Equita Certified Bailiffs - Council Tax arrears

[bricky]

Hi all

 

I had a call today about Equita and the way they are going about business. I normally deal with secured finance and mortgages so I am in need of some advise, please if anyone could be of assistance, I'd be very greatful.

 

A lady that I'm doing some work for could not afford to make the payment end of last month with this company on her agreement to pay back counsil tax arrears so she called there office and left them a message to this effect and a promise to make this up as soon as she could.

She went to there office end of last week to make a payment in person, plus this months installment to bring the account up to date again but with no luck at all. The person on the front desk refused to accept payment, both the late and this months payment and said that her case has now been passed to a baillif and he'll be in contact in due course.

She received a call today, and the baillif told her that he will be coming around to collect the entire outstanding amount otherwise he will be taking goods out of the property! He also told her about how he has just taken over a £1000 worth of goods from a lady who lives on her own with her 4 kids so my client better have the money when he comes around, or else... He claims to have a Liability Order and as far as he's concerned, that's all he needs.

 

I have spent some time this evening reading up about debt collectors on this forum and I think the conduct of Equita is questionable..

1) This lady is a single mother and therefor am I right in thinking that she is classed as a vulneralbe person and as such the cousil/collection company has an additional duty of care when dealing with her case?

2) Can the baillif tell this lady about another case and put pressure on her this way? Psychological harassment?

3) Do they not have to issue a letter giving 7 days of there intention to collect and an explanation of procedure or exlanation of why?

4) If this lady offered to make payment to bring the account up to date, surely Equita has to accept this? Or is this refusal a ploy by them to have more charges and fees put onto the account?

5) The bailif claims to have a "liability order" so he can just come at any time, is this correct?

6)Can they pressurise her into making a full payment seeing as she is already having difficulty in keeping up with the agreement?

 

Many thanks in advance!

 

B

[diskmandave]

Hi bricky. You'll probably get a better response to this in the Bailiff forum.

[bricky]

Thanks D,

 

I'll post it again.