Equita Bailiffs Advice Needed Urgently

ukguy77

Hi All,

Let me explain the situation, my mum fell behind with her council tax over the last few months (we have had financial trouble) and to cut a long story short this has been reffered to Equita Bailiffs.

My uncle had a big heart attack last week and had to have a major heart bypass operation and still is not in the clear so we have been rushing around with that, I came home last night to a letter from a bailiff who had visited the property (luckily no one was home). I tried to call him at 8pm last night but got no answer so left a message and then tried again at 9pm and again got no answer, I got into work this morning and the first thing I did was call him and he answered. I told him that I left a message for him last night and he said he was driving and was going to call me in half an hour when he's parked up, i got a call back from him and explained that the debt was under my mum's name and that I understand it has something to do with outstanding council tax (forgot to mention that due to my uncles situation and running around i did not check any of last weeks post and they had sent me a letter last week which was the first letter they had sent and it was dated 14/02/11 but i did not receive until some point last week after the 21st of Feb). He asked how he could help me, i told him no one will be home due to my uncles condition so its best i discuss this over the phone and get this resolved. I told him that i may be able to pay off the debt today and if not all of it then maybe most of it and then asked him what the outstanding amount was (knowing he would add on his visit charge), what he told me next shocked me and i was speechless, he said the amount was £473.50. I asked him what this was for as the letter i received last week said that the outstanding amount was £264.50, he gave me the following breakdown:

Council Tax Debt: £240
Visit(s): £42.50 (i did dispute the word visits as he has only been once and that was yesterday)
Levy: £31.00?
Bailiff Charges: £160.00

I told him that i dispute their charges, i am willing to pay the council tax debt and his one visit charge but think the rest is not right and want to get advise on this. He told me to call citizens advice and who ever i wanted to get advice but thats what i have to pay regardless, he mentioned a court summons but i said we did not receive this to which he had nothing to say. He said i have a couple of days to get this sorted out before he takes further action.

My mum has a car which was on the drive at the time of his visit and he has noted the details for this but the car is not road worthy and has been declared sorn since Jan 2010, i spoke to someone from the council and they told me that if a car is declared sorn then the bailiffs cant touch it but the guy at Equita helpdesk said that as far as he knows if it is under my mums name then it can be taken wether it is road worthy or not but he did also say he is not 100% sure on this.

I have offered to pay the council but was told that if i pay them then my debt with the bailiffs could go up??????? If i am willing to pay off the councils debt to them then surely they can get this stopped, can't they?

I am stressed with family/financial problems as it is so i dont need this right now.

Please can someone advise me, i would be most grateful.

RAS

Oh dear

I explained to another poster that I used this info about once a week on here. I suggest you add in a note that you have attempted to pay mr x so much and he has refused the payment.

Please send a copy to the head of revenues at the Council (or whatever their title is) and to you local councillor, making sure equita know this because there bailiff is charging illegal fees.

So............

The expert on bailiffs is Herbie21. She provided this advice to a previous OP.



You need to WRITE to Equita or better still send an e-mail to:

[EMAIL="info@equita.co.uk"]info@equita.co.uk[/EMAIL]

You need to say something along the following lines.

I refer to the above account in relation to unpaid council tax due to xxxx

As you will be aware from your files this account has been assed to your bailiff Mr xxx to enforce.

The query that I have is concerning the amount that your bailiff is now stating is due. You will be aware that your bailiff visited my premises on xxx and for this visit I am advised that Mr xxx may only charge a fee of £24.50 for "attending deliver the first letter".

He states it will be...

As a matter of urgency can you please provide a full and detailed breakdown of the charges made by your bailiff.




Herbie21 runs this web-site http://www.bailiffadviceonline.co.uk/ - 0906 802 0273 (60p a min)

try sending her a PM and she may well answer it here for free. Otherwise, try tomorrow and ask her to read her pms.

birkee

Well...I've no idea personally, but:-
If the Council have handed over to the Bailiff's, then they have entered into a contract presumably. The Baillif's will then have to be paid.
If you pay the Council tax, then who pays the Baliff's? Can't see the Council paying them can you?

If you are in financial trouble, I'm sorry, but some bills MUST be paid, to prevent legal action. Your Mum should have paid the Council tax, and you could have paid for her food etc.

ukguy77

If you are in financial trouble, I'm sorry, but some bills MUST be paid, to prevent legal action. Your Mum should have paid the Council tax, and you could have paid for her food etc.[/QUOTE]


You are right and i don't dispute this, my mum is on benefits and i'm the only one working fulltime which means all the bills and food are on my head. The little money she does get helps around the house once all my money is gone, it's not an excuse but just letting you know my situation. However thank you for replying.


RAS - Thank you very much for the advice and I will be doing this email as soon as I get home, I have read some of your advice given to other's in the past and would like to say your very valuable to people who are in a situation like myself. Once again thank you.

hallowitch

i did not check any of last weeks post and they had sent me a letter last week which was the first letter they had sent and it was dated 14/02/11 but i did not receive until some point last week after the 21st of Feb).
I hope you still have the envelope with this letter bailiffs collecting council tax debt cant charge a fee for letters delivered by royal mail
Council Tax Debt: £240
Visit(s): £42.50 (i did dispute the word visits as he has only been once and that was yesterday)
Levy: £31.00?

Bailiff Charges: £160.00

My mum has a car which was on the drive at the time of his visit and he has noted the details for this but the car is not road worthy and has been declared sorn since Jan 2010, i spoke to someone from the council and they told me that if a car is declared sorn then the bailiffs cant touch it but the guy at Equita helpdesk said that as far as he knows if it is under my mums name then it can be taken wether it is road worthy or not but he did also say he is not 100% sure on this.

your council are correct any goods levied must have an auction value that will cover all bailiff fees removal fee storage fees auction fees and a substantial portion of the principle debt this being confirmed in the judgement quoted

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
as for your car how old is it? I.E. would the sale of it actually cover a large percentage of the bill anyway?
a vehicle should only be removed if the proceeds of sale provide that there would be a surplus available to the liability order after deductions for the bailiff fees, , removal storages and auctioneers fees.

as for the £160 bailiffs fees
bailiff fees are set by legislation The Council Tax (Administration and Enforcement )Regulations 1992(Amended)
Regulation 45 schedule 5 charges connected with distress
there is no such thing as bailiffs fees of £160 in the above
This will be a van/attendance fee which cant be charged at the time as the levy
I strongly suggest you request from Equita and your council a breakdown of said fees to include
a - the time & date of any Bailiff action that incurred a Fee.
b - the reason for the fee.
c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
d - the name(s) of the Court(s) the Bailiff(s) was/were certificated at.
e - the date of the Certification.

you bailiff should also be certificated to Equita this list is not always 100/% accurate you can phone the Ministry of Justice Public Register of bailiffs on 020 3334 6355 if he is not on this register or is showing not employed by Equita
http://www.hmcourts-service.gov.uk/CertificatedBailiffs/if

Just to add to this find out who administrates your council tax find out if its a firm called Capita who own Equita bailiffs

ukguy77

Thank you Hallowitch,

I will get this info checked out and send the letter requesting the debt breakdown information.

Looks like there may be some hope after all.

dancingfairy

Hi - you owe/your mums owes:
1) the actual council tax concerned
2) the liability order costs - approx 80 pounds off the top of my head
3) the first bailiff fee for the first visit
4) possibly the second bailiff visit fee but you can't prove he/she has attended
5) as has been said you don't need to pay unlawful levy fees or 'bailiff fees' - they need to prove what they are actually charging for.
Oh and don't let them in otherwise they can add a shed load more charges- i presume they haven't been in at all already? Also if your mum has a current car that is not SORN'ed it needs to be kept a distance from the house -several blocks away otherwise the bailiffs will levy on it and then they could add more legitamate charges.
Best of Luck
df

ukguy77

To DF,

Thank you for your advice, my mum has a car but it is sorn so does this mean they can or can't touch it?

Whoisright

Hi, hope someone can help me. I have just had a letter through the door from one of Equita's bailiffs saying that I owe over 700 pound for a council tax liability. Now the thing is this was a shared house and yet i'm getting stung for the whole bill. the other thing is this is the first i have heard of it. the bailiff says i have 24 hours before he removes goods, i told him he's not getting in and he said he can force his way in with a lock smith. i said no he can't and he quoted some legislation that says he can. can someone tell me if he can or not?!?!

RAS

Whoisright wrote: »

Hi, hope someone can help me. I have just had a letter through the door from one of Equita's bailiffs saying that I owe over 700 pound for a council tax liability. Now the thing is this was a shared house and yet i'm getting stung for the whole bill. the other thing is this is the first i have heard of it. the bailiff says i have 24 hours before he removes goods, i told him he's not getting in and he said he can force his way in with a lock smith. i said no he can't and he quoted some legislation that says he can. can someone tell me if he can or not?!?!

He is lying about breaking in and you just need to keep him out.

Unfortunately the rules on CT are that it is a joint and several liability. That means that you and all of your house-mates owe the whole amount.

Are yuo still in contact with them?

crazikat2002

hi everyone
i'm in the same situation....my council tax was handed over to the bayliffs as i paid a week late on the payment plan....the amount handed over was £303 inc the liabitilty order charge...
After the company claiming my postdated cheques didn't arrive i then had to set up an arrangement again.....i paid £200 and after paying i realised that the balance was alot more than it should be....i called the company where no one on 3 numbers could tell me the reason for the increase....the bayliff himself has only been once to drop a letter off....in between me paying and the bayliff calling back for the next payment a letter arrived threatening to take my stuff unless i apid now gwtting fed up with the situation i sent a cheque for the amount on the letter.....on monday the day the payment was due the bayliff called and i explained i had received this letter and had posted the payment, yesterday i received a letter saying unless i paid the debt would be handed back to the council who will get a priso order.....today my cheques was returned saying it did not cover the balance, but there is no balance on the letter it was returned with.....the funny thing is the letter it was returned with looks completly different to the others.....no address at the top no barcode and more inportantly no signature.....
please help what do i do now i'm being harrassed but they dont accept the payments when sent