Equita bailiffs coming back today!! Can anyone help!!

Please can someone HELP!!

I apologise in advance for rambling on but I think it’s better to start at the beginning to help you understand my situation fully!

I am in need of some advice as I have equita bailiffs on my case threatening to remove my goods from my home because of an unpaid PCN. The contravention as they call it happened in may of last yr when I let a potential buyer test drive my car, he stopped on a box junction not realising he did not have enough space behind another car and my back wheels were captured on the cameras, at this time I said to him I was concerned I would receive a notice at which time he agreed that he would pay it should I get one regardless of if he buys the car....
He didn’t end up buying it but I did receive a PCN charging £60, at which time I contacted him, gave him the details and he confirmed it was paid.... About 3 months later I received another notice saying it was unpaid and now asking for £180 plus £5 for registering it with the court. At this time I called TFL and told them that it wasn’t me driving the car and that the person that was said they had paid it but they said that it was my responsibility as the registered keeper and that payment was not received. I contacted the test driver and he said he had done it and he didn’t know what had happened, maybe a problem with his debit card but said he would pay it again then later called and told me had paid it and gave me the payment reference number they gave to him, so I thought everything was fine.... Now I realise how stupid I was!!

About another 3 to 4 months later in December 10 I received a letter from equita stating that the dept had been referred to them and that they wanted £198.16 in full (£11.20 being a statutory fee the other £1.96 they don’t account for) and to send it by post, I tried calling the test driver and his number is no longer connected so could not reach him. As I can not afford to pay that amount in full I called the number on the letter to arrange a method that I could pay it off. I explained to the lady that I was currently on benefits and the situation that led for this to be and she accepted payments of £20 per wk and sent me a letter that can be scanned at local pay points to make payments.

I made the first payment but fell behind and missed about three weeks due to financial problems and they sent a letter saying they are coming to remove my goods from my home within 48 hours. The letter was dated Tuesday 25th Jan but I didn’t receive it until Monday 31st Jan, three days after the 48 hrs they had given me on the letter!! Which I have no doubt was intentional!!!!!!!
I tried calling them all day Monday and Tuesday but all I got was an automated message saying their lines were having technical problems and to call back later. On Wednesday I finally got through and after keying in the reference and etc the message informed me that I had been referred to one of their bailiffs and that I should contact them and gave me the number.

I called him straight away at about 4.30pm and I told him I was calling in regards to my dept with equity, he asked me my name and postcode then told me call back tomorrow as he didn’t have his laptop with him to access my details/account, at this time I said ok, but I added "I will be able to make an arrangement to pay it wont I?" he said "yeah, don’t worry darlin just call back tomorrow and we'll sort sumink out". I called again the next day (Thurs) about 4pm, I explained I had called yesterday and wanted to make an arrangement, he asked me my name and postcode again then told me to call back again tomorrow, he said that he only works between 2am & 2pm (like I was supposed to know) so I need to call back then. On Friday I called early and he asked my name and postcode again, and then asked me to confirm if the address he was reading was correct. From the second I said yes his whole attitude and tone of voice changed and he became aggressive saying that I couldn’t have an arrangement as I have already had one and that he had already planned to visit my home tomorrow to remove my goods (which would be today), he said that unless I can pay the full amount today (Friday) he would be coming. I explained that I have been having financial difficulties which is why I missed payments, that I am on benefits can could not afford to pay in full but wanted to arrange payment in instalments, and offered to pay the arrears now but he said, "NO, WE NEED IT IN FULL OTHERWISE WE'LL HAVE TO ATTEND TOMORROW" I went on to try and make some kind compromise but he didn’t reply and I was left feeling an awkward silence, so I said "SO IS THERE NO ARRANGEMENT WE CAN COME TO BECAUSE I DONT HAVE IT" then he said "OK, WE'LL SEE YOU TOMORROW THEN" I was so stunned I didn’t know what to say so although I thought f**k you, ignorant c**t (please excuse my language) I said ok and put down the phone.

I then scraped together every penny I had (what was supposed to be for groceries, gas and electric) and borrowed the bulk of it to gather the money to pay him. I called him a few hrs later and told him I had managed to borrow some money and asked him how he wanted me to pay, he (now being polite) said I could pay by direct debit but I informed him I only have a basic bank account that doesn’t have that facility (and would not trust to give him my bank details in any case) so he said he would collect it from me tomorrow (Saturday 5th Feb.) he added that he had removals to do so he would have to take time out to come to me (but wasn’t he planning to come to my home anyway, thought he was coming to remove my goods too, but I ignored this thought and agreed) and we confirmed 10am.

He called me about 9.50am and said that he would be a bit early if that was ok (still being remarkable nice and polite considering the manner I had received the prior day), I said yes and he said he would be about half an hour and would call me when he was outside and I could come out to meet him (which I preferred as I didn’t want him anywhere near my door, felt uneasy about him) and had the exact amount of £178.16 ready for him.

When he came I went out and he was sitting in his unmarked white van, he rolled down the window and greeted me "MORNING!" I was not impressed as I had not forgotten his aggressiveness toward me but I politely said morning back. I then proceeded to ask him if he had a receipt and he replied "yeah, of course darlin" and began to look around the inside of the van as if looking for something, then looked at me as if he were waiting for the cash, I then said while handing him the cash "HERES £170 AND HERE'S" that’s where he cut me and said "HOW MUCH, WHATS THIS, YOU OWE 500 AND SOMETHING" (to be honest I didn’t hear the something I was too stunned), I said "WHAT??" he replied "YES! I TOLD YOU ON THE PHONE" I said "NO YOU DIDNT" and I pulled the letters I have received out of my pocket to prove the amount, meanwhile he was shoving me back my cash and grabbing the letters out of my hand then he said "SEE! LOOK AT THE DATE ON HERE, THATS WHY" I argued that I had been trying to call him all week and wanted to make an arrangement that I did not have and would not pay that amount as I do not know where those charges came from, I added I have not received anything as such in writing. He said "EVERYTIME I COME OUT IT COSTS AND I TOLD YOU ON THE PHONE, AND YOU KNOW WHAT TODAY WAS GONNA BE FREE BUT NOW IM CHARGIN YOU AND YOU NOW OWE £600 AND SOMTHING" by which time he had raised his voice and had become aggressive! Again, I told him not only did I not have it but all I will give is what I owe so he shouted "IM GONNA BE COMING TO REMOVE YOUR GOODS ON MONDAY THEN!" and for a while we were going back and forth him telling me that he told me about the charges on the phone and unless I pay now he’s coming back on Monday and me saying no you did not (which he didn’t). In the end I walked off and he sped off in his van shouting at me that he’ll be back on Monday.

I could not believe what I was hearing and worst still his actions; I have never felt so violated in my life! I have 2 children and have had to deprive them of the things they need to give him every penny I had and that wasn’t good enough!


Now I don’t know what to do...???? I tried calling equity but they keep referring me back to him.

I do not know his name as he only identified himself as the bailiff from equita, I tried calling him after he left (and after I calmed down) to find out his name and also the exact amount he says I owe so I can ask equita for a breakdown of their costs to compare it and maybe find proof of him extorting me, but his phone was switched off. I also tried calling equita but they will not take my calls and keep referring me to the number the said bailiff

Also, I thought the best thing I could do is take the money and try to pay it at the pay point (which I did) so that at least the dept is cleared which I’m hoping would give them less reason to harass me!!

I am expecting him to come back today, if he will come is another thing but if he does I intend to tell him (through the front door) I have already paid it which is all they will get and that I will be writing to equita to demand a full breakdown of the so called fees!
I also am going to contact northampton court to request a complaints form as I cant let his behaviour slide and feel I need to complain!

WHAT DO YOU THINK????? GOOD IDEA? BAD IDEA?

IS THERE ANYTHING ELSE I CAN DO???

PLEASE HELP IF YOU CAN!!!!

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Comments

  • hallowitch
    hallowitch Posts: 1,286 Forumite
    First Post First Anniversary Combo Breaker
    edited 7 February 2011 at 7:49AM
    OK lets get one thing strait the bailiffs cant enter your property to remove goods as he has never gained peaceful entry

    For a Pcn they can only charge you for 1 letter and 3 visits the fees for visits are 28% +vat

    1st visit fee would be £55,49
    2nd visit fee £71.36
    3rd visit fee £91

    these figures are approx all fees are subject to VAT however I'm not sure if they add the VAT after every visit or at the end

    Its not Northampton court you need to complain to its the council that issued the PCN you MUST make a Formal Complaint address it to Chief Executive (you will find his name on there web site)
    As this is Equita find out if Capita administrate the PNCs Equita are part of the capita group of company's (one of the reasons its important to make your complaint Formal and address it to CEO)

    If you must speak to the bailiff record the call if you cant tell him everything in writing

    do you still own the car
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    First Post First Anniversary Combo Breaker
    http://www.legislation.gov.uk/uksi/1993/2072/contents/made

    http://www.legislation.gov.uk/uksi/2003/1857/regulation/2/made

    Is your bailiff certificated to Equita
    http://www.hmcourts-service.gov.uk/CertificatedBailiffs/
    the list is not always 100%
    Ministry of Justice Public Register of bailiffs on 020 3334 6355
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
  • Hi Hallowitch, thankyou so much, not only for taking the time to read my essay (lol) but also for all your advice and links, they have been very helpful!!

    I do apologise for the delayed reply though, one piece of information led to another then another, have read so much im overloaded with information but at least now I know what im doing and dont feel so worried about it! SO THANK U!!

    THESE CRIMINALS OBVIOUSLY BANK ON PEOPLE NOT KNOWING THE PROCEDURES & THEIR RIGHTS!!!!!

    I did check to see if he was certified to equita and he is.....
    No, thankfully I sold the car just before I recieved the first letter! PHEW!

    Also, as I expected he didnt come yesterday (monday) as he said he would, but I did call him to find out his name (to check if hes certified) and the exact amout he claims I owe which was £525.24 plus £140.00 which he says is for coming to collect the money (which he refused to take) last Saturday!

    Which basically means that (judging from the fees you told me about above) even if I have been charged for a letter and a visit (which really the visit he should not be charging me for as he was coming to collect the money not to levy distress or anything as such) he is still charging me an excess of £360 odd which is more the dept itself which would be £305!
    I recorded the call and have emailed equita to get a breakdown of the fees / charges!
  • kaya
    kaya Posts: 2,465 Forumite
    First Anniversary Combo Breaker
    dont let them in, dont open the door, keep all windows and doors shut, they cannot force entry, they get about 3 attempts to recover the debt from you(they are employed by the court) , if you dont let them in or pay them after the three attempts(it used to be 3, maybe somebody can update it if things have changed) the court view the debt as unsatisfied and take it out of the bailiffs hands, all the bailiff charges are REMOVED from your debt(they dont get paid if they can't do their job) so the debt reverts to the original amount you owe.
  • :cry:I am having the worst nightmare ever I currently pay my council tax but recently I received a letter from Equity Bailiffs saying they will reposess my belongings ??? the thing is it is under my maiden name and I have been married 6 years now I really dont understand where this debt is from I have tried to contact the bailiff but to no avail please please PLEASE help I have 2 young children and I cant let their belongings get taken from them
  • lemaruk
    lemaruk Posts: 3 Newbie
    My partner is being chased for outstanding parking tickets, 2 lots of £359.00. They have visited the house and given us a 24 hour notice and said they are taking the car. I have explained to them I have tried to get a loan but cannot get one in time, also I have asked to pay in installments but they said they cannot do that.

    They have visited us twice already so when they come to get the car that will be the 3rd time. I need the car to get to work and also visit my elderly nan who lives in London I live in Stafford.

    Are they allowed to take the car its in my boyfriends name, i'm willing to clear the amount just cannnot do it all at once ? How many times can they keep coming back ? He is not the friendlist of people either.

    It is making me sick with worry.

    Michelle:(:(
  • rdchick
    rdchick Posts: 1,815 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    Hi Michelle,

    From my understanding they can only take what is yours, so if the car technically doesn't belong to you they shouldn't be able to take it. do you have a garage where you can put it? don't leave it near your house as they'll just put it on the back of a truck and take it that way. xxx
    Life is too short not to love what you do.
  • chanz4
    chanz4 Posts: 10,890 Forumite
    First Anniversary Name Dropper First Post Xmas Saver!
    were the parking tickets for the car? If so yes they can
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • scaredy_cat
    scaredy_cat Posts: 7,758 Forumite
    send a message to Herbie21 or look at her website - http://www.bailiffadviceonline.co.uk/

    it is a premium call but that is the only fund she gets to help pay for the site and services.
    Cats don't have owners - they have staff!! :D:p
    DFW Long Hauler Supporter No 150


  • The tickets are for the car yes, the car is my boyfriends also.
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