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Equita Bailiffs - Physically sick with worry!!
Comments
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The council told me to try to get in touch with the cab to try and get the debt passed back to them, in the meantime is it worth writing to the bailiff with my incoming and outgoings and an offer of payment? I wont be able to make any payment until January though.0
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Is the debt for a time you were separated or when you were living with your partner? - If you were single did you claim the discount for that period, if living together it s joint debt and they should be chasing your ex too....0
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write/e-mail the council revenues dept copy in Equita
Inform them of you are a single parent student include your incoming and outgoings offer to pay £xx per week month payments to leave your account on xxx day of the month by standing order only first payment to be made January xxx
don't offer what you cant afford offer less you can always go up
be very careful with your payment agreement date there is a wold of difference between payments to be made on /by (if payment have to reach the council /Equita by the 10th of each month you would make your payment on the 1st
you do not have to let the bailiff into your home regardless of what he may say
he cant get a locksmith,police, remove goods (in your home) even in your absence , send you for committal to prison .
Regarding your car if it has previously been clamped i suspect that they may have a notice of seizure already (have you ever received a document listing your car)
you will loose your car if you don't keep it well hidden away from the house this they can remove even in your absence
Is your car on HP/ finance ?
whats the approx value of your car?
get in touch with your council and find out the financial year and period of that year the debt relates to
when a local authority takes a debtor to court for non payment of council tax the liability order is granted for the remainder of the financial tax year (if you left your hubby in October you would only be liable up until the day you moved out )
stick to your guns regarding payment they cant get blood out a stone (don't offer a 1 of payment of £xxxx then payments of £xx per month they will think if you can do it once you can do it all the time )
If they keep refusing send a formal complaint to the CEO of the council concerned
I am NOT sure about this but if you were a student when the debt occurred you may not be liable for it this may be worth looking into
there is a poster on here CIS who may be able to answer this she works in council tax recovery i believe
be aware that the local authority back office staff may be employed by Capita group of company's Equita are part of Capita
It is always advisable to record all calls made to the Bailiff,Equita, and the council
Do not answer the door to a bailiff keep your doors locked and windows closed
If you must speak to him/her do it through the letterbox or go outside locking the door behind you ask to see there certificate and letter of authorisation to collect the debt
Distress 45.
(5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested
http://www.legislation.gov.uk/uksi/1992/613/contents/made
Any bailiff attending your home must be certificated to Equita this list is not always 100% accurate you can phone Ministry of Justice Public Register of bailiffs on 020 3334 6355
www.hmcourts-service.gov.uk/CertificatedBailiffs/I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites
If you are in any doubt please seek legal/expert advice help0 -
Is the debt for a time you were separated or when you were living with your partner? - If you were single did you claim the discount for that period, if living together it s joint debt and they should be chasing your ex too....
Check again with the Council on the billing details to be sure about the dates you are being charged for. If there is a period of joint liability - when you were still with your ex - can you give the Council his address or employer details so they can pursue him for the debt or take out an attachment of earnings on him instead? You are not jointly liable for charge after the split so is the charge still in both names after this period? If so, you should ask to be re-billed as the sole liable person instead. The two periods should be charged separately because your situation had changed and so liability for the charge changed.
Have you been given single discount for any period before you became a full time student? Does your student exemption run from the right start date?
These things will help check that you are not paying more than you absolutely have to but it is important that you also follow the other good advice given above.0 -
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! (Quote)
Not many councils say this so I would do as they advise. I (as a CAB advisor) have been successful in getting council tax debt returned to the council so it would seem that your council will accept a recommendation from CAB.0
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