EQUITA, council tax and my car

astraea

HI

I am having problems with EQuita. I had apayment plan in place and then i got made redundant and missed some payments. they are refusing to reduce or sety up a new payment plan. I know to not let them entry to my property thats fine. but can someone tell me where i nstand on my car?

I need it for work. i have business use on my liscense. (i am a social work student and i also work for a childrens home and barnardos)

can they taKE my car if it is required for work?

thanks

vikki

king100

astraea wrote: »

HI

I am having problems with EQuita. I had apayment plan in place and then i got made redundant and missed some payments. they are refusing to reduce or sety up a new payment plan. I know to not let them entry to my property thats fine. but can someone tell me where i nstand on my car?

I need it for work. i have business use on my liscense. (i am a social work student and i also work for a childrens home and barnardos)

can they taKE my car if it is required for work?

thanks
vikki

Yes they can. Make sure that you do not park your car in the driveway if you have one park it away from home. They will 1stly clamp your vehicle to try and get you to pay then they will tow your vehicle away to try and make you pay next they will sell your vehicle.

May I ask a couple of questions.

What do you owe in total?

How much was the liability order from the council?

Do you know what fees the bailiffs are charging?

Have they ever been in your property?

How much roughly is the car worth?

How much do you owe?

Are you on any benefits, classed and vunerable have an illness?

Have you ever signed any paperwork from bailiff company?

Tixy

Yes they could levy in this circumstance, whilst you feel you need the car for work from what you have described it is not a sufficent need to stop it being levied - have a read of this http://www.bailiffadviceonline.co.uk/canthebailiff.htm

NorthernLas

Could you re-send them the letter from your previous thread and ask to set up a payment plan that you can afford?

http://forums.moneysavingexpert.com/showpost.html?p=33539567&postcount=18

From what I remember one of your children has epilepsy and you need the car to get to work.

I am not sure if this fits the definition of your car being essential.

Alternatively, I think there is an option to sell your car to your OH - but someone else will need to tell you the specifics.

Harry_Flashman

A couple of questions spring to my mind from this;

1. If you have a debt, is this not spread to your partner too? Are their goods not at risk from the bailiff?
2. If a car is subject to a loan, can the bailiffs still take it?

king100

NorthernLas wrote: »

Could you re-send them the letter from your previous thread and ask to set up a payment plan that you can afford?

http://forums.moneysavingexpert.com/showpost.html?p=33539567&postcount=18

From what I remember one of your children has epilepsy and you need the car to get to work.

I am not sure if this fits the definition of your car being essential.

Alternatively, I think there is an option to sell your car to your OH - but someone else will need to tell you the specifics.

You can do that but council tax is not specific to a person it is liable for the household so selling to other half is not going to make a difference.

If your child has epilepsy this could be classed under some part of the rules which I dont have to hand, a case could be passed to bailiff concerning needing for emercency if he has a fit. Will check into it for you and get back.

king100

If car is on finance or HP they cant touch it.

The debt is for household and not just who is named on bill.

Goods are at risk from bailiff but only if they levy and thus have made peaceful entry to the property, no entry no levy, therefore they cant break in.

KEEP ALL DOORS AND WINDOWS LOCKED AND DO NOT ANSWER THE DOOR IF YOU DONT KNOW WHO IT IS.

Speak to bailiff from upstairs window or letterbox

Need questions answered in my 1st post to be abl to help you further

hallowitch

http://www.dca.gov.uk/enforcement/agents02.htm

Vulnerable situations

• Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
• Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.
• Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
• Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
• Those who might be potentially vulnerable include:
  • the elderly;
  • people with a disability;
  • the seriously ill;
  • the recently bereaved;
  • single parent families;
  • pregnant women;
  • unemployed people; and,
  • those who have obvious difficulty in understanding, speaking or reading English.

king100

Thanks halowitch cant get on some websites, internet filter at work.

Trying to get some answers from OP about amounts!

Then can see if any charges and bogus fees make up the debt.

CIS

You can do that but council tax is not specific to a person it is liable for the household so selling to other half is not going to make a difference.

Thats incorrect . The council tax charge is calculated based on the entire household but only the liable parties are responsible for the council tax due. This will include a resident partner only if the council have summonsed them to court and a liability was granted in their name otherwise they are not responsible for the council tax charge.

king100

Usually one person, called the liable person, is liable to pay council tax. Nobody under the age of 18 can be a liable person. Couples living together will both be liable, even if there is only one name on the bill. This applies whether the couple is married, cohabiting or in a civil partnership.
Usually, the person living in a property will be the liable person, but sometimes it will be the owner of the property who will be liable to pay.

From CAB