Equita Advice Needed Please

Icanandwillsavemoney

Hi

Please can someone give me some advice ref Equita.

I am being chased for council tax arrears and the outstanding sum is now £634. I have been making payments of £50 a month to clear this direct to the council as Equita refused to allow me to set up a payment plan. The council have refused to take the debt back from the bailiffs so I am stuck.

I have called Equita and told them I will not allow them peaceful entry (seen on another thread) however their letters are coming thick and fast.

The latest has come today and is a red removal notice dated 19/11/08 saying they are coming within 48 hours to remove my property and that I must ensure a person over the age of 18 is in attendance at the property. They have never had access to my property, in fact I have not even seen one of them yet, just received letters posted via the postal service and not hand delivered.

My questions are:

1. Can they enter my home and take our belongings without me signing a walking possession order (I think that is what it is called?
2. Can they take my car parked out the front? I ask this as if they take my car I will not be able to get to work and I can't afford to lose my job and try to clear my debts.
3. If I changed the ownership of my car to my son, could they take it then as he would be the owner?

I don't want to avoid paying as I have been making payments direct to the council and do want to clear this and all my other debts. I am managing to get on top of them all by making smaller payments to clear but just can not make a lump sum payment to clear in full.

Thank you in advace for your help.

AMBERSHADOW

No they can't come in or take whats not your's I had something similar with private Bailiffs But for another matter.
Herbie21 will help you she did me.
pm her she is brilliant

Herbie21

Standard letter. The wording and frequency of letters from bailiffs are being worse by the day as they too are finding that there is little money around.

They can ONLY remove items that they have PREVIOUSLY listed on a walking possession. However many bailiffs are instead putting a levy on cars outside. This is legal.
Always remember that BEFORE a bailiff has visited and levied on goods you can....transfer...sell....hide....or give away ANY ITEMS. This will include cars.

You should do this immediately but in the meantime make sure that you do not have the car anywhere around.

I would suggest writing to the bailiff co to advise that you will continue paying the council and that you will not allow a bailiff into your home as to do so will incur you in fees and charges that you would not be able to repay.

Mention also that you do not have vehicle on which a bailiff can levy.

RobertoMoir

Icanandwillsavemoney wrote: »

I have called Equita and told them I will not allow them peaceful entry (seen on another thread) however their letters are coming thick and fast.

They'll ignore that letter. It's up to the bailiff to try and gain peaceable entry to your property. That's their job, it's what they do. You don't have to, indeed you shouldn't, co-operate with this but they can certainly try.

Icanandwillsavemoney wrote: »

The latest has come today and is a red removal notice dated 19/11/08 saying they are coming within 48 hours to remove my property and that I must ensure a person over the age of 18 is in attendance at the property.

You "must ensure" someone is there eh? These people are like comedians, except their jokes are just not funny. No, you musn't "ensure" anything. It's up to them to try and catch you out, as it were.

If you've read about peaceable entry elsewhere, especially if you've seen some of the stuff that I and a few others have written on this, you'll understand that you need to keep your house properly secure to keep them out.

As I said earlier, you might not be able to stop them attending to try and gain entry, but you are under no obligation to make things easy for them if they do attend.

Icanandwillsavemoney wrote: »

They have never had access to my property, in fact I have not even seen one of them yet, just received letters posted via the postal service and not hand delivered.

Interesting. I hope they haven't charged you first and second visit fees for those letters.

Icanandwillsavemoney wrote: »

My questions are:

1. Can they enter my home and take our belongings without me signing a walking possession order (I think that is what it is called?
2. Can they take my car parked out the front? I ask this as if they take my car I will not be able to get to work and I can't afford to lose my job and try to clear my debts.
3. If I changed the ownership of my car to my son, could they take it then as he would be the owner?

1. Yes. Assuming peaceable entry, they can do this. Don't let them in. Make sure everyone in the house knows that last point is important.

Walking possession occurs if they gain access to goods they can seize and offer to allow you to keep using the goods while the debt is settled. Should a settlement not be reached they can then remove the goods they've already levied against at any time. You will be charged a fee for walking possession, should you agree to one.

If they levy against goods and you refuse to sign a walking possession, they can remove those goods there and then. The answer is don't give them anything to levy against.

2. If you own the car (see Herbie's answer and my answer to your 3rd point below) then of course they can take the car, providing it isn't required for work (e.g. is a tool of the trade).

As I've not actually been a bailiff for a while now, I'm rather out of touch with any recent data on how they judge things, but this is how I'd see it:

If you use the car as a taxi, or to make courier deliveries in, because that's your job, then it's a tool of the trade, and safe (in theory... remember, you have to prove your car is a tool of the trade to the bailiff or they might take it anyway... sure they might return it when the mistake becomes apparent but by then you have already missed work, right?).

If by "need it for work" you simply mean "The commute is a right sod without a car", then it isn't a tool of the trade and is therefore fair game.

3. They can't take goods that don't belong to you. Sell the car to someone you trust to sell it back when the crisis is over. My comments from point 2 about being able to prove it's sold apply here also.

Icanandwillsavemoney wrote: »

I don't want to avoid paying as I have been making payments direct to the council and do want to clear this and all my other debts. I am managing to get on top of them all by making smaller payments to clear but just can not make a lump sum payment to clear in full.

Thank you in advace for your help.

Hope this helps you feel a bit more under control. They do have some powers, but when you know what those powers are you can limit their effectiveness and keep control of things.

roughyed

The council have refused to take the debt back from the bailiffs so I am stuck.

Sorry its a late reply.

Have you been in touch with your councillor over this? You might get a better result if you approach them rather than a council office worker. It worked for me anyway, especailly if you say you are willing to pay the debt (and in your case it would seem have been).

Icanandwillsavemoney

RobertoMoir wrote: »

They'll ignore that letter. It's up to the bailiff to try and gain peaceable entry to your property. That's their job, it's what they do. You don't have to, indeed you shouldn't, co-operate with this but they can certainly try.



You "must ensure" someone is there eh? These people are like comedians, except their jokes are just not funny. No, you musn't "ensure" anything. It's up to them to try and catch you out, as it were.

If you've read about peaceable entry elsewhere, especially if you've seen some of the stuff that I and a few others have written on this, you'll understand that you need to keep your house properly secure to keep them out.

As I said earlier, you might not be able to stop them attending to try and gain entry, but you are under no obligation to make things easy for them if they do attend.



Interesting. I hope they haven't charged you first and second visit fees for those letters.

1. Yes. Assuming peaceable entry, they can do this. Don't let them in. Make sure everyone in the house knows that last point is important.

Walking possession occurs if they gain access to goods they can seize and offer to allow you to keep using the goods while the debt is settled. Should a settlement not be reached they can then remove the goods they've already levied against at any time. You will be charged a fee for walking possession, should you agree to one.

If they levy against goods and you refuse to sign a walking possession, they can remove those goods there and then. The answer is don't give them anything to levy against.

2. If you own the car (see Herbie's answer and my answer to your 3rd point below) then of course they can take the car, providing it isn't required for work (e.g. is a tool of the trade).

As I've not actually been a bailiff for a while now, I'm rather out of touch with any recent data on how they judge things, but this is how I'd see it:

If you use the car as a taxi, or to make courier deliveries in, because that's your job, then it's a tool of the trade, and safe (in theory... remember, you have to prove your car is a tool of the trade to the bailiff or they might take it anyway... sure they might return it when the mistake becomes apparent but by then you have already missed work, right?).

If by "need it for work" you simply mean "The commute is a right sod without a car", then it isn't a tool of the trade and is therefore fair game.

3. They can't take goods that don't belong to you. Sell the car to someone you trust to sell it back when the crisis is over. My comments from point 2 about being able to prove it's sold apply here also.



Hope this helps you feel a bit more under control. They do have some powers, but when you know what those powers are you can limit their effectiveness and keep control of things.

Thank you so much for your replies, they have reassured me no end. I have 'sold' my car to my son for £1 and have posted the documents off today so although I will be driving it, I will not own it. I need it to get to work but not 'for' work so I couldn't take the chance that they would take it.

Everyone knows not to open the door without the chain on and to always say to strangers 'you need to see my Mum cos we can't talk to you' - rehearsed this to death!!!

Charges on top - I will just keep making my small but regular monthly pmts to the council to cover the debt that the council said and am ignoring the inflated amount Equita state - I just can't give them money.

Thank goodness it is winter and the doors and windows are locked up nice and tight to keep the house warm and us free of bailiffs clmbing through the windows.

Thanks again, I really do appreciate your help and comments.

Regrds

S

Icanandwillsavemoney

roughyed wrote: »

Sorry its a late reply.

Have you been in touch with your councillor over this? You might get a better result if you approach them rather than a council office worker. It worked for me anyway, especailly if you say you are willing to pay the debt (and in your case it would seem have been).

What I am going to do is make another 2 monthly payments, ask the council to take the debt back and if they still refuse, I will contact my local councillor. I want to show 6 months of regular payments to help prove my commitment to clearing the debt.

Thank you

S

Ames

Be careful with opening the door with the chain on, they might be able to get a foot across the threshold then. I'd talk to them through the letterbox.

RAS

Ames wrote: »

Be careful with opening the door with the chain on, they might be able to get a foot across the threshold then. I'd talk to them through the letterbox.

This does not constitute Peaceful entry. If they force entry (and anything that stops you closing the door is forced entry) then any levy etc would be void.

And bearing in mind Amber's experience today, being allowed in by a child is not peaceful entry either, see kels post from the summer.

RobertoMoir

RAS is correct, Ames. Peaceable entry includes using a ladder to climb through your open bathroom window but not sticking a foot in the door. Sounds crazy doesn't it?

Having said that, keeping them out completely in the first place is obviously a lot less effort than having the levy declared void due to trespassing. Not as much fun. if you're not bothered by bailiffs, but definitely a lot more work.

Icanandwillsavemoney

Hi everyone, another letter arrived today...

This one is a 'Final Notification' and states that.... To date you have failed to settle the outstanding amount (well I have paid them nothing but have been paying the council directly £50 a month off the £500 arrears). As we have been unable to levy distress upon your goods and effects the matter may now be referred back to our instructing clent who have the power to apply to the court for a Warrant of Commitment to prison against you. - Long bloomin sentence!!

Does this mean that:

a) They will no longer send me letters
b) The council will try to send me to prison

I am a little worried about this as I am a single parent so prison is not an option. Also, they never once called at the house in person to collect or hand deliver any letters - not sure if that was worth mentioning but...

I want to go down the route of completing an SOA with a debt managment charity but unfortunately I work in a bank and most of my commitments are with them. In my contract it states that missed payments will result in a notification being sent to my line managerand I could be sacked for gross misconduct. A situation I need to avoid until they announce the 20,000 or so redundancies that are proposed as I will take it and clear most debts.

If I could find another job I would take the SOA route but until then I am stuck juggling Peter and Paul with the oddBill in between.

Thanks for any help and advice.

Regards

S