Council Tax arrears & Bailiffs

Barricade

nicolajane1 - It may be best posting this in a new threat, but I'll answer anyway - They cannot charge enforcement fee's etc. I once had a problem with Equita and had them remove these charges as they were unlawful.
I am nipping home at lunch to grab some paperwork, so I will scan in the letter I sent and post it here so you can see what I said. I didnt find a template that matched.

I'm not sure on the card charges, this may be lawful, but if you have paid these "enforcement fees" - then you should definately be able to ask for it back. Whether you get it back is a different matter.

nicolajane1

Thanks for that, i seem to be going around in circles at the minute, wasnt sure how to post it as a new thread. Look forward to seeing your letter many thanks

hallowitch

please get in touch with your council and ask for the date of each liability order the amount of each liability order and the date each liability order was passed to Equita bailiffs cant charge multiple fees when collecting more than 1 liability order at the same time



Detailed Assessment Judgment of Throssell v Leeds City Council where the District Judge ruled as follows:
“Turning to the taxation it seems to me that notwithstanding the fact that there were three liability orders but one visit was made by one bailiff and the maximum that the Council’s reasonable charges can be is the result of applying the formula contained in Schedule 5 paragraph 2 (1) (b) of the Regulations”

they cannot charge so many fees if only one visit is made

If the bailiff has charged you a levy fee he must leave a Notice of seizure of goods and inventory at the time of the levy listing goods levied
a walking possession agreement fee £12 can on be charged if the walking possession agreement has been signed
A van/attendance fee 1st or 2nd visit fee cant be charged on the same day as a levy fee

IT would help if you could post a list of fees charged and the date of the charges


just to make you aware as you are dealing with Equita
if Capita administrate and enforce council tax for your council they also own Equita bailiffs

nicolajane1

they cannot charge so many fees if only one visit is made


IT would help if you could post a list of fees charged and the date of the charges

Hi, they (equita) sent me a letter dated 13th September 2010 only after council got involved and chased it up this is what it listed.

liability order dated 29/05/2008

debt: £429.56
Statutory visit fees: £42.50
levy fees £38.00
card charges: £2.00

total £512.06
total received: £ 512.06

Liability order dated: 5/07/2007

Debt: £1,217.21
statutory visit fees: £42.50
card charges: £4.00

total £1,263.71
total received £444.47

balance £819.24

liability order: 2/6/2005

debt: £72.00
statutory visit fees: £42.50
levy fees: £24.50
enforcement fees: £127.50
card charges£1.00

total: £267.50
total received: £267.50

liability order dated: 11/1/2007

debt: £740.20
statutory visit fees £42.50
levy fees: £47.00
Enforcement fees: £127.50
card charges: £7.00

total: £964.20
received: £964.20

I moved into my present address in August 2008 prior to this date i had no dealing with equita by post or visit until Dec 2008. I then had four letters posted together not by hand regarding all four accounts, i have been paying these as a combined amount and equita are supposed to split the money between the four accounts. I have had a letter put through the door by hand (1 letter) and phoned to arrange a payment plan this was back in 2008. I have since got last years and this current year to pay through equita, these were not listed on the letter.

hallowitch

you really need the dates of visits when fees have been charged
I see there are levy fees on your accounts what goods have they levied against

van attendance fees again dates needed

In your situation i would send a subject access to Equita and the council Equita will charge £10 but most councils don't charge

nicolajane1

Hi, No goods have been levied on, i have not even seen a balliff! will ask for that information i have got the lady at the councils direct number so will ask her as well.
No dates were on the letter apart from the liability dates, seems funny, one dates back to 2005 but i never got a letter or visit from the balliff, first i knew was a letter (well 4 letters) in Dec 2008 or thereabouts.

hallowitch

as i understand it the council have direct access to your bailiff account this may give you the goods the bailiff has levied (not 100%sure about that) but will have dates fees have been added

the bailiff will inform you /the council that they have levied on a car
If you have a car please move it out of your street it wont be the first time a bailiff has went looking for a debtors car to get the reg to justify the levy fee but the bailiff cant levy the same goods more than once

ask the council to provide a screenshot of your accounts that the bailiffs are collecting

if you want a subject access to send to Equita i will send you one by PM

nicolajane1

Hi would be great if you could give me that thanks, I do not have a car, my husband does registered in his name but the council tax is in my name as is the property (council) so its my understanding that a levy can only be made in goods in my name, we do not have a drive for the car.
I have never had anything put through the door to saw a levy had been made i live on a street and there are cars parked all up it.

hallowitch

sent it to you

council tax it a joint debt therefore the bailiff can levy on your husbands car if he was living with you at the time

so i would suggest he parks it round the corner just to be on the safe side unless its on HP/finance


I would also subject access request your council they don't usually charge for this information


I moved into my present address in August 2008 (are you paying council tax arrears for 08/09 tax year )

RAS

hallowitch wrote: »

sent it to you

council tax it a joint debt therefore the bailiff can levy on your husbands car if he was living with you at the time

so i would suggest he parks it round the corner just to be on the safe side unless its on HP/finance

Do not risk this; most bailiffs have number plate recognition in their cars, so if they see a car assocoated with an address they are interested in they will levy on it.

Unless the car is on HP, you need to "sell" it to someone you trust immediately for £1 and get the receipt to prove it.