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  • FIRST POST
    mpandrich
    equita bailiffs threatening prison!
    • #1
    • 8th Mar 08, 9:03 AM
    equita bailiffs threatening prison! 8th Mar 08 at 9:03 AM
    Firstly, I was made bankrupt on 18th December, 2007.

    I sorted all the paper work out, and spoke to the OR.

    One company, equita bailiffs have been hassling me constantly.

    They have said they will enter my home without my consent, the phone calls are awful.

    My OR has faxed the bankruptcy order thru 15 times, and they will not acknowledge that I am bankrupt.

    I am getting stressed now.

    Today I have received a letter saying that I will go to prison if I do not pay.

    I know it is manipulation but if they do not even listen to the OR what is next?They will not put me thru to a manager on the phone, and just tell me to write complaints in, but that they will get ignored anyway.

    ANyone with any advice?

    TIA, Mpandrich
Page 1
    • peachyprice
    • By peachyprice 8th Mar 08, 9:31 AM
    • 17,033 Posts
    • 38,701 Thanks
    peachyprice
    • #2
    • 8th Mar 08, 9:31 AM
    • #2
    • 8th Mar 08, 9:31 AM
    Hi MP, I found the following advice for you:

    "If you feel you are being harassed, you can take the following action:
    Write to the creditor and tell them that you are familiar with the terms of Section 40 of the Administration of Justice Act*. Demand that they take immediate steps to avoid future harassment by their representatives. If you have received threatening telephone calls, tell them that you will record any future calls and send a transcript to the local Trading Standards Officer. Tell them to contact you by letter only, and that they should confirm their agreement to this in writing.
    If you feel the need to make an official complaint regarding a creditor or debt collector, this should firstly be made to your local Trading Standards Officer. If Trading Standards will not act, contact the Office of Fair Trading. Do it in writing</U></B> and send copies of all letters to your creditors and any debt collection companies and / or solicitors acting on their behalf. Also send copies to your MP, and let your creditors know that you're doing all of the above."

    *S40 Punishment for unlawful harassment of debtors.
    1. A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he-
      • harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
      • falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
      • falsely represents himself to be authorised in some official capacity to claim or enforce payment; or
      • utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.
    2. A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.
    Seems like you need to get letter writing.

    HTH
    • maxmycardagain
    • By maxmycardagain 8th Mar 08, 10:06 AM
    • 4,295 Posts
    • 3,648 Thanks
    maxmycardagain
    • #3
    • 8th Mar 08, 10:06 AM
    • #3
    • 8th Mar 08, 10:06 AM
    inform whoever they are acting for of their behaviour

    and that it is illegal

    theyve bought the debt for 10% and cant face losing
    • wherediditallgo
    • By wherediditallgo 8th Mar 08, 11:19 AM
    • 2,808 Posts
    • 4,319 Thanks
    wherediditallgo
    • #4
    • 8th Mar 08, 11:19 AM
    • #4
    • 8th Mar 08, 11:19 AM
    You can send these letters to stop the calls from the creditors/DCAs or anyone acting on their behalf. There's legislation in place that can heavily penalise a company who gets such a letter & ignores it.
    • Herbie21
    • By Herbie21 9th Mar 08, 12:15 PM
    • 714 Posts
    • 904 Thanks
    Herbie21
    • #5
    • 9th Mar 08, 12:15 PM
    Equita
    • #5
    • 9th Mar 08, 12:15 PM
    Maxmycardagain.

    I am sorry, by this is not correct. The bailiff HAS NOT purchased this debt for 10%. Far from it. They are entitled to pursue the debt as the local authority would have obtained a Liability Order for unpaid Council Tax.

    Turning now to the matter of this question.

    I am unsure from your post whether or not you have included your council tax arrears in with your bankruptcy debts. If you have not then you should. You can include the amount of the arrears which will cover the period up to end of March 2008.

    You trustee/OP should be making Equita very clear of the following:



    Section 49 of The Council Tax (Administration and Enforcment) Regulations 1992 state the following:


    Insolvency
    49.(1) Where a liability order has been made and the debtor against whom it was made is an individual, the amount due shall be deemed to be a debt for the purposes of section 267 of the Insolvency Act 1986[26] (grounds of creditor's petition).

    The full wording can be found here:

    http://www.opsi.gov.uk/SI/si1992/Uksi_19920613_en_7.htm#mdiv49

    If you have any problems, please do let me know and I will provide you with the e-mail address for a very senior member of staff at Equita who I am sure will sort this out for you.

    www.bailiffadviceonline.co.uk
  • Broken hearted
    • #6
    • 9th Mar 08, 12:35 PM
    • #6
    • 9th Mar 08, 12:35 PM
    Change your phone number.
    Barclaycard 3800

    Nothing to do but hibernate till spring






  • jac/norm
    • #7
    • 9th Mar 08, 4:03 PM
    • #7
    • 9th Mar 08, 4:03 PM
    I agree change your phone number its free the first time you have to change it. Jacqui
    • Herbie21
    • By Herbie21 10th Mar 08, 8:15 AM
    • 714 Posts
    • 904 Thanks
    Herbie21
    • #8
    • 10th Mar 08, 8:15 AM
    Equita
    • #8
    • 10th Mar 08, 8:15 AM
    mpanrich

    I should add that Equita CANNOT have any influence whatsoever on committal proceedings and neither can they recommend this.

    Committal proceedings are for a Magistrate Court's to rule on....and NOT a firm of bailiffs !!! This is a very common statement made by bailiffs with the intention of scaring you....and it worked !!!

    If you have any questions, please do let me know.

    Finally, I am not clear whether your OR has been in touch with the firm of bailiff or the individual bailiff himself. You MUST address all correspondence to the company.
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