Equita and council tax arrears

jolufawo

Problem with paying is I have arrears from other years , so when we make payments it goes against those if not the exact amount due, which is why this has come about. Do I call the council and try and pay them, though I fear they will say go to Equita?

jolufawo

This is my plan please shout if wrong.
1. will pay the 230 odd through the council website and put a note on the payment for what it is for.
2. Will then send an email to equita the council, councillors stating this has been done and then adding the whole refusal to take money episode and unfair charges case.

Hope that is a good plan?

hallowitch

jolufawo wrote: »

This is my plan please shout if wrong.
1. will pay the 230 odd through the council website and put a note on the payment for what it is for.
2. Will then send an email to equita the council, councillors stating this has been done and then adding the whole refusal to take money episode and unfair charges case.

Hope that is a good plan?

yes make sure you pay £232.50

and get in touch with your MP and inform him/her of your situation and the action you have had to take to make payment because of the bailiffs refusal

jolufawo

Okay, paid the council through their automated system, then rang the finance dept and spoke to a chap explaining what the payment was for, seemed nice enough, now about to write the email. Thanks for all your help so far, John

RAS

Go to the local council web-site, and find out the e-mail address for your local councillors. make sure you include them in any communication.

jolufawo

Email sent and I cc'ed the 3 councillors and the MP, will send the bailiff a text message saying that I have paid the council and that I am awaiting the details of breakdown of charges.

hallowitch

jolufawo wrote: »

hello guys, I need some help here, I have an outstanding bill that was 190 and as of last week was 261.50 with equita.
this figure suggests that you have been charged a levy fee
the fee for levy on this debt would be £28.10 they are allowed to round it up to the nearest £29 + £42.50 1st 2nd visit fee + debt £190 =£261.50
As RAS said to charge this fee they must leave a notice of seizure at the time of the levy


I called last week and was told pay what you can but still with bailiff. Not made a payment yet, but this morning bailiff shows up and says he wants 440ish,
£180 approx has been added this will be a van attendance fee

that he hears what I am saying etc, but will run and check on my car and if mine will clamp. I am happy to pay the 261.50 but cant as have been directed back to him, but fear he may say he wants the 440 sum, which I am not sure is valid. Any ideas of what I can do?
John

Sorry if it looks like I am rambling.

start as you mean to go on you have not been left a notice of seizure (don't be surprised if you receive one backdated to a previous date in the next few days)
you want from Equita the date.time.and name of any bailiff that attended you properly that incurred a fee the reason for the fee

you want a copy of there complaints procedure

from the council you want
the date and amount of the liability order
the date the debt was passed to equita
a copy of there complaints procedure

make a freedom of information request and ask for a copy of there contract/ serves level agreement between them and Equita

A letters/e-mails should be headed FORMAL COMPLAINT and sent to the complaints department and the chief executive (find out his name from there website) and Equita

is your bailiff certificated
http://www.hmcourts-service.gov.uk/CertificatedBailiffs/

jolufawo

Update:

After paying the £232.50, I got an acknowledgement email from the council after 2 days saying they had noted the payment and were informing the bailiffs. Finally got a response from the bailiff today in the post. First letter (on extremely cheap paper, I might add) had a list of charges
statutory visit fees 42.50
Levy fees 29
Enforcement fees 160
Debt 190

Balance 189.00
Be advised file with bailiff who can be contacted on....., your account may be subject to further costs.

And a second letter (contents below)

I write further to your email ....

Pls be advised that as you did not respond to our initial attempts to prompt payment the file was assigned to our external team. This resulted in additional charges becoming due to which you are liable. I would like to stress that prior to this course of action taking place the opportunity for you to pay a lesser sum was given. Also our intentions were made clear.

To date, whilst it is noted that you have made payment of the 232.50 the levy and enforcement charges remain outstanding.

We do have a current levy in place on the vehicle displaying the registration ******* and given that you did make payment as a direct result of the bailiff action, I would strongly recommend that you contact Mr Russell to arrange discharge.

I would to this end stress that it was Mr Russells intention to enforce the liability order upon visiting but chose not to remove the car to allow you the opportunity to obtain the full funds.

yours

Equita

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<,

Those were the contents of the two letters. Can they have a current levy that I do not know about? Secondly the bailiff said he was going to do a check on the car after I spoke to him in the morning, thirdly they have the wrong licence number, (wrong by a digit) so could not have run a check on that plate and got me as the owner.

Where do i stand in all of this?

Any thoughts welcome.

hallowitch

statutory visit fees 42.50
Levy fees 29
Enforcement fees 160
Debt 190

did they give you the dates the fees were charged
I assume the letter only gives you the(wrong) car reg and not the make and model

find out who the chief executive of your council is and i will knock up a formal complaint letter for you sometime tonight

hallowitch

Amend this check spelling E.C.T. and send it to
Equita
the revenues complaint department
council Chief Executive
Your MP
don't forget to head it FORMAL COMPLAINT
Name
Address
Council acc no
Bailiff Acc no
Date

Formal Complaint
FATO Chief Executive Mr Xxxxx
Dear Sir,
Equita Bailiffs’ were contracted to collect council tax arrears of £190 bailiffs fees increased this debt to £261.50
Bailiff Mr Xxxx called at my home on 22nd February and demand payment of £440 Mr Xxxx could not or would not explain the increase in fees I was told to pay up or he would do a DVLA check to confirm ownership of a car sitting on my drive and come back and clamp it he noted the reg and left


I paid the outstanding balance of £261.50 on the 22nd February and requested a breakdown of my account from Equita

The information received was minimal (a copy is enclosed for your convince) I therefore require you to instruct your contractor’s to supply the following information

The date and time of all visits that incurred a fee the name of each bailiff that charged the fee
A copy of any hand delivered letters and the Notice of Seizure levying the vehicle I do not own


The fees charged include a levy fee of£29 there is no date next to this fee however The Council Tax (Administration and Enforcement) Regulations (Amended) Regulation 45 (5) clearly state that
He shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.

At no time during the enforcement of this debt was I given such document levying vehicle reg xxxxx had I received said document I would have informed Equita that I do not own a vehicle with this reg As Bailiff Mr xxxx only noted the reg of the vehicle on my drive and the levy fee and van fee had been charged prior to this visit this vehicle has no bearing on the matter

As I understand I have now discharged my liability to xxxx council and all fees that can be charged according to the above legislation

Please provide me with a letter confirming that you have investigated the matter and confirm that the account is closed and all debts legally owed have now been satisfied or an explanation as to why the levy and van fee are lawful and should be paid according to the above legislation