Equita Bailiff Removal Notice 08/12

monsieur_epargnant

Well I never expected to be in this situation but I certainly suggest communicating from the outset or you might end up in my situation.

I've been trying to setup my own business but been delayed by doing proposals that have not been forthcoming. Delaying payment of council tax. Living in hope. Glass half full kinda guy. Anyway I applied for JSA which I then stopped so I could do my self employment thing but only yesterday for the first time notified I could actually be getting housing benefit AND be self employed if I was submitting profit/loss statements. Anyway..

After missing the court date today I had a bailiff removal notice through my door and later today I had a 3 day previously dated notification from Equita. So we're dealing with a very very keen bailiff if you get me.

The removal had no details of the amount to be cleared so I immediately went to the Westminster Council (WCC) website to pay as much as I could to prove I am keen to pay and sort it out. I then rang them and they said the need 24 hours to confirm receipt of payment. I've cleared 1/3 of the Council Tax Liability Order today. I hadn't opened the envelope until today thinking it was just from the DWP saying are you sure you want to stop JSA application process. Note to self. Open everything immediately! WCC said to ring back tomorrow and they would get a notification off to Equita that they had received payment.

So I ring Equita and tell them. The guy totally understood the delays in place and the difficulty of getting everyone up to speed so noted my situation and suggested I call the bailiff direct to have everyone in the picture. Nice as pie. Everyone calm and wonderfully efficient. So then I call the bailiff..

He said me paying what I could made no difference and "we will be attending tomorrow for removal". I asked him if he was even listening to me and wondered why he had started shouting when I am notifying him that I am in contact with WCC and his office and showing with my money that I am willing to clear this matter asap. I calmly said "there's no reason for you to escalate this" and he hung up on me! I didn't raise my voice. Only he did.

I immediately notified his office and also just notified the council he was acting inappropriately despite my calm manner. WCC just noted my payment authorisation codes to ensure Equita would be notified of some payment going through and I also notified them that the bailiff removal notice pre-empted the letter from Equita themselves.

Mentally I'm made of tough stuff but this right here is even freaking me out a little. Anyway I'm making sure that all windows are locked and that I don't answer the door to anyone. Yet to read up on what do but wonder what anyone thought of my actions so far?

sickasachip13

Well, Monsieur, I don't have any words of advice/expertise whatsoever but I didn't want to read and run. I think I would have done similar to you and, I too would would be a bit freaked out by the angry-bailiff and I'm hopeful that someone can come along and tell you how to stop the horrid little man.

SAAC

monsieur_epargnant

Ta SSAC. Probably little yeah lol.

Tixy

I think you have done as much as you could considering the stage this has got to. And obviously you need to keep him out the house, windows and doors locked etc. Do you have a vehicle? if not then there is no chance of him removing anything tomorrow and he will be wasting his time in visiting you.

Has he provided a breakdown of the balance owed? do you know how much he has charged for his costs so far (quite likely to be more than he legally can).

I would ignore everything from the bailiff and carry on paying as much as you can to the council.

hallowitch

After missing the court date today I had a bailiff removal notice through my door and later today I had a 3 day previously dated notification from Equita. So we're dealing with a very very keen bailiff if you get me.

have i reads this correct you should have gone to court today this being correct then the liability order would only have been granted today

monsieur_epargnant

Thanks Tixy. Nah no polluting car. Bailiff hadn't even provided amount I owed him nor method of payment. So only way I COULD pay within 24 hours was by WCC website as one stop shop been closed near me. And advice about paying WCC direct was how I was going to do it. I have no dealings with Equita and I owe WCC the money. I always cut out the middle man.

monsieur_epargnant

hallowitch my grammar being as poor as it is there really should have been a comma after the words 'court date'.. ie the court date was a week or so ago

hallowitch

find out from the council the date of the liability order

you must receive a letter from local authority telling you a liability order has granted 14 days before any bailiff visit (did you receive this)
http://www.legislation.gov.uk/uksi/1998/295/regulation/7/made

45A.—(1) No distress shall be made under these regulations unless, no less than 14 days before a visit in connection with the distress is first made to the premises where it is to be levied, the authority have sent to the debtor written notice of the matters specified in paragraph (2) below.
(2) The matters are—
(a)the fact that a liability order has been made against the debtor;
(b)the amount in respect of which the liability order was made and, where this is a different amount, the amount which remains outstanding;
(c)a warning that unless the amount specified has been paid before the expiry of 14 days beginning on the date of the sending of the notice, distress may be levied;
(d)notice that if distress is levied further costs will be incurred by the debtor;
(e)the fees prescribed in Schedule 5 to these Regulations;
(f)the address and telephone number at which the debtor can communicate with the authority.”



Most local authority that use Equita as there bailiff of choice use a company called Capita to administrate council tax Equita are part of the Capita group of company's

chanz4

Make a formal complaint to the council how they have acted with the letters etc, also raise to them and refer to the resent tv program on bbc.

monsieur_epargnant

Email to Equita as follow up to my calls today

"I have today made 2 payments: one of £XX and another of £XX which amounts to one third of the liability order. I paid on my council's website as the Bailiff Removal Notice provided 1) no details of the outstanding amount and 2) no means in which to clear any amount. I have notified Westminster City Council of card authorisation codes with which they have noted and will be informing you of this within the next 24 hours. I hope to be able to clear the full outstanding amount asap. I wish all parties (especially my appointed 'bailiff in charge', XXX XXX) to be made aware of my full intention of paying the outstanding amount and the fact that I am aware of my legal rights and as such will not provide him access to my property and subsequently sign a walking possession. No levy has been made on my goods and no documentation provided as proof.

RAS

Equita routinely charge fees to which they are not entitled.

You need to ring the Council tomorrow and ask for the value of the liability order.

Then come back here and also tell us how much the bailifff wants.