Equita Bailiff Fees Please advise

Xplosive

Thanks everyone
She has just told me that she knew about the Council Tax arrears and had a payment plan set up with Equita which was collected via direct debit, but going through her statements it appears that she went over her overdraft limit last month and the bank declined an Equita requested payment, which I think prompted them to pass it onto the bailiff (which, after reading many posts on the same issue here, I assume they’d demand full payment and refuse to put her back on her payment plan ).
It is a relief that this won’t turn into a CCJ but is an LO really worse? Can she somehow get back into her payment plan (hopefully more responsibly this time...)?
Appreciating all the help

RobertoMoir

A LO is worse because you can, in theory, go to jail for it. You can't get sent to jail for a CCJ. For me that's a pretty profound difference. I'm not saying this to scare someone because the chances are not likely, but I think possible vs. not possible is a big difference for something like that.

DC - As for the "Can't pay won't pay" thing, it isn't as clear cut. I haven't heard of many jail sentences being handed out, but it's wilful refusal(obvious) or culpable neglect(this is the tricky one - could you have paid at the time in the opinion of the court). Culpable neglect isn't easy to disprove.

Xplosive - You can go back onto a payment plan but the bailiff won't make easy. They don't raise money that way. Give it a go and watch what they try and do re: fees and we'll take it from there.

Xplosive

Thanks Rob/DC...

Hopefully she won't end up getting locked up, but maybe that'll teach her...just kidding

I've tried helping by following some instructions here and sent the "Statement/break down" request for her to Equita, I'll update as soon as they get back to us.
:beer:

DarkConvict

Thanks Roberto! You have cleared it up for me.

Xplosive

Just an update guys, this is what she's got from Equita:

Dear Sir/Madam

I can confirm receipt of your recent correspondence and can advise that a response will be sent within 14 days.

Kind Regards,

Equita Ltd

Thanks guys, it seems like we are getting somewhere

Xplosive

Hi all just wanted to post an update to this; we’ve received a letter from Equita that I’m amazed by. They haven’t sent a statement (as I had requested) but have sent my gf a letter advising that she owes £451.35 which is approx. £200 less than the £620 that the bailiff had advised her (she ended up calling him). They've also advised that she needs to contact them to discuss “various payment options”, which is contrary to the previous letter and the bailiff’s claim that there was no other way to pay but on the spot...
I’ll update on this once she’s called them
I know it’s a bit of a rant but I was wondering (my personal curiosity), is this some form of scam? I mean how can they change their mind by £200 just by me sending a letter?
Appreciating the help :beer:

RAS

Hi


Basically Equita add on fees that either have no legal status or that they can only charge in certain circumstances, from day 1 of the case.

have copied troubled1981's list in but put your OHs figures and you can see immediately how £195 could easily be added.

They do not want to discuss this with you or send you evidence as they know that if you take evidence of the illegal fees to your local councillor, the local council will take the debt back in house. They must be at risk of losing contracts if enough debtors compain of illegal fees.

Debt 451.35 - legal
Statutory Visit Fees £42.50 - may be legal - if the bailiff visited her house twice
Levy Fees £35.00 - illegal - can only be charged of the visit fees are not charged and anyway, no levy done in this case.
Enforcement fees £160 - illegal

My advice to OH is to arrange to go to the next surgery run by her local councillor, complain about illegal fees and demand the case be taken back by the Council.