equita baliffs

hook

debtadvice said i should call the council as equita are working on their behalf. council just said again that as far as their concerned equita can charge as much as they like and its nothing to do with them

king100

hook wrote: »

just called the council and they said i owed £31 and £100 is court cost and equita want £229 in there charges but didnt give me a run down

Since when is court costs £100 to get a LO??

What council is this please.

Just that when I did a FOI on my council and this is what I got.

How much does each Liability Order cost the Council? Currently in 2010/11 the cost is £11

How much does the Council charge its "customers" for a Liability Order? Currently in 2010/11 the charge is £11

£100 sounds way too high.

hook

i am with westminister council...
i have no idea what to do now and how long i can keep this guy away from my house. and its a bad day today as i am having to have my 17 yr cat milo put to sleep at half 7 tonight..

king100

Maybe they can charge that amount this is from 2005 cannot find anything sooner.


City of Westminster


Decision -maker Date Title of Report

Cabinet Member for Finance and Support Services
May 2005 Council Tax and NNDR – Proposal to increase court costs for Liability Order applications
Classification
General Release
Report of
Director of Finance
Wards Involved All
Policy Context To maintain a low Council Tax
Financial Summary It is estimated that the proposed increase in court costs will generate approximately £320,000 additional revenue in a full financial year above the 2004/5 Actual and £200,000 in excess of the 2005/6 budget.

Report Author Martin Hinckley on 020-7641-2611 or at
mhinckley@westminster.gov.uk


1. SUMMARY OF THIS REPORT


1.1 This report recommends that the Cabinet Member approves a proposal to increase the level of court costs for Council Tax Liability Order applications from £55.00 to £85.00 and for NNDR applications from £55.00 to £100.00.

1.2 It should be noted that the recommended increase in the level of costs would be subject to agreement by Horseferry Road Magistrates Court.

2. RECOMMENDATIONS

2.1 That Cabinet Member approval is given to the proposal to increase the level of court costs for Council Tax Liability Order applications to £85.00 and to £100.00 for NNDR Liability Order applications.

3. BACKGROUND

3.1 The recovery processes available for Council Tax and NNDR collection are governed by statute. Court action is commenced via an application to the Magistrates Court for the issue of a Liability Order.

3.2 The City Council is allowed to request that the Magistrates Court grant costs on each Liability Order application. The level of costs for standard applications is agreed in advance with the court.






3.3 In 2003/4 Horseferry Road Magistrates Court agreed to increase the level of costs from £40.75 to £55.00. This followed approval of the recommendation to increase costs in a report to the Cabinet Member for Finance and Support Services dated 8 August 2003 (decision date 18 August 2003).

3.4 In 1997 the level of costs were set at the same level across London, the negotiations being undertaken by the London Borough of Croydon, who acted as London’s representative in discussions with the London courts. Since 1997 some London boroughs have managed to negotiate individual increases with their local courts.

3.5 In 2003/4 the practice of a London-wide agreement was revived by the London Revenues Group, a group made up of senior Revenues practitioners from the London Boroughs. This is because when Ealing Council tried to negotiate an increase with their local court, it was recommended to them that a pan London approach be made through the Legal Forum for London (i.e. all the London Justices’ Clerks in solemn conclave).

3.6 The Legal Forum for London has recently agreed revised upper limits for court costs of £88.00 for Council Tax and £160.00 for NNDR with effect from 1 September 2004.



4. WHETHER TO DIFFERENTIATE BETWEEN THE LEVEL OF COURT COSTS
FOR COUNCIL TAX & NNDR

4.1 The City Council currently has the same level of costs for Council Tax and NNDR Liability Order applications. It has been identified that some local authorities have a higher level of court costs for Non-Domestic Rate than Council Tax. It appears to have been accepted by their local courts that the increase was more in keeping with the larger sums involved for NNDR, therefore the higher level of costs would be more of a deterrent.

4.2 In last year’s report recommending an increase in the level of Council Tax and NNDR costs, it was recommended that the City Council did not differentiate between the level of costs for Council Tax and NNDR. However, the Legal Forum for London has recently agreed that it is acceptable to have different levels of court costs for Council Tax and NNDR. It is therefore proposed that the City Council approaches Horseferry Road Magistrates Court with an application to increase NNDR costs to a higher level than that set for Council Tax.


5. THE LEVEL OF COSTS


5.1 The City Council’s neighbouring boroughs have currently set the following levels of court costs:







London Borough Council Tax Liability Order Costs NNDR Liability Order Costs

Kensington and Chelsea

Camden

Hammersmith & Fulham

City of London

Brent

Lambeth

Southwark

Wandsworth

£85.00

£77.50

£80.00

£50.00

£65.00

£85.00

£85.00

£105.00 (Proposed) £100.00

£160.00

£100.00

£70.00

£65.00

£100.00

£100.00

£115.00 (Proposed)

5.2 It is recommended that the City Council seek to mirror the level of costs applied by the London Borough of Kensington and Chelsea. Subject to agreement by Horseferry Road Magistrates Court, the recommended level of court costs being:

Council Tax NNDR
Summons costs £64.30 £74.30
Court Fee £0.70 £0.70
Liability Order costs £20.00 £25.00
£85.00 £100.00


5.3 An alternative option would be to increase the level of NNDR court costs to the maximum level set by the Legal Forum for London (£160.00). This level would however be out of step with the majority of our neighbouring Inner London boroughs and represent a 190% increase in relation to the current level of £55.00. It may also be difficult to obtain the agreement of Horseferry Road Magistrates Court to such a large increase.

5.4 It is proposed, subject to approval of the recommendations, that the City Council write to Horseferry Road Magistrates Court seeking an immediate increase in the level of costs. However, it should be assumed that it is unlikely that any increase will take effect prior to 1 July 2005, due to the timescales involved in obtaining agreement from the court.

5.5 It is perceived that Horseferry Road Magistrates Court are likely to accept the proposed increase without requesting a substantial amount of additional supporting evidence. Although the increase represents a significant increase on the current level, it would mirror the level set by our neighbouring boroughs.

5.6 It is anticipated that the proposed increase in court cost will act as an incentive to the borough’s Council Tax and NNDR payers to ensure that their instalment payments are kept up to date. It is planned to “advertise” the increased level of costs within the Council’s Council Tax and NNDR reminder notices (the notices sent prior to court action).



6. FINANCIAL IMPLICATIONS

6.1 It is estimated that the proposed increase in Court costs will generate approximately £320,000 additional revenue in a full financial year above the 2004/5 Actual and £200,000 in excess of the 2005/6 budget.

6.2 Subject to agreement of the proposed increase by Horseferry Road Magistrates Court, it should be possible to achieve £160,000 of additional revenue in 2005/6 over 2004/5 Actual and £50,000 over 2005/6 budget. (based on an effective date of 1 July 2005).




7. LEGAL IMPLICATIONS

7.1 There are no legal implications arising from this report.


8. INFORMATION TECHNOLOGY, PROPERTY OR CUSTOMER SERVICES INITIATIVE IMPLICATIONS


8.1 There are no implications arising from this report.


9. STAFFING IMPLICATIONS / STAFF CONSULTATIONS


9.1 There are no staffing / staff consultation implications to this report.


10. BUSINESS PLAN IMPLICATIONS

10.1 This report meets the Business Plan requirement to maintain a low Council Tax.


11. WARD MEMBERS COMMENTS

11.1 As this report relates to all wards, no ward member consultation was required.


12. REASON FOR DECISION

12.1 The recommended increases will generate additional income for the City Council. The increased level of costs will also provide an additional incentive for the borough’s Council Tax / NNDR payers to keep up to date with their instalment payments.








12.2 The alternative options would be to leave the court costs at their current level or to increase to a level below that set by the Council’s neighbouring boroughs. This would result in the Council not maximising its potential income in this area.

12.3 An alternative option would be to increase the level of NNDR court costs to the maximum level set by the Legal Forum for London (£160.00). This level would however be out of step with our neighbouring Inner London boroughs and represent a 190% increase in relation to the current level of £55.00. It may also be difficult to obtain the agreement of Horseferry Road Magistrates Court to such a large increase.

13. OUTSTANDING ISSUES

13.1 There are no outstanding issues.


IF YOU HAVE ANY QUESTIONS ABOUT THIS REPORT PLEASE CONTACT MARTIN HINCKLEY, CONTRACTS PERFORMANCE MANAGER, ON EXTENSION 2611 OR BY EMAIL AT mhinckley@westminster.gov.uk

king100

Ok have you got the money to pay for this now.

If you do pay the council online the sum of £131, cost of LO and fees, then pay them 1st visit fee from bailiff and no more.

hook

i can pay that tomorrow morning when my wages go through. after doing that what shall i do????

grogsy

Hook do yourself a massive favour and listen to what RAS tells you, he/she is very clued up in this area.

hook

i am listening to what RAS has to say and have mailed equita that letter.but shall i pay them tomorrow and try to get the money back or wait it out. the next surgery in not till last friday of the month but i did e mail the counciler.. im just a bag of nerves at the moment waiting for the knock on the door

hook

Have equita ever been in your house?
no they have not

Basic costs £131

First letter £24.50 - you have had this. only had the one he put through the letter box

Second letter £19 - depends if you have had this?

Any levy done?
not sure what this is

king100

A levy can be

where they come in a start writing a list of your goods that they say they are going to sell at auction also known as a WPA Walking possesion order.

they can also levy a car that is parked in a driveway or outside your house.

As they are not allowed to force entry they tend to levy the car more often that not and also sometimes not actually your car.

If you have only had 1 letter that was hand delivered this counts as a visit.

Either go online or call up the council today, get your debit card out and pay....£131 for the cost of the LO and what you owed plus £24.50 for the bailiff charge.

They cannot refuse payment. Then sit back and see what the bailiffs come back with in terms of their fees.