Advice-EQUITA Bailiffs, eek!

Red_dog_Sam

Good advice from RAS again. But to expand on your last point...
Whilst a bailiff collecting Council Tax cannot force entry into your home, they can climb over fences, walls or gates. BUT they cannot break down a fence or a gate to gain access to your property. So unfortunately, if they can climb into your back yard without breaking anything they can do so. They are allowed to force entry into a shed or other buildings not attached to your home - a detached garage for example. So any valuables in the backyard or shed could be seized even if you deny access to your home. Remember though, that they cannot force entry or push past you to get into your house. As others have advised, make sure all the doors and windows are closed and locked and they can't get in. Don't open the door if you are in when they call. Park your car, if you have one, on a different street.

Correction in acknowlegement of hallowitch's susequent advice - that forced entry into outbuildings is not allowed for Council Tax collection - though it is for other types of debt.

hallowitch

They are allowed to force entry into a shed or other buildings not attached to your home - a detached garage for example

not for council tax or PCN

norrie1966

Can you explain about the goods on the levy having to cover the value of the liability order and how this affects the fact that the bailif is saying he has levied.Dont know where I stand. Also can he now charge me another 160.00 if he turns up tomorrow with a van?

hallowitch

the total bill of 819.50 that his costs are 43.00 for levy and 160.00 for bringing a van. 572.00 is the council tax and 44.50 is the liability order

the administration cost incurred by the council for the liability order are add to the liability order they are not collected by the bailiff as a separate issue

If he has a levy (regardless of what he has levied ) he should leave a notice of distress/seizure of goods and inventory at the time of the walking possession(levy)

if he has levied on 2 plant pots he is on a hiding to nothing (however a case where the bailiff levied on a door mat went all the way to the ombudsman)

A first visit fee cant be charged the same day as a levy fee
A van fee must follow a levy they cant be charged the same day

a bailiff is only allowed to levy against the amount outstanding against the liability order at the time of the levy a levy fee of £43 would be correct on a debt of £572

hallowitch

norrie1966 wrote: »

Can you explain about the goods on the levy having to cover the value of the liability order and how this affects the fact that the bailiff is saying he has levied.Don't know where I stand. Also can he now charge me another 160.00 if he turns up tomorrow with a van?

give me some (have to root them out) time and i will post all the current legislation you need to contest the fees

have a look on your local authority web site and find out who the Chief executive officer is and the head of revenues you will have to write/e-mail a Formal complaint to them

It would be good if you could record the bailiff telling you what the fees are for Is this bailiff certificated to Equita
www.hmcourts-service.gov.uk/CertificatedBailiffs/

Slough Borough Council (10 007 469)

Local taxation Maladministration, but no injustice
04 April 2011
Bailiffs’ practice of threatening to take low value items and charging fees for doing so was criticised by the Local Government Ombudsman. A bailiff’s threat to remove a door mat and charge £230 fees was described as unreasonable. The report concerned a complaint against Slough Borough Council's bailiffs and the Ombudsman issued it as a matter of public interest, to send a clear message to other councils which may need to review their practices.
She also criticised the handling of the complaint by the bailiffs and the Council saying: “If bailiffs and their employers are to properly deal with complaints, they should consider all the circumstances and take a wider view, not just focus on the legality of their own actions.”
The Ombudsman reported on her investigation into a complaint from a man who was not up to date with his council tax payments. Slough Borough Council instructed bailiffs to recover the debt. When unable to gain access to his home the bailiff seized a door mat and charged fees of £230 for this action. When he complained to the bailiff firm and then the Council, he was told the fees were legal.
The Ombudsman agreed that, where people do not pay their council tax, it is right and proper for councils to take enforcement action against them, including the use of bailiffs. But she stressed that “non-payment of council tax, no matter how large the sum owed or the behaviour of the debtor, is no excuse for debt recovery officers to behave unreasonably when trying to recover a debt.”
Bailiffs will not always be able to find goods of sufficient value to clear the debt and the costs, and it is legal to seize goods of a lower value and charge the statutory fees for doing this. It will be a matter for the judgement of the bailiff as to how reasonable the disparity between the potential value of the goods and the debt is. In some cases it will be appropriate for the debtor to challenge the reasonableness of such a levy in the courts; that will depend on the facts of each case. But in some cases, and this is one, the unreasonableness of the action was clearly beyond dispute and there was no need for legal action to establish this.
The Ombudsman said: “In this case I consider that the disparity was so great that any reasonable person would have concluded that the levy on the door mat should not have been made. As the levy should not have been made the fees should not have been charged. The bailiff was also at fault in charging what appears to have been too great a sum for the attendance fee.”
When the bailiff firm and the Council considered the concerns raised they concentrated on the legality of the situation and did not take a view on the reasonableness of the action.
The Ombudsman found that the levying on such a low value item as a door mat, the charging of the fees for this, and not considering the reasonableness of this action amounted to maladministration.
She noted the action the Council and the bailiffs had taken in acknowledging they were wrong and withdrawing the fees. Given this and taking into account the complainant’s failure to pay his council tax, she did not consider that any further remedy was needed in this case.
Date Updated: 19/09/11

norrie1966

Thanks for all the help and advice, it really is appreciated. I think I am going to have to pay and fight the fight later. I am afraid he will turn up tomorrow with a van and charge more costs. If it was just down to me I would not give in but I have a wife and kids who cant be afraid to go out the front door or the back door to the garden. I am absolutely gutted at being turned over by these dirty rotten thieving ********. I will most definitely be fighting to get my money back. Once again, thanks.

hallowitch

he can come to your home every day for a month and cant charge you a fee unless he removed the goods he has levied

have you paid any of this debt if yes who to and how much

you can pay the fees and reclaim them from the council as they are responsible


do you know what i would do(if it was me) when he turns up tomorrow video him (secretly) get him to confirm the fees point to the plant pots and ask him to confirm that these are the goods levied then i would tell him to take them and sod off :rotfl::rotfl:

when /if you pay him tomorrow go outside lock the door behind you
you want the receipt to show
1st visit fee (date) 24.50
levy fee £43 (date)
van fee £160 (date)
liability order fee (44.50) (i doubt very much if he will put that)
total £203

If he refuses to give you a receipt showing this refuse to pay him remind him that under the national standards for enforcement agent he is duty bound to give this
ask to see his certificate (he should have ID with his picture Equita bailiff ref no on it ) if he hasn't got it refuse to pay him
tell him you don't care if he has to go to his car to write it out you will wait for him and when you sign the receipt put paid under duress

norrie1966

Have not paid any of this debt to anyone. I will refuse to pay unless I get all the paperwork you have suggested. Also, I will not pay unless he puts in writing what he levied against (plant pots). I thought plant pots were bad enough but a door mat! Thanks again for all the help, it is great that there are people out there who have morals and actually believe in helping others. It puts your faith back in fellow men and women after having to deal with those who revel in others misery and want to rip off honest decent people.

RAS

hi

Send them a cheque for the liability order, administration and the first visit fee, if you have the money.

They will hate it but will cash it.

hallowitch

I can knock up a letter to send by e-mail to the CEO of the Enfield council for you if you want

can you explain this (post 7)

I have received a letter for council tax 5yrs and 11 months old from Enfield council who I am not with now (amount 572.00). I was sure I paid off this account but cant find any proof.

did you have a debt (liability order) previously with enfield council that you thought you had paid
when do you think you paid it before or after you vacated the property
do you know the liable year this £570 relates to

did the letter he left you state the amount he wanted you to pay was it just the total £803
apart from confirming there was a levy what else did the e-mail from equita say

are you paying the debt and bailiff fees in full tomorrow

did you check he was certificated to Equita (important)