Equita and council tax

bunglebus
bunglebus Posts: 19 Forumite
Combo Breaker First Post First Anniversary
edited 23 February 2017 at 7:54PM in Debt-free wannabe
Hi,
I am aware there are multiple threads regarding Equita and their conduct, but I thought I would start my own thread for clarity and to seek advice.

My wife had two outstanding Council Tax bills, due to her flatmate at the time not paying. As they were both liable but the old flatmate has disappeared, she has been given the full bill.

Last year letters started arriving from Equita regarding this and also one of their Bailiffs started putting enforcement notices in our letterbox. I paid one of the two accounts off on the proviso that they were to take £50 a month from my wife to pay off the other account. The bailiff then became extremely difficult to contact and therefore didn't take any more money. Because we had "failed to pay" the Enforcement Notices started to appear again. We have attempted on several occasions to contact Equita via their website without response.

This is a copy of a letter sent to them today which will save me a lot of writing;

Following my telephone call to your Northampton office on 22/02/17, I need to express my frustration and disgust at the handling of this account.
I am dealing with this matter on behalf of my wife, N***** S**** (Nee N*****), who is now disabled following several surgeries over the last few years, and now has to take multiple types of medication to regulate her pain.
On Friday the 17th of February we discovered an Enforcement Notice when we returned home in the evening. As we have had a long and problematic experience with your company I decided it would be best dealt with in person, so on Monday morning (20th of Feb) I drove to your office at 42-44 Henry Street in Northampton, where I was denied entry and so had to discuss this sensitive matter on a public street. The man I initially spoke to (he did not give his name), and subsequently Chris Sleafer who was previously dealing with this account, dismissed my concerns offhand without any checks into my concerns, and essentially said both my wife and I were lying regarding the difficulty we have both had in getting anyone to return our phone calls or respond to messages sent via your website.
Having returned home I felt I had no choice but to pay the £549.79 which was stated as the total balance due on the Enforcement Notice, which I did via your automated system.
On Tuesday (21st of Feb) I was at my father's house to celebrate his birthday and received a call from M. Scott who stated there was a further £185 compliance fee to pay because the £549.76 had not been paid within 48 hours. Obviously I was less than impressed with this latest demand, but as I did not have the paperwork to hand, I felt once again obliged to pay. On my return home I checked the Enforcement Notice, which does NOT state anywhere that there is a 48 hour limit on payments. Having found the notice Friday PM, attended your office Monday AM and made payment in full on my return home, I feel this is completely unacceptable conduct on your behalf. During my phone call to your office this morning I questioned the total due and any fees, your representative stated the total amount does not include enforcement fees - how can the total not be inclusive? This is misleading at best, and following that logic does not add up to the figures on the Enforcement Notice anyway.
In an attempt to get an explanation of charges levied against us, I called M. Scott on the 22nd and 23rd of February and left voicemail messages on both occasions. It does not come as a surprise to me that at the time of writing he has not returned my calls. I also emailed info@equita.co.uk on the 22nd of February. Once again, no response from you.
Due to Mr. Sleafer especially not returning our calls in the past, we were unable to continue making payments of £50 PCM as previously agreed (I have detailed some of the calls and texts made below, unfortunately as my wife changed from pay as you go to a monthly contract during this period we do not currently have every call listed, however I understand this information can be obtained from our phone company).
There was also a problem with the £50 PCM payment, as you took payment for this amount from my credit card without authority on 08/10/16 following my payment of £620.31 on 07/10/16 to clear account reference 1********. The £50 was to be collected from my wife, again you did NOT have authority to charge this amount to my credit card.

I will require a full breakdown of charges on both of these accounts, with explanations of charges and fees etc.

I will also require records of your attempts to contact either myself or my wife.

I await your response to this letter, bearing in mind that on multiple occasions, your company has failed to return my calls or answer messages submitted via your website. I would also expect you to bear in mind that due to my wife’s ongoing health problems, we currently have to live off of Income Support, Carer’s Allowance and disability benefits. I understand that as my wife is registered as disabled she may be classed as vulnerable, in which case the accounts should have been returned to Bedford Council rather than bailiffs attending. I have contacted Bedford council and made them aware of our concerns, and they will be receiving a copy of this letter as you are agents acting on their behalf.

I am also seeking legal advice on this matter.




R**** S****



I haven't included all the phone call/text/payment proof obviously.

So, have I done enough?
There are two accounts with sequential numbers, I understand they should only charge one lot of fees if they're dealing with multiple debts?
They have never been in my house, they have noted vehicle registration numbers on letters put through the door, but as blue badge holders they can't take them anyway..?
Every letter or notice we've had has differed in amounts shown, nothing seems to add up.
Can they charge the £185 for not paying within 48 hours?
Should they have been doing anything other than passing the debt back to the council after being informed my wife is now disabled?
I have sent that letter to Bedford Council as ultimately Equita are acting on their behalf.
I will be going to a local advice centre on Monday but thought I'd ask here too as Equita and their behaviour seems to be a hot topic.
There's probably loads I've not asked but all informed advice will be gratefully received.

Thanks
«13

Comments

  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    First Post First Anniversary Combo Breaker
    Hi

    They can initially add one £75 compliance fee per bill when they're first passed the debt. They can then only add one enforcement fee of £235 if multiple bills are being collected by the same bailiff, and that bailiff has actually attended your property. The £185 doesn’t seem to make sense.

    You’re right that they can’t touch a vehicle with a blue badge displayed. The council should call debt back due to the vulnerability issue, and I think you should chase this up with them. I would suggest telephoning the council to move things along more quickly.

    If you want to complain further you could also complain to the bailiff trade association CIVEA -

    www.civea.co.uk

    James
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • z1a
    z1a Posts: 2,522 Forumite
    First Anniversary First Post Combo Breaker
    OP, delete the reference # at the bottom of your letter.
  • Thanks for the replies, I have deleted the reference number. I have looked at the Civea website and it would appear that I have to complain to Equita first (done).
    More worryingly it also says that Equita could destroy all records relating to these accounts as they are now paid in full.
  • sourcrates
    sourcrates Posts: 28,870 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    Money talks where these people are concerned, that's all they care about.

    So get on to the council, explain your situation, get them to recall the accounts from equita.

    Complain to the bailiffs trade association as well, as advised above, make life difficult for them.

    Unfortunately not all bayliffs are as amiable as the guys portrayed on the TV.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • I've called the bailiff four times and left voicemail, he's just text me saying as the account's closed and because of the way he was spoken to before (bless his sensitive soul) I have to write to them - sent signed for 1st class this morning . I never swore or threatened him, but I did give him a hard time about the fees and the behaviour of his company. I also told him that I though he and everyone who does his job is scum. Nothing personal but their conduct is disgraceful and I expressed my opinion about it.
    I also took a copy of the letter into the council offices and got a receipt for it.
    Anything else I should be doing?
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    First Post First Anniversary Combo Breaker
    I think it’s a case of waiting for responses to your complaints now. Keep us updated.

    James
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • Herbie21
    Herbie21 Posts: 562 Forumite
    edited 9 April 2017 at 11:21AM
    bunglebus wrote: »
    Hi,

    I await your response to this letter, bearing in mind that on multiple occasions, your company has failed to return my calls or answer messages submitted via your website.

    I would also expect you to bear in mind that due to my wife’s ongoing health problems, we currently have to live off of Income Support, Carer’s Allowance and disability benefits. I understand that as my wife is registered as disabled she may be classed as vulnerable, in which case the accounts should have been returned to Bedford Council rather than bailiffs attending.

    There are two accounts with sequential numbers, I understand they should only charge one lot of fees if they're dealing with multiple debts?

    Can they charge the £185 for not paying within 48 hours?
    Should they have been doing anything other than passing the debt back to the council after being informed my wife is now disabled?
    I have sent that letter to Bedford Council as ultimately Equita are acting on their behalf.

    I will be going to a local advice centre on Monday but thought I'd ask here too as Equita and their behaviour seems to be a hot topic.
    There's probably loads I've not asked but all informed advice will be gratefully received.

    Thanks

    I would suggest that don't rely upon telephone conversations with the bailiff or company and instead, you need to obtain confirmation in writing of the fees that have been charged.

    A couple of points that are important to take into consideration:

    There is a slight misconception about 'multiple' fees. A compliance fee of £75 is applied to EACH account. However, if for example a Liability Order were passed to Equita in September, and another Liability Order passed to them in December, it would be permissible to charge two separate enforcement fees (one for a visit around September and another for the December visit.

    Secondly, it is not correct that cases of vulnerability should be returned to the council. Instead, most enforcement companies would pass 'vulnerable' accounts to their in-house Welfare Departments.
  • bunglebus
    bunglebus Posts: 19 Forumite
    Combo Breaker First Post First Anniversary
    edited 14 March 2017 at 11:11AM
    I have had a letter from Equita, I won't quote it verbatim but they have said they will be refunding £235 charged when the second bailiff got involved "in order to bring this matter to a [sic] amicable close".

    They have not given me a breakdown of the charges made so I am writing back again requesting them, I haven't agreed to or declined the £235. I suspect they know they should have only charged it once but I'm still after answers about the £185 "Compliance Fee" and the £50 they took from my credit card without my permission.

    Still, £235 is better than a punch on the nose.
  • bunglebus
    bunglebus Posts: 19 Forumite
    Combo Breaker First Post First Anniversary
    I wrote back to Equita, again requesting a breakdown of payments and charges on the accounts - they signed for it on the 7th of March but are yet to respond - a call to their customer team saw me politely fobbed off with "someone will contact you next week". I think three weeks is long enough to find the information I want so I'll be pestering them regularly.
  • sourcrates
    sourcrates Posts: 28,870 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    bunglebus wrote: »
    I wrote back to Equita, again requesting a breakdown of payments and charges on the accounts - they signed for it on the 7th of March but are yet to respond - a call to their customer team saw me politely fobbed off with "someone will contact you next week". I think three weeks is long enough to find the information I want so I'll be pestering them regularly.

    Sone of these companies are still a law unto themselves.

    Stricter regulation to bring them into line has (mostly) failed to do so.

    I believe further changes are in the pipeline.

    The key is to be the biggest thorn in there side you can be, that will most likely yeild the best result for you.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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