EQUITA Bailiffs

[kfdh1962]

Department for Constitutional Affairs -

 

see if this is any help to you

[BerryN]

Fab!! Glad to see people actually defeating these idiots!

[tomtubby]

Always send a Subject Access Request to the bailiff company first. That way you can see exactly what the fees they are charging you are for. Then you can check their reply to see if the fees are accordingly to Statutory Legislation.

[BerryN]

Sending SAR tomorrow - recorded. Do I sign it?

[BerryN]

anybody???????????????????????????????

[kfdh1962]

not sure.... i have always signed them although mine have never been to a DCA/bailf

[tomtubby]

A Subject Access Request is a request for complete breakdown of the fees and charges on your own account as prescibed by the Data Protection Act 1998.

 

This is access to information concerning you, and of course you should be signing the letter.

[tendom]

I think Berry N is concerned about providing a copy of her signature.

[Renta Mouth]

BerryN

It looks like the more you pay the more the bailiffs will charge you, and what I can see there is little prospect of you finally paying this debt off at all.

If all these parking tickets are all civil debts and not magistrates court fines then you can just tip them all into a bankruptcy. They’ll be written off and you may not need to pay anything at all.

http://www.insolvency.gov.uk/ You can stop the payments and get a date listed for your hearing, collate all parking tickets and the Official Receiver will contact the bailiffs for you. You will need about £425 for this, and if your not working you may be exempt from court fees.

This process can take about 12 weeks so you might need a standard Protection from Harassment Act letter to send to each bailiff to kep them off your back until you meet with the official Receiver. Speak to the Insolvency Service on how to deal wth bailiffs pending a bankruptcy hearing.

Sending SAR everywhere might be good advice but it will cost you £10 a go & it wont reduce the debt. Why pay the bailiffs when you can just get everything written off?

You need to get the papers from the county court ASAP, the sooner to start the process the sooner the bailiffs are stopped.

[djweeble]

 

YES IT WILL, if the charges they are applying are excessive or unlawful, and they're probably both.

[Renta Mouth]

I am suggesting she shouldn’t even bother with SARS.

 

There is little prospect of paying off these fees anyway so I would put them all into a bankruptcy to be written off. The councils and Equita will probably get nothing because the car in question has already been sold.

 

This way it doesn’t matter if the bailiffs have been overcharging you, the Official Receiver doesn’t need a S.A.R - (Subject Access Request) to get a breakdown of the bailiffs charges, they have a legal obligation to cooperate.

 

If the receiver then finds the bailiffs have been overcharging or gives different amounts owed than what they told you, then they will have an even bigger problem, the receiver can charge the bailiff with maladministration.

 

 

 

BerryN

 

Collate all documentation relating to every parking ticket and find some evidence that the bailiffs are adding more fees while you are paying the installments. You need to prove you cannot pay your debts.

 

If the bailiffs continue to threaten you then ask your doctor to diagnose depression, then go to the county court with evidence of a bankruptcy listing and the medical diagnosis and ask to go before the Judge, you might get to see one the same day if you can satisfy you have a urgent case. Then ask the JUdge for an Injunction against Equita, its agents and its directors, that’ll stop the bailiffs from making direct or indirect contact with you at least until the bankruptcy case is heard and the Receiver will then take over communication with your creditors.

 

If you think the bailiffs are likely to ignore that injunction then ask for a Power of Arrest to be attached. You can then dial 999 and the bailiff will be arrested for contempt of court and you can file a complaint of misfeasance before the bailiffs certificating Judge.

 

You may have to pay fees for the injunction and POA (unless you are receiving a prescribed benefit) so you should ask for an order of Costs to be served on Equiita.

 

For now you must get in touch with the Involvency Service.

[dizzy bat]

I am being persued by an equite balliff for unpaid council tax. I had a letter this morning stating that they were in my area this week and would be coming to remove my gooods this week. So I phoned the call centre and finally got through ( after trying for nearly an hour ) only to be told that the baillifs are now dealing with my case and I was given his number, so I tried to contact him , got forwarded to voice mail box which is full and cannot recieve any more messages!!!!!. I really dont know what to do next. I am willing to pay the debt off but if I cant talk to the baillif then they will come round and take my things and I am really scared. Does anyone have any advice please I am at my witts end with worry.

[tomtubby]

DIZZY BAT

 

 

So that we do not get confused, could you cut an paste your question into a new thread .

[dizzy bat]

I am sorry I thought this was the correct place to post about Equita bailliffs. As I said I am sick with worry, accept my apologies.

[BerryN]

I am trying to avoid bankrupcy as I am training to be an Accountant and can't do this if I am bankrupt as the regulatory bodies won't allow it..... any other suggestions???

[dizzy bat]

I am trying to avoid bankrupcy as I am training to be an Accountant and can't do this if I am bankrupt as the regulatory bodies won't allow it..... any other suggestions???

 

 

Have you thought about entering into an IVA?. I wouldnt swear to it , but I think they dont affect anything like a professional qualification. Off topic I know ( sorry ) but if you do want to enter into an IVA can I suggest you give CCCS a ring they are brilliant.

[BerryN]

Thanks dizzy bat. I will think about it...

[BerryN]

Has anybody sent a letter to their council to get copies of all the tickets? If yes, please can I see a copy? I am trying to draft a letter as none of the tickets will be enforceable...... help!!!!

[BerryN]

Sent a letter to the Councils involved and CC'd to EQUITA. They have all arrived and been signed for (recorded delivery). The letter was:

 

Parking Charge Notices Numbers: ..........

 

 

Vehicle Registration: ..........

 

 

From your files you will see that the above PCN’s have been forwarded by Southampton City Council, to Equita Ltd to enforce.

 

The purpose of my writing to you is to request that you provide me with copies of all of the above parking charge notices.

 

The reason for this request, is that I am aware that all local authorities, including Southampton City Council, were advised by the Parking Adjudicator last year that in light of the Landmark ruling in the High Court case of Moses v Barnet, parking charge notices were found to be non-compliant. This was because they contained many discrepancies, not least, that they omitted the date of issue or date of contravention.

 

Having looked further into the matter of my own PCN’s, as all of these were issued over 3 years ago, I have reason to believe that all of them are non compliant and therefore non enforceable.

 

I am currently also making enquiries with the Traffic Enforcement Centre to find out the date when warrants of execution were authorised.

 

Due to the seriousness of the above, could you please contact your agents; Equita Ltd to request that this account be put on hold until such time as a full response has been forthcoming from your department.

 

I would be grateful if you could confirm safe receipt of this letter.

 

If you have any queries, please do not hesitate to contact me.

 

 

Yours Faithfully.

[BerryN]

I also followed TomTubbys advice and phoned the TEC to find out the dates the warrants were issued and they are all expired..... !!!!!!!!!!!!!

 

Am trying to draft a letter to tell them this and to remove all my information from their system etc........ anyone help??????

[BerryN]

bump????

[BerryN]

Drafted this letter: should I send it? HELP!!!!

[swisstoni]

Hi BerryN,

 

I would send the letter as it can't do any harm. As all the PCN's are deemed expired, I can't see why then can pursue you for them. I'm sure tomtubby will be around later (pm him and ask his advice), he seems to be an excellent advisor on these subjects.

Hope you get things sorted

 

SwissT

[BerryN]

sorry - forgot to attach the draft letter - sent the one above!!

letter 120907 re invalid warrants1.doc

[tezviper]

Hiya, Just PM'd you.

 

TezViper