Equita bailiffs

Hi, wonder if people could help me. It is more in regards to my mum but this morning these Equita bailiffs turned up and asked for my mum. Upon stating she was in work they handed me a sealed envelope. I immediately rang my mum who asked me to open it to see that there was a notice of 24 hours for payment of over 900 pounds in council tax. My mum was very confused as she has kept up to date she thought but she had been paying it on also another property as her ex she had a civil partnership with up and left my mum with loads of debts including the council tax so we ended up moving and taking debts from there and have to obviously pay now for council tax in the rented property we are in now.

The letter also included a form where they had noted MY car down on which is mine not my mum's she doesn't even drive. Was really P****d off with this as it could have been anyone's car really a neighbour or someone who had parked there. They didn't come in as I wouldn't have let them anyway as I know they can't but now I'm worried they'll come back and take my car anyway even if I have proof.

Me and my younger brother are so upset and worked up. My mum is a single parent as we lost our dad just over 2 years ago so my mum doesn't get any support now as he passed.

Can anybody offer any advice or if they are lenient in accepting monthly payments etc? My mum cannot in any way afford it all hence why she was paying the council monthly as it was and we don't know if a property hasn't been kept up with or something but just seemed so out of the blue.

Any help or advice I would appreciate very much :)

Amber
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Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    May help some --> Bailiffs and Council Tax
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • amber2890
    amber2890 Posts: 36 Forumite
    Thanks, already printed off from the .gov website my rights and what go ask for if they do return such as ID etc. I know I'll be up early morning to check my car constantly and outside anyway!

    I'm more worried about the fact that even though I have a receipt, my insurance documents and registered keeper forms etc they will be just like we don't care we are taking the car (I have read over tonight bailffs doing this and it's really scared me) even though I know they can't and I have proof! Don't know whether to just wait and see and if they do ring the police as its technically theft anyway.

    My mum has also rang the number and stated she will pay the debt with what she can afford and has wrote a letter to the company to state this and complain about the fact they wrote items down without even checking ownership since it could have been anyone's so I can't see them returning but you never know I guess.

    Oh how I won't sleep tonight :(
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    amber2890 wrote: »
    Hi, wonder if people could help me. It is more in regards to my mum but this morning these Equita bailiffs turned up and asked for my mum. Upon stating she was in work they handed me a sealed envelope. I immediately rang my mum who asked me to open it to see that there was a notice of 24 hours for payment of over 900 pounds in council tax. My mum was very confused as she has kept up to date she thought but she had been paying it on also another property as her ex she had a civil partnership with up and left my mum with loads of debts including the council tax so we ended up moving and taking debts from there and have to obviously pay now for council tax in the rented property we are in now.

    The letter also included a form where they had noted MY car down on which is mine not my mum's she doesn't even drive. Was really P****d off with this as it could have been anyone's car really a neighbor or someone who had parked there. They didn't come in as I wouldn't have let them anyway as I know they can't but now I'm worried they'll come back and take my car anyway even if I have proof.

    Me and my younger brother are so upset and worked up. My mum is a single parent as we lost our dad just over 2 years ago so my mum doesn't get any support now as he passed.

    Can anybody offer any advice or if they are lenient in accepting monthly payments etc? My mum cannot in any way afford it all hence why she was paying the council monthly as it was and we don't know if a property hasn't been kept up with or something but just seemed so out of the blue.

    Any help or advice I would appreciate very much :)

    Amber

    Mum needs to get in touch with the council and ask

    1 - how many Liability Orders they have against you
    2 - the dates they were obtained
    3 - the addresses they were for
    4 - the period of time each covers
    5 - how much each one was for
    6 - how much is still outstanding
    7 - the dates they were passed on for enforcement



    She should be able to get this information over the phone so have a pen and paper ready

    I assume her previous property was rented
    did she inform the council when she moved out

    When a local authority applies for a liability order the order is granted for the full amount outstanding for the remainder of the financial in question

    which means if your mum moved out in June/July etc and the council were not informed the liability order could /will include the period after she moved out
    Any correspondence sent to Equita must also be sent to the revenues department of your council
    As for your car being levied on the notice of seizure your mum must e-mail [EMAIL="info@equita.co.uk"]info@equita.co.uk[/EMAIL] informing them that the vehicle levied against the debt does not belong to her (if you wish you can attach a photo copy of your V5) tell them to remove the levy and all associated fees from her account
    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 help
  • VitaK
    VitaK Posts: 651 Forumite
    I've been Money Tipped!
    Only to prevent any unwanted situation with regards to the car. Writte up an notice of ownership and stick it in the window of the car.
  • amber2890
    amber2890 Posts: 36 Forumite
    Thanks for your advice i did tell her to call the council and ask them but with her working 9-5 it can be difficult for her.

    Also I'll put together an email from her email address with her help later as shes not too clued up with technology.

    Her previous house was also not rented she basically put money down from our previous address we had and we ended up having the house repossessed in the end due to her partner leaving as he was meant to pay the mortgage and he canceled it without telling her when he left - she tried to negotiate lower payments etc to keep it but cost to much so had to cut out losses move out and rent a place instead so we was left to pay the council tax bill for that as well along with other bills her partner left us with - it hasn't been easy to say the least.

    If I was to make a state of ownership for my car window what would I write or put?

    Thanks for everyone's help again :)
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    do you really want to put a notice on your car for the neighbor's to see

    did mum send the letter to Equita recorded delivery

    there is nothing stopping you sending an e-mail to Equita and the council informing them that Vehicle REG no ABC 123 does not belong their debtor Mrs smith of (address) council tax ref 123 bailiff ref 456 it is the property of Miss Jones of (address) provide a copy of the Bill of sale and/or V5 ask them to conform in writing that your property named vehicle has now been removed from the levy
    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 help
  • Yeah true I live in a quiet area but still rather I didn't.

    Not sure what she sent it by actually maybe first class standard - I'll tell her any more letters send recorded for proof etc.

    I shall email later then probably first thing to do along with them receiving a letter. My mum has said she will be complaining about the whole levying a car without checking the DVLA beforehand as like I said could have been a neighbours car, friends, mum's boyfriends etc and they just went ahead and wrote it. Surely they have the ability to check since they are bailiffs :undecided
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    bailiff have right to assume Prima facie (at first sight)

    which means if a vehicle is parked on a debtors drive or directly outside there house they have the right to assume it belongs to the debtor until they are informed otherwise they can then do a DVLA check to confirm Registered keeper or the legal owner provides proof

    once ownership has been contested the/bailiff firm should act with caution (DVLA check if necessary) before any any further action is taken against levied Vehicle (clamp/removal)
    once it is confirmed the vehicle does not belong to the debtor all levy and associated fees should be removed

    I would be interested to know exactly what fees have been written on the notice of seizure is the bailiff certificated to Equita and what council it is to see if Capita administrate your council tax
    http://certificatedbailiffs.justice.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 help
  • I assume they probably have done a DVLA check upon my mum phoning and stating it was not her car it's mine and they can check plus she doesn't even have a licence and never has.

    I have read up about my council and they are associated with capita and equita.... Don't know if that is anything interesting then?
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    nope no DVLA check done till complaint is put in writing

    In the world of bailiffs/Firms nothing ever arrives unless its sent recorded delivery

    phone conversations never happened or the debtor never said this that or the next thing the council will always believe the bailiff/firm

    If you must speak to bailiff or Equita you should record the call if you can



    Capita administrate your council tax this means when you phone. e-mail you are dealing with an employee of Capita
    Equita are part of the Capita group of company's
    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 help
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