Equita

[mh1234]

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.

[beetlejuice]

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

[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.

[Lord_Alcohol]

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

[beetlejuice]

Good Advice Lord Achohol.

 

BJ

[mh1234]

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.:?

[beetlejuice]

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

[Bailiffchaser]

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

 

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 !!!!

[mh1234]

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.

[mh1234]

bump???

[Bailiffchaser]

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 ?

[mh1234]

Cheers bailiffchaser! I don't have a scanner but I can lay my hands on one. So I will have a go at this. Thankyou!

[Bailiffchaser]

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.

[Lord_Alcohol]

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

;-)

[Bailiffchaser]

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

[mh1234]

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?

[Bailiffchaser]

If the police know its a bailiff they will not give it priority. !!!!

[demon_x_slash]

As soon as the police hear 'bailiff' they retort "Civil Matter" and refuse to deal with it.

[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

[Lord_Alcohol]

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

[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.

[mrswonder]

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.

[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.

[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

[Bailiffchaser]

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