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help with bailiffs please

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Comments

  • RAS
    RAS Posts: 35,778 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    cozzierep wrote: »
    what if she made an internet payment to equita? that way it shows that she aint refusing to pay it??

    thanks

    AHH

    Got confused by dt3887 - who was refering to jacobs.

    E-mail [EMAIL="info@equita.com"]info@equita.com[/EMAIL].

    I know that by heart because they routinely add illegal fees to CT debts. One woman on here got back nearly £250 that she had paid in a panic.

    Are you aware that Equita is owned by Capita? And that Capita run Council Tax collection for a lot of Councils? So appealing to the "Council" run by Equita is pretty useless.

    Will find an e-mail to put a bit of a stop to this in the short-term.
    If you've have not made a mistake, you've made nothing
  • RAS
    RAS Posts: 35,778 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Read this thread

    hallowitch shows how to understand the account numbers so your friend can make an on-line payment if she wants.

    https://forums.moneysavingexpert.com/discussion/3903505
    If you've have not made a mistake, you've made nothing
  • cozzierep
    cozzierep Posts: 39 Forumite
    sgtbush wrote: »
    basically yes, can i ask are you and the debtor married or in a civil partnership or you have no connection like that?
    remember they can go in your back garden and levy things their too

    remember if you cannot prove the cars are yours by reg doc AND bill of sale, they will be levied, as long as their is no HP on them but its dodgy ground for the bailiff to levy if you have your reg doc, it depends on him/her
    anyways if they were levied, all you do is prove it to the courts, no biggie, and they will be removed from the levy

    im the father to the kids mate, split up a few years ago but keep my cars at her address cus got no where to keep them at my address, BUT they are registerd in my name but at her address,
  • RAS
    RAS Posts: 35,778 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    And

    Ok

    This is hallowitch's message for bailiff

    send this to your council and Equita by recorded delivery letter or e-mail to [EMAIL="info@equita.com"]info@equita.com[/EMAIL]

    make sure you include the Council in your message.


    Name
    Address
    Bailiff Ref: Account No: 123456
    Council Ref No: 435672
    Date
    Dear Sir,
    With reference to the above account please provide me with a breakdown of all fees charged and payments made for the above account
    This includes:
    a - the time & date of any Bailiff action that incurred a Fee.
    b - The reason for the fee.
    c - The name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
    d - The name(s) of the Court(s) the Bailiff(s) was/were certificated at.
    e - The date of the Certification.
    This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10.
    The National Standards for Enforcement Agents state that if a written request is made an itemised account of fees will be provided.
    Please provide the information requested within 14 days of this E-mail /recorded delivery letter
    Yours faithfully
    Ripped off customer"




    I would add to the message:

    Please note that your bailiff tried to levy on a car that is owned by cozzierep and I have already informed you that this levy is invalid.
    If you've have not made a mistake, you've made nothing
  • cozzierep
    cozzierep Posts: 39 Forumite
    RAS wrote: »
    And

    Ok

    This is hallowitch's message for bailiff

    send this to your council and Equita by recorded delivery letter or e-mail to [EMAIL="info@equita.com"]info@equita.com[/EMAIL]

    make sure you include the Council in your message.


    Name
    Address
    Bailiff Ref: Account No: 123456
    Council Ref No: 435672
    Date
    Dear Sir,
    With reference to the above account please provide me with a breakdown of all fees charged and payments made for the above account
    This includes:
    a - the time & date of any Bailiff action that incurred a Fee.
    b - The reason for the fee.
    c - The name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
    d - The name(s) of the Court(s) the Bailiff(s) was/were certificated at.
    e - The date of the Certification.
    This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10.
    The National Standards for Enforcement Agents state that if a written request is made an itemised account of fees will be provided.
    Please provide the information requested within 14 days of this E-mail /recorded delivery letter
    Yours faithfully
    Ripped off customer"




    I would add to the message:

    Please note that your bailiff tried to levy on a car that is owned by cozzierep and I have already informed you that this levy is invalid.

    cheers mate, will get her to e-mail that over to them a.s.a.p, :)
  • cozzierep
    cozzierep Posts: 39 Forumite
    if she e-mails that over to them^^^^^ and the bailiff comes to the door in the mean while what shall we say?? does she say she has emailed the head office and dont expect any action to be taken untill she has had the reply?

    thanks
  • RAS
    RAS Posts: 35,778 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    cozzierep wrote: »
    if she e-mails that over to them^^^^^ and the bailiff comes to the door in the mean while what shall we say?? does she say she has emailed the head office and dont expect any action to be taken untill she has had the reply?

    thanks

    Absolutely the right tack.

    You are "clarifying the charges, particularly in view of the invalid levy".

    They take about 14 days to respond based on other threads.

    That gives her time to find that local councillor and try and get the CT debt reassessed.
    If you've have not made a mistake, you've made nothing
  • cozzierep
    cozzierep Posts: 39 Forumite
    RAS wrote: »
    Absolutely the right tack.

    You are "clarifying the charges, particularly in view of the invalid levy".

    They take about 14 days to respond based on other threads.

    That gives her time to find that local councillor and try and get the CT debt reassessed.

    thanks a lot for your help mate, :) she is about to phone her accountant who done her tax return for her to get a copy of it and then will get in touch with the local counciller and try sort it thru him, but if the bailiff comes in the mean while will she get charged another £100 cus thats what he told her on the phone, every time he goes to the house she will be charged £100 or is that just another bully boy tactic??
  • sgtbush
    sgtbush Posts: 178 Forumite
    CIS wrote: »
    A couple of points - the Liability Order has already been granted, the summons would be for a committal hearing.

    The council don't have to go for committal, they can try another bailiff, bankruptcy, issue a charging order or go for an attachment of benefit/earnings.


    1st point- yes you are correct-- i edited and removed this portion of my reply when i re-read it, its been a long day at work
  • RAS
    RAS Posts: 35,778 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 15 May 2012 at 6:32PM
    cozzierep wrote: »
    thanks a lot for your help mate, :) she is about to phone her accountant who done her tax return for her to get a copy of it and then will get in touch with the local counciller and try sort it thru him, but if the bailiff comes in the mean while will she get charged another £100 cus thats what he told her on the phone, every time he goes to the house she will be charged £100 or is that just another bully boy tactic??

    That is a complete lie. !!!!!!.

    On the first visit, they can charge for a levy or charge for a visit. The visit fee is higher at £24.50.

    She already owes that.

    For the second visit he can charge £19.50 if he does not levy.

    Those are the only fees he can charge legally unless he gets in the house or levies on car etc.

    What often happens is that on the first visit they add (pre-load according to the national Debtline representative on here) lots of fees.

    First vist fee - £24.50
    Second Visit fee £19.50 -can only be charged for a second visit if no levy is made
    Levy - cannot remember value but under £20 (should only be charged if the levy is done and cannot be charged on the same date as a visit fee)
    Attendence fee - routinely £100-120 - completely illegal
    Van fee - £100-250 - can only be charged if a valid levy is made and if they are collecting goods.

    So you can see why people get debts reduced by £250 when they query fees.

    You can also challenge a levy if the value of the goods is insufficient to pay the debt and they cannot take essential furniture or tools of the trade or kids toys' or pets. We have seen beds, knackered sofas and TVs found on freecycle included in levies purely so extra fees can be charged rather than sendin g the debt back tio the Council.
    If you've have not made a mistake, you've made nothing
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