment and if you pay it off at whatever you have offered, it won't stop Bailiff action but it will show good intent.

 

Phone the council and tell them your issues about payment. While they will not take back the case, write to them and enclose a copy of the letter to equita and indicate how you paid. Keep in touch with the Bailiff and let him know you have made a payment.

 

While I appreciate Equita state it is with the Bailiff, it would only be due to lack of response to their letters. All any company seeks that is collecting is commitment to payment.

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Hi MH1234

 

You are right to be concerned - Equita operate [edited].

 

When you contact Equita, they MUST let you have all the details you ask for. They are bound by the ACEA guidelines which state very clearly that they must provide this information on request. It is nonsense for them to say that the matter is now with the bailiff, as the bailiff is acting for them and as such is merely an instrument not an authority in his own right.

 

Equita do this because it allows them to slap on [edited] charges.

 

I would do as has been suggested: make a payment proposal to the Equita office, copy to the council, and follow that payment plan even if you hear nothing from either party. Send a cheque for some of the money to Equita if you can, and ask for a receipt. Send all correspondence recorded. Also tell them that you will make a complaint against the bailiff should he call while you are waiting for information from the Equita office.

 

Bailiffs may not enter your home, unless they see an open door or window. They cannot force their way in. They may be able to take your car, but might have to clamp it first before removing it. Ask to see a copy of the council's contract with Equita under the Freedom of Information Act, as this will specify what Equita may or may not do. The council MUST give you this.

 

If the bailiff does visit, insist on seeing (a) his certificate which states that he is a proper certificated bailiff (not an ID card) and (b) the warrant with a court stamp that states that he can take goods. It is unlikely that an Equita bailiff will have both [edited].

 

Hope that helps. Good luck!

 

LA

:wink:

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Sent my offer and cheque off yesterday and today I received a formal notice from them. They state in this letter that they have "identified sufficient goods to remove. Whilst the goods may not cover the whole amount they will discharge a proportion of your outstanding council tax" Now I'm confused, they have never been invited in to my property or could have seen anything they could lay there hands on. So how can they say this? Neither myself or my wife have seen the bailiff or heard him knock yet.:?

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I would ring them and get some clarification, they have to tell you at what stage your case is at. If you can send them a letter agreeing to a schedule of payment then that woould be teh best thing to do. I find if you keep in touch you stand a chance of putting off the bailiffs.

 

Hope this helps

 

BJ

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Hi MH1234

 

You are right to be concerned - Equita operate [edited].

 

When you contact Equita, they MUST let you have all the details you ask for. They are bound by the ACEA guidelines which state very clearly that they must provide this information on request. It is nonsense for them to say that the matter is now with the bailiff, as the bailiff is acting for them and as such is merely an instrument not an authority in his own right.

 

Equita do this because it allows them to slap on [edited] charges.

 

I would do as has been suggested: make a payment proposal to the Equita office, copy to the council, and follow that payment plan even if you hear nothing from either party. Send a cheque for some of the money to Equita if you can, and ask for a receipt. Send all correspondence recorded. Also tell them that you will make a complaint against the bailiff should he call while you are waiting for information from the Equita office.

 

Bailiffs may not enter your home, unless they see an open door or window. They cannot force their way in. They may be able to take your car, but might have to clamp it first before removing it. Ask to see a copy of the council's contract with Equita under the Freedom of Information Act, as this will specify what Equita may or may not do. The council MUST give you this.

 

If the bailiff does visit, insist on seeing (a) his certificate which states that he is a proper certificated bailiff (not an ID card) and (b) the warrant with a court stamp that states that he can take goods. It is unlikely that an Equita bailiff will have both [edited].

 

Hope that helps. Good luck!

 

LA

:wink:

 

His honour lord alcohol is making sense. The only thing is i have todate not heard of anybody actually getting anywhere with their complaints to esa correct me if i am wrong !!!!

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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I just had a look at the very first letter they sent me a couple of weeks ago. It starts off by saying "Despite numerous communications and bailiff visits you have still failed to pay etc." Now remember, this is the first letter I received. Are they going to stitch me up with imaginery charges? What should I do? Talking to them is a waiste of time and I just end up loosing it on the phone with them. I will only correspond with them in writing.:x

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If you have a scanner to hand scan the letter and remove your details and then post it on Free Image and Video Hosting - Photo Image Hosting Site : Photobucket.com and then post a copy of the link on this thread and then let everybody have a read. You will be surprised at how quickly this will all turn in your favour. Do not forget there are mebers of all the industries. Finance,la,magistrates,bailiffs etc and also how would you feel if you were about to sign one of these companies up and discovered that ther are threads like these ones going add to that the scans etc? You would probably change your mind would you not ?

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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Once this is out in the public eye see what they can do ? Not alot. Also take a picture of the actual bailiff when he arrives and post that up as well.

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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Hi mh1234

 

Don't bother complaining. It is a waste of time. Equita and others fund the ACEA, which is the body that would invesigate the bailiff. Even if they did find in your favour, there is no onus on Equita to do anything.

 

First step: you need to get Equita off your back and you need to understand what their charges are.

 

To get Equita off your back I would do this;

 

1. Write to them again. Ask them for details of each visit they allege they have made, along with a detailed breakdown of charges. They MUST give you this. BTW, did you receive a receipt for the first cheque you sent? Remind them of their legal responsibilities. Also ask them how they have valued your goods without your knowledge. Send everything recorded and keep copies. Do not be surprised if they ignore your letter(s). Do not bother telephoning. Apart from being a waste of time, you will have no record of any conversation.

 

2. Write to the council straightaway. Tell them that you suspect Equita of acting illegally by claiming for expenses they have not incurred (visits). This is theft by deception. You could consider reporting this to your local police station as it is a criminal offence, but I'm not sure the police will do anything. You could try. Tell the council you have a payment plan proposed, have already paid some of the money, and request that the matter is returned to the council. Say that you are thinking of going to the police if they are unwilling to help. If they say that the matter is now with Equita, tell them they have a legal duty to ensure that Equita act responsibly and according to the guidelines which the council will almost certainly require them to adhere to. As such, they should consider looking very seriously at this and hopefully they will take the case back from Equita.

 

3. In the meantime, do not allow any bailiff in. If they cannot gain entry, they are not allowed to persist (this is harassment) and must refer back to the council. They are not allowed to call on Sundays, or after (I think) 8pm (you may need to check that). There are other rules if children are around.

 

4. If a bailiff does call, tell him that you are not willing to entertain any notion of payment until you have a detailed list of charges including those of alleged visits (including dates/times). Close the door immediately having done this. If the bailiff hangs around, tell him you will call the police. Also, if the bailiff does visit, check his certificate and warrant (2 separate documents) and make sure you get a written note of his costs for that visit.

 

5. Continue with your payment plan at all costs. It shows that you are acting reasonably and are intent on clearing your lawful debt.

 

Do you know what Equita are claiming above the amount you owe the council? One option is to pay them off, then reclaim the excess via the SCC.

 

Really sorry mh1234, it's horrid dealing with them. But know your rights and try and pay the council tax asap! The more fuss you make the better, and if you have the nerve I would recommend getting the police involved.

 

Good luck!

 

LA

;-)

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When you phone the police do not tell them it is a bailiff !!!!

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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When you phone the police do not tell them it is a bailiff !!!!
Thanks for the advice guys, I really appreciate it. Why should I not tell the police it's a bailiff?
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If the police know its a bailiff they will not give it priority. !!!!

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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Guest Zebra222

I am about to lodge a complaint against Equita and London Borough of Redbridge. Despite paying my council tax I have been chased by Equita with threatening letters which include "despite numerous visits". I know for sure that they have never visited my property. They are liars and bullys. The last letter I got from them told me they would advise their client to commence proceedings for my immediate committal to prison!! I am a single mum on income support and I paid my council tax in full weeks before they were instructed! If you can be bothered to read my draft letter of complaint here it is:

 

To whom it may concern

MISS xx xx LIABILITY ORDERS FOR UNPAID COUNCIL TAX:

 

Council Tax Reference: xx Summons No. xx Total Due £438.09

Council Tax Reference: xx Summons No. xx Total Due £464.79

 

I received 2 separate 14 Day Notices from LONDON BOROUGH OF REDBRIDGE in respect to outstanding Council Tax, details of which are referred to above.

I telephoned LONDON BOROUGH OF REDBRIDGE on or just before 19 December in order to make payment. I was informed that the case had been passed to the Bailiffs and I should telephone them. I called the Bailiffs on the same day and was told that there was no record of my case on their system. I telephoned LONDON BOROUGH OF REDBRIDGE on 21 December (several times I might add and spending a considerable amount of time trying to get through) and told them that the Bailiffs had no record of my case, but was advised that I should try telephoning them again.

I was anxious to make payment of the outstanding council tax before any charges accrued from the Bailiffs.

I called the Bailiffs offices again on 22 December and again the person I spoke with searched their system and found no records relating to my name or address. I told them that I wanted to make payment of my council tax and was advised to go back to LONDON BOROUGH OF REDBRIDGE as there was nothing on their files. I told the Bailiffs department that I was concerned that I might incur charges from them so I was keen to make payment immediately and was assured that no charges would be incurred at this stage as the matter had not even reached them. I asked them to make note that I was about to pay the debt in full should they receive instructions from LONDON BOROUGH OF REDBRIDGE. I spoke to their representative on two separate occasions that day.

I then tried to call LONDON BOROUGH OF REDBRIDGE several times unsuccessfully.

The following day, 23 December, I telephoned LONDON BOROUGH OF REDBRIDGE automated payment line and made payment of both outstanding amounts. I was given the receipt nos. 099192493 and 099192502.

I then received 2 letters dated 11 January 2007 from Equita Certificated Bailiffs informing me that they had been passed a Liability Order from LONDON BOROUGH OF REDBRIDGE and required payment by return of post, failure of which would result in their bailiff calling without further notice and seizing my goods and chattels and informing me that considerable additional costs would become payable by me. I telephoned the Bailiffs offices on Monday 15 January 2007 to inform them that I had made full payment to LONDON BOROUGH OF REDBRIDGE of the outstanding debt back in December.

A further two Removal Notice letters arrived dated 18 January informing me that "as Clifford Grant has been unable to make contact with you at home" it had been rearranged for him to be in my area in the course of the next two weeks. The letter then requested that I telephone to arrange a time and if I did not do so a bailiff would call on me without further notice.

 

May I just state at this point, even though the letters were irrelevant to me as I had made payment almost a month previously, I am at home all day every day and I can assure you that Clifford Grant certainly did not try to make contact with me. At no point did I receive a telephone call, a knock at the door, or a note through my letter box advising of his "attempts" to make contact with me

I again called the Bailiffs offices on Monday 22 January and once again explained that I had paid the debt in full.

The next two letters arrived dated 30 January 2007. By this stage I was getting very angry with the bully-style contents and alarmed by the claims of "numerous communications and bailiff visits". I would invite Equita to provide proof of these "bailiff visits" and to issue a sworn statement by the "visiting bailiff" of the times and dates of each of his "numerous visits" to my home. I am quite confident that no such statements or proof would be forthcoming and I question the London Borough of Redbridge's association with a company that clearly is less than truthful.

I also received a Removal Notice dated 30 January 2007 informing me that Robert Langley would be calling at my home the coming weekend with a removal contractor when he would be removing my goods to the local auction house. Surprisingly there was no sign of Robert Langley and his removal contractor that weekend.

A Removal Order dated 12 February 2007 then arrived. Again I was informed that Robert Langely had arranged for his bailiffs to attend at my home to remove my possessions. The letter went on in the usual bullyish threatening vein, this time stating "Should the amount raised from the sale of all your goods be insufficient to cover the sum outstanding, including bailiff and auctioneer's costs, we shall then recommend to our client that proceedings are commenced for your immediate committal to prison without further notice". !!! Perhaps my understanding of the law is wrong and the LONDON BOROUGH OF REDBRIDGE would happily throw a single mother, who had paid her council tax in full 2 months previously, into prison without further notice on the advise of their trusty & reliable bailiffs.

Naturally I was very distressed by this letter, and incredibly frustrated that this matter was still not resolved considering my numerous attempts and the very fact that I should not have to be dealing with these letters as they were quite clearly sent out unnecessarily to my detriment because of mis-communications between Equita and LONDON BOROUGH OF REDBRIDGE. I had explained to both Equita the LONDON BOROUGH OF REDBRIDGE on many occasions that I had paid the debt in full but still I received letter after letter threatening action from Equita which left me frankly incredibly upset and worried.

I made a phone call to Equita after receiving the last letter and spoke one of their representatives. I tried to explain to him that I was not liable for the debt as I had paid in full and that I was fed up receiving letters from Equita threatening bailiff visits. He told me that bailiffs would be arriving at my door and that I was liable. Frustrated, I again explained that I had paid the council tax, to which he informed me that the charges now applied were of bailiffs charges and not the council tax. I went on to question the charges and state that I should not have incurred any bailiff charges to which he cut me off arrogantly and rudely stating that the charges were in owed and I should expect a visit. He was incredibly rude and his attitude was totally arrogant towards me. He would not listen to my explanations that I had made payment in December and no charges should have accrued. I put the phone down and redialed the call centre, unfortunately he answered the phone again. I said I wanted to speak to someone about illegal charges that were being enforced and he flatly and rudely stated that the charges were not illegal. The way he spoke to me upset me so much I was in tears. I asked to be transferred to someone else on his team and he said i would have to redial to do that. I asked him his name and he sighed, as if I was boring him, and told me his name was Nathan. I asked his surname and he said "I don't give out my surname". I ended the call.

By this stage I was in floods of tears from frustration and from the way that Nathan had spoken to me on the telephone, talking to me like I was a piece of dirt and refusing to listen to what I was trying to explain. I redialed and a female answered. I explained the situation to her and she was very helpful and explained to me that although Equita were aware that I had paid the council tax that the charges they were now chasing for was their charges incurred in dealing with the matter. I told her that there should have been no charges incurred as I had paid the debt before they were even instructed. I asked her what date they received instructions from LONDON BOROUGH OF REDBRIDGE and she told me it was 3rd January 2007. When I told her I had paid on 23 December 2006 and had my bank statement proving this in front of me she seemed surprised and somewhat confused. She then asked me to send a copy of my bank statement to them to prove the date of payment.

I then said that I wanted to make a complaint about her colleague, to which she seemed somewhat aware, and she said that she would make a note on the file about him. I was not happy with this and asked to speak to her manager, whom she said was not available. I asked for her managers name which she informed me was Isabelle Round. I said that I wanted her manager informed of how rude Nathan had been to me and she said she would tell her.

I would like to mention at this point, that I am a single mother, on income support, with huge financial pressures and struggling to cope alone bringing up my 5 year old son. I am under the doctor for depression, also suffering from anxiety and panic attacks. I have no family to fall back on, having been bereaved of my mother by cancer when I was 20 years, my father a year ago from liver disease, and my sister from Cystic Fibrosis 2 years ago. My personal circumstances may be of no consequence to the complaint I make herewith, but I feel it necessarily to explain what I have to deal with in order to convey just how distressing, worried and anxious this situation had made me.

I am so upset that I have had to deal with all of this and strongly feel that someone should be held accountable. The way I was treated by Equita so rudely on the telephone and the bullying, threatening correspondence from them has been frankly disgusting and put immense pressure and worry on me. This unnecessary stress, anxiety and upset which I have had to incur is solely down to the incompetence and lack of communication of Equita and LONDON BOROUGH OF REDBRIDGE.

I want an explanation from LONDON BOROUGH OF REDBRIDGE as to why I have had to suffer such distress and strongly request that they review their relationship with Equita. In my opinion, and based on the facts above, Equita are a firm of lying bullies and LONDON BOROUGH OF REDBRIDGE should question their association with such a firm with a view to ending it immediately.

I shall be copying this letter of complaint to as many bodies as may be interested or have some affect of control on either Equita or LONDON BOROUGH OF REDBRIDGE.

 

I look forward to receiving a full and explanatory reply, including a formal apology and details of what compensatory efforts will be made, as well as what actions are to be made by LONDON BOROUGH OF REDBRIDGE to Equita.

Yours sincerely

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I would say this was unbelievable, did I not know how Equita and their paymasters operate. This is shocking, but sadly very common.

 

You should send your letter to the Council, but first you must know that bailiffs may not enter your house by breaking down doors or using any other forcible means. They must also leave letters detailing costs after every visit, and must show a warrant and certification if they do call. I would also advise to NEVER telephone Equita - apart from having no record of any conversation, you will be met by a bizarre combination of incompetance and deliberate misinformation.

 

However, you can see that Equita have no interest in following their own industry guidelines, nor in adhering to any procedures set out in any contract between them and Redbridge (which probably require them to follow their own guidelines!). Even though they are frequently taken to Court they simply continue to violently abuse their position as freelance debt-collectors sanctified by our own democratically-elected representatives. It is truly appalling.

 

Forget about charges for bailiff visits - they do not make more than a fraction of the visits they charge for and any intelligent person can see that they are obtaining expenses through fraudulent practice, otherwise known as 'theft by deception'.

 

My advice would be to send your letter. You could make a complaint against the bailiff and/or a complaint against Equita by following the ACEA complaints procedure, and you can get details about this on their website;

 

Association of Civil Enforcement Agencies

 

However, I would not bother. The ACEA are funded by the likes of Equita, and a complaint against a bailiff will achieve very little.

 

What you need is to get an apology from Redbridge and Equita off your back. If there is no debt, then Redbridge are failing in their own duty to maintain their citizen's rights and you could remind them of that. How about a letter to your local paper, highlighting how Redbridge resort to easy-money thuggery in order to relieve single mums of their cash? You might have some success in writing to your MP - as Redbridge is Tory-controlled and your MP is of the other persuasion you might get some joy writing to him.

 

I would also write to Equita to tell them that they are harassing you and that there is no debt. As such you will not entertain any notion of giving them money, nor will you give any consideration to their trumped-up charges for alleged visits.

 

I think it is time that councils took responsibility for the actions of their agents, but it is very unlikely that this will happen without a shakeup of bailiff law. In the meantime all you can do is highlight your experience to anyone who will listen, and maybe writing to the press might be useful.

 

Best wishes

LA

:wink:

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Guest Herbie

Message for Zebra

 

Very good letter indeed, however please do not take this the wrong way.....it is far too long. Just keep to the facts only. Good Luck.

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If you have access to a fax, send the letters that way as well as by post, & keep your fax receipt. I have two fax numbers for them - 08706 010099 and 01604 633489. I was given the second one by one of their staff last year, & made sure all faxes went to both fax numbers from that point on.

 

Although you can pay Equita online via their website, they don't/won't issue receipts for payments made, so I paid the council direct using their online service & their automated payment line. My council's site gives me a payment receipt online (which I can keep in Word/pdf format) or by phone immediately after payment. I then sent a fax to the council (Complaints dept, not just the Council Tax section) clearly indicating that I was also sending a copy to Equita, confirming the amount I had paid & quoting the payment receipt reference. I then sent the same fax to Equita. That showed all parties that I was trying to honour the agreement, & had paid the money due. Equita getting the same fax meant they couldn't then say they weren't aware payment had been made, because they knew the council had received the same fax confirming that it had.

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Guest Zebra222

Thank you for your support & answers to my post. I am livid with the way the Bailiffs have treated me, but realise that the fault lies with the Council. Saying that, for me the most shocking factor in all of it is how Equita is allowed to get away with its practice. I feel so strongly that the Bailiffs must be stopped and the law changed to prevent them getting away with blatent lies and their unethical ways. There is no other commercial practice, company or service I am aware of that could get away with the way they behave without being struck off, sued or getting into serious trouble. They seem to have no legal guidelines that they must stick to, or if they do, the law needs to tighten up massively to make them comply.

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Guest Herbie

Zebra

 

I must apologise for not reading your letter in full until this morning.

 

This is yet another prime example of just why this Government must be stopped from allowing the new Tribunals Courts & Enforcement Bill to become law.

 

Once again, the local authority have merely dumped this debt onto the bailiffs without taking the simple measure of checking your circumstances. Let me tell you right now that this particular case is a prime example of a "vulnerable" situation. Each Local Authority has guidelines on the manner on which cases such as your are dealt with.

 

Firstly:

 

You are a single mother

 

There are health problem with you

 

You are in receipt of Benefits.

 

My advice would be immediately contact the local authority and to request that deduction are made for your Council Tax arrears to be taken straight from Income Support. There is clear legislation concerning this. The amount of Deduction is set by law at the rate of £2.90 per week. Into the legislation is the provision that whilst deduction are being made.........all baillif action is strictly prohibited.

 

I would not delay on this, and would ring the local authority immediately. They have a duty to then recall the case back from the bailiff.

 

This particular complaint should be sent to the Local Government Ombudsman. They will look into this for you. More importantly, too many local authorities are being seen to support bailiffs in both their manner of charges and support for "phantom visit" also.

 

By taking a complaint, in particular once such as yours to the Ombudsman, they will not only have to investigate....but more importantly, each year they report back to the Chief Executive of the Local Authority with details of the complaints received by them and the findings.

 

This letter is released on each Councils Website so that it is available to the public, Every Local Authority will receive a report and this is also taken into consideration by the Audit Commission as well.

 

 

If you have problems with the application for Deductions from your Income Support, please PM

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This sort of thing is exactly what winds me up .if it did not happen then i would no longer be needed.

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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