Equita Bailiffs - Physically sick with worry!!

jsr85

As suggested I am having dealings with equita bailiffs. I have found myself in a situation where i owe almost £1800 in council tax. I'd rather not discuss why, rather naive mistake and a relationship no longer around. I had a payment plan with the council, but after the end of my marriage i was unable to pay, and struggling as a single parent i neglected to act on it. I received a letter a couple of weeks ago to say i had defaulted on the agreement, but my financial situation is so dire i was unable to do anything. Unfortunately due to my ex i have had dealings with bailiffs before, but now i am on my own i am making myself ill with worry.

I received a letter yesterday from the bailiffs telling me i owed almost £1800 and to reply with payment. I am a single mum with a 5 year old and currently in full time education. I have help with my rent and dont pay council tax due to being a student. My finances are none existent, and i am struggling to meet our weekly living expenses, so much so that i have applied for extra assistance from my university. I know from previous experience that the bailiff will not agree a payment plan on what i can afford to pay. I knew about the debt but i dont recall receiving a letter to say it was being passed to bailiffs. I contacted the council tax office but was told now it is passed to the bailiffs they cant do anything. I'm too scared to even phone the bailiffs, in my experience they are nasty pieces of work and to put it bluntly i am terrified.

Any advice?

RAS

Hi

Do you have any arrangement with the bailiffs at the moment, for which you have allowed them into your house?

If not, please make sure they do not get into the house and sooner or later the bailiff will return the debt to the Council. keep windows and doors locked at all times.

You need to be aware however that at least one bailiff company is owned by one of the largest companies that are used to collect CT for Councils, so the CT company like you to pay the bailiffs.

Did the letter come in a franked envelope or was it put throught the door?

Does it tell you which time period you owe CT for? What is that period?

Does it list the bailiff's fees? Do you have a car?

jsr85

I havent contacted the bailiffs at all yet, my first port of call was the council tax office, not that it helped!

The letter arrived with the post, saying that a liability order has been granted by the magistrates and they require the sum of £1777.49 by return of post. It goes on to say if i dont discharge the debt a bailiff will call without further notice. It is 'signed' the bailiff manager, although not personally.

It has no reference to any fees, and yes i have a car that i park on my driveway, that doesnt have gates.

It doesnt mention when the period is from, but i am aware i owe a considerable amount in overpaid council tax benefits, i dont believe it is for actual council tax arrears.

I have no intention of opening the doors/windows etc but i dont want to be stuck in my house whilst they sit outside. On one occasion shortly after my husband left me i had a bailiff visit, sit outside my house for 6 hours before i finally answered the door and in this time he had clamped my car that was parked on my drive.

RAS

Did the letter have a stamp/frank mark on it?

Please get that car removed from your drive and off the road somewhere it cannot be seen, now, tonight.

As long as the bailifff cannot clamp the car, you are OK. If he finds it and puts a levy on it, you are stuffed.

jsr85

The envelope just says TNT Post and has a postage paid sign??

Other than moving my car what else should i do?

RAS

OK - please keep that envelope and letter together. That could save you one lot of visit fees.

Ring the Council tomorrow and ask how much the liability order is for. It could well be a lot less than the amount on the letter.

Herbie21 who runs and advice centre re bailiff issues recommends that you "sell" your car to someone you trust explicitly, as the bailiff can only take your own goods. You are in no position to pay the debt quickly so you need to get the car safe.

hallowitch is around tonight and is better able to help but I suspect that you need to get the Council to deduct a small amount from your benefits to cover the debt.

Do you still live in the same Council area?

jsr85

No, i have moved to a different council. I only get housing benefits as i have student loans etc.

I dont have anyone i can 'sell' the car too.

Are the bailiffs not obliged to arrange a payment plan?

I have contacted the council and they have told me i owe 2 outstanding amounts for the property, one for under £500 and one for just short of £2600. The bailiff is asking for £1777.49 which according to the council is with regards to the ref number for the £2600!

After speaking to the council tax office they told me an updated amount was passed to the bailiff on the 29/11/2011, and the letter i received was dated 02/12/2011. They told me to contact cab about trying to get the debt returned to the council but in the meantime i'm ridiculously worried!

stephent82

What I think you need to remember is that you will have to pay the debt. it isn't optional. I know that sound silly but many people try to dodge their debts and not face them. Is there anyway you can pay off the debt? How much is your car worth? If it is worth £2k+ sell it an buy an older (cheaper) car. That way you will pay of your debt. If you are really stuck contact CAB who will put you in touch with charities such as Debt Advisory who will be able to offer more apt advice.

adi_clarke85

It is worth pointing out also that some councils are now passing liability orders to bailiff companies as soon as the hearing has finished. The bailiff company will write out to you to request work details and will set up attachment of earnings orders/make reasonable arrangements in the same way the council would. This won't incur fees unless the liability order wasn't responded to/arrangements not kept up to date.

It sounds like this could have been the case here if you haven't previously heard about the liability order, but you should have been sent the summons as normal.

jsr85

I spoke to the council and they said they couldnt find my new address and thats why i havent heard anything up until the bailiffs sent a letter. I'm registered on the electoral roll, and am the sole occupier of my address, been here a year now, find it hard to believe they couldnt find me!

adi_clarke85

It would depend on there methods of searching. Electoral roll isn't necessarily a match - especially if youve moved to a different area, credit searching is better, it all depends on how thorough their staff are. I work in council tax and know that some colleagues wouldn't do some of the checks that I've done on the same cases.