Help with Equita Baliffs :(

csmw

Ok I know it was foolish of me to get into arrears with my Council Tax, but I really am trying to get on top of my debts.

On Tuesday this week I recieved a letter from Equita staing that they had been trying to contact me but I had not replied, this is a lie I have never recieved any letter from them previouly the letter was however dated the 3/4/12.

On wednesady this week whilst I was out a baliff attended my house, I was at work so they handed a letter to my landlord who was at the property doing some repairs. It said I have 24hr to pay and also has a notice of seizure inside listing my landlords car that was on my driveway at the time.

I rang the baliff who said the minimum he will accept is £64 per month apid direct to him ( total is £768.13). I also asked him about the seizure notice and he said they handed the letter to the guy doing repairs on my house and listed the car as it was on my drive but he was aware it was his...are they allowed to do this?

My question is can they list my landlord car as my property and remove it? also will they contact him regarding my debts? plus there is a £220.50 cost added on for baliffs costs do I have to pay this? as I read they were only allowed to charge around £25

I really need some advice as this is stressing me out, I am willing to make a payment plan but I dont want to pay charges that are unfair and for my landlord to know about my debts as they are embarressing enough as it is.

Any advice will be greatly appreciated.

RAS

Hi

fairly typical equita - front loading fees to which they are not entitled and levying on property that they know you do not own.

Did the levy include any property that you do own?

csmw

Thank for replying, been pulling my hair out here

Mo the only thing was the Var as it was on my drive, they didnt go in my house.

SIMON47

Hi,

I had a similar situation happen a few years back with my Council and had being paying monthly, missed two months and they wanted the entire amount.

Many Councils go straight to Court to register the debt and you should have been served the papers for this at least two weeks prior to the Court date.

Once the debt is registered you should have received a letter initially from the bailiff asking you to contact them to either settle the debt or to make a payment plan.

I rang the Council, spoke to the Council Tax department (not the general number) and said that I could not afford to meet a high repayment and suggested the amount I could pay.

It will help you to produce a Statement of Affairs so you can demonstrate what is affordable. However, this is classed as a priority debt so should be paid with the same priority as your rent or income tax.

From what I have learned, the Bailiffs like to clear these debts in 12 months or less, but with assistance from the Council Tax department, they will authorise the Bailiff who is effectively an Agent for the Council to extend this if you can demonstrate hardship.

You need to ask the Council if they are aware the Bailiff is adding on charges as these are extortionate. I am aware that if an agreement with a Bailiff is broken, then you may be liable for more costs. But, the costs you face are only as outlined on the Court paperwork for now and you need to quickly verify this with your Council. If the Bailiff has overstepped the mark, you need to point out to the Council that they are breaking the law under the 1997 Harassment Act and that you are within your rights to report them and the Council should the matter not be redressed very promptly.
In the same manner it is an offence under the Harassment Act for a Bailiff to disclose to another party your debt, to cause humiliation etc...it is also in total breach of the OFT guidelines and case law has in the past dealt harshly with this. The Bailiff can lose his licence if he breaks the rules and too many of them know that the general public do not know the law.

If this is the case, write to the Head of Finance for the Council and demand an urgent inquiry. This at the very least will suspend any action the Bailiff can take and give some breathing space to negotiate a fair amount that you can afford.

I do not like these firms bullying tactics and it is very common for them to claim they have called or sent letter's. Get them to prove it!

Good Luck!

RAS

csmw wrote: »

Thank for replying, been pulling my hair out here

Mo the only thing was the Var as it was on my drive, they didnt go in my house.

Good

That means that the levy is invalid.

At present you owe £24.50 fees and no more. Expect the the bailiff to do another visit to claim the £19 fee. Beyond that there is no mores/he can claim unless you let them in the house.

You have to make sure the windows and doors are locked at all times.

Will find another thread that covered very much the same issues except the car was on HP.

RAS

Ok

Read this thread. https://forums.moneysavingexpert.com/discussion/3825573

The e-mail contact for equita is [EMAIL="info@equita.com"]info@equita.com[/EMAIL]

Equita are owned by capita who probably run the back office for CT collection at your Council, so you will find them less than co-operative.

Can you make payments into the Council's account on-line?

csmw

Ok great thanks, so at least they cant touch my landlords car.

I can make payments online, but wont those go toward this years bill and not last years?

hallowitch

Your CT Bill account NO works like this



Account No: Never changes

Property Ref: Never changes

Reference No: Changes from year to year and it is this reference that identifies the Year/Account that any payments are allocated to.

So if you have a look on the notice of seizure left by the bailiff and you look at your new council tax bill you will see the ref NO are different(or they should be) us the ref no on the notice of seizure when paying this debt

Please inform the council revenues department and Equita (byemail)that there bailiff has levied on a car that does not belong to you tell them a DVLA check will confirm you do not own the car in question and ask them to remove the levy and any fees associated with levy from your account



If/When (and believe me they do try this) they write back and ask you to provide proof (log book insurance etc.) simply inform them asyou are not the registered keeper /owner of said car you do not have such information however if they are refusing to remove the fees associated with this levy you will send a FORMAL COMLAINT to the CEO of the local authority and will take it as far as the ombudsman if necessary

What figures has the bailiff put on the form 7 as in

Outstanding balance council tax £xxx (have you confirmed with council the amount of the liability order)

Visit fees £xxx

Levy fee £xxx

Any other made up fee £xxx

csmw

hallowitch wrote: »

Your CT Bill account NO works like this



Account No: Never changes

Property Ref: Never changes

Reference No: Changes from year to year and it is this reference that identifies the Year/Account that any payments are allocated to.

So if you have a look on the notice of seizure left by the bailiff and you look at your new council tax bill you will see the ref NO are different(or they should be) us the ref no on the notice of seizure when paying this debt

Please inform the council revenues department and Equita (byemail)that there bailiff has levied on a car that does not belong to you tell them a DVLA check will confirm you do not own the car in question and ask them to remove the levy and any fees associated with levy from your account



If/When (and believe me they do try this) they write back and ask you to provide proof (log book insurance etc.) simply inform them asyou are not the registered keeper /owner of said car you do not have such information however if they are refusing to remove the fees associated with this levy you will send a FORMAL COMLAINT to the CEO of the local authority and will take it as far as the ombudsman if necessary

What figures has the bailiff put on the form 7 as in

Outstanding balance council tax £xxx (have you confirmed with council the amount of the liability order)

Visit fees £xxx

Levy fee £xxx

Any other made up fee £xxx

Hi Thanks for your help,
I have sent equiat an email asking for the fees to be reduced and to remve the levy as it is not my car so far the fees are.

Amount owing £ 547.63
Baliff Costs £220.50

which on on the form 7 along with the car.

hallowitch

csmw wrote: »

Hi Thanks for your help,
I have sent equiat an email asking for the fees to be reduced and to remove the levy as it is not my car so far the fees are.

Amount owing £ 547.63
Bailiff Costs £220.50

which on on the form 7 along with the car.

your bailiff fees should have been broken down to explain what the fees are for
as in
1st visit fee £24.50

2nd visit fee £18
levy fee £42
total £84.50
at this stage of enforcement this is the most the bailiff can charge if there has been 2 visits prior to the levy visit and a valid levy under regulation 45(b) schedule 5 charges connected with distress of The council tax (administration and enforcement )regulations 1992 (amended 2006)
http://www.herefordshire.gov.uk/docs/Enforcement_Agent_Charges.pdf

Page 7 the national standards for enforcement agents January 2012
http://www.justice.gov.uk/downloads/courts/bailiffs-enforcement-officers/national-standards-enforcement-agents.pdf
Enforcement agents will on each and every occasion when a visit is made to a debtor's property which incurs a fee for the debtor, leave a notice detailing the fees charged to date, including the one for that visit, and the fees which will be incurred if further action becomes necessary. If a written request is made an itemised account of fees will be provided.


A formal complaint should be sent to the head of revenues and the CEO of your council

What local authority is this do they use Capita to administrate your council tax (if you don't want to put this on the main form send me a PM and i will see if i can find out id your council use Capita)

emzieowl

Hi guys im a newboe to this site but have been reading up for the last 10/11 months since the cretins at equita started bothering me. Im a single mum to an 8 year old and currently 27 weeks preganat, i work part time and have always struggled with my council tax payments as rent, electric food ect takes up most of my wages. I have had an AOE in place for council tax arrears which has been fine as they get there money. Then last year i had 2 liabilty orders come dated 2009/10 and 2010/11. Equita had them.. to cut a long story short they wouldnt accept any payment plan and in the end i went to the council who along with equita agreed to me paying £100 per month. i made 3 payments totalling £300 then missed a payment (my own fault iknow) thats when the bombarding started again, letters threats of commital, vans, locksmiths, removal of goods wether i was present or not ect ect.. (they have NEVER and will nEVER get in my home) i dont own a car either. Then last week a lovely lady (NOT) hand posted a letter saying i had 24 hours to pay the whole amount or she was coming back to takemy stuff. I rang her to say i would pay the £100 per month again but she flatly refused saying if i paid the smallest liability order off she would think about a payment plan fir the other amount, She said the smallest amount was £730.. WHAT... i'da already paid off £300 . She said they had added over £200 pound in baliff fee's. I said she couldnt do that and that she could only charge for 2 visits, she said i was wrong. Ok i then told her i would deal with the council and wait till they pass the debt back again she said i was worng and that they wont do that. I have now started paying the council online.. BALLS to the baliff she can swivel for her money.

I just want some advice as to if they can charge all those fee's and if they will eventaully return the debt back to the council.

Sorry to drag it out.
Thanks :-)