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Equita bailiffs

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  • OK so now i am really confused. This morning we have received a letter off the council tax stating that a liability order was granted on Thursday 16th August 2012 - This is the DAY after the bailiffs were at my house! So this means they shouldn't have even of been there in the first place and something has gone wrong on the councils side or something anyway! If your given 14 days to fill out the attached form etc that should mean that the bailiffs are only contacted after the 14 day period I would have thought? But even so my mum had said to me she hadn't received any notice upon this happening and i must say at first i was hesitant to believe her as why would bailiffs just show up at your house but upon opening this this morning i would say she has been right and we are absolutely fuming now! She is going to fill out the form for the council and everything as i said i would make sure she did.

    The idiots can't even get things right! And it's the same account number that's on the bailiffs sheets etc so yeah seems to be the same thing they was after on Wednesday 15th August! I am really confused here it seems like they have got something wrong somewhere am i right in thinking this?
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    amber2890 wrote: »
    OK so now i am really confused. This morning we have received a letter off the council tax stating that a liability order was granted on Thursday 16th August 2012 - This is the DAY after the bailiffs were at my house! So this means they shouldn't have even of been there in the first place and something has gone wrong on the councils side or something anyway! If your given 14 days to fill out the attached form etc that should mean that the bailiffs are only contacted after the 14 day period I would have thought? But even so my mum had said to me she hadn't received any notice upon this happening and i must say at first i was hesitant to believe her as why would bailiffs just show up at your house but upon opening this this morning i would say she has been right and we are absolutely fuming now! She is going to fill out the form for the council and everything as i said i would make sure she did.

    The idiots can't even get things right! And it's the same account number that's on the bailiffs sheets etc so yeah seems to be the same thing they was after on Wednesday 15th August! I am really confused here it seems like they have got something wrong somewhere am i right in thinking this?

    Give me 10 min i need to go on a hunt for the regulation i need for this
    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
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 20 August 2012 at 11:18AM
    1 - how many Liability Orders they have against you
    2 - the dates they were obtained (Thursday the 16th august 2012 ) I wonder if this is a typo mistake and should be August 20011
    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



    have they answered the rest of the questions you ask them
    when did you move out of your previous address
    when was it sold

    if the liability order was granted on the 16th they cant levy against this debt on the 15th (putting aside the fact that you should have received a 14 day letter before bailiff enforcement commenced) as there was no liability order

    Do you know if Capita administrate your council tax ?
    Equita bailiffs are part of the Capita group of company's


    The Council Tax (Administration and Enforcement) (Amendment) Regulations 1998
    http://www.legislation.gov.uk/uksi/1998/295/regulation/7/made
    Information preliminary to distress


    7.—(1) In regulation 45(1) (distress)(1), for the words from “the authority€ to “may” there is substituted “the authority which applied for the order may, subject to regulation 45A,”.

    (2) After regulation 45 there is inserted—

    “Information preliminary to distress


    45A.—(1) No distress shall be made under these regulations unless, no less than 14 days before a visit in connection with the distress is first made to the premises where it is to be levied, the authority have sent to the debtor written notice of the matters specified in paragraph (2) below.

    (2) The matters are—

    (a)the fact that a liability order has been made against the debtor;

    (b)the amount in respect of which the liability order was made and, where this is a different amount, the amount which remains outstanding;

    (c)a warning that unless the amount specified has been paid before the expiry of 14 days beginning on the date of the sending of the notice, distress may be levied;

    (d)notice that if distress is levied further costs will be incurred by the debtor;

    (e)the fees prescribed in Schedule 5 to these Regulations;

    (f)the address and telephone number at which the debtor can communicate with the authority
    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
  • amber2890
    amber2890 Posts: 36 Forumite
    edited 22 June 2013 at 12:07PM
    Hello all! It's been a while since I posted on this one but needed a bit more advice!

    So we started paying these Equita bailiffs off £50 a month (even after they sent us a letter saying they would accept £0 a month :rotfl: kept it for a laugh) but then my mum ran into money troubles again with having the council tax to pay on a previous house and our current one plus the overdue etc etc. So we stopped paying and to be honest we haven't even heard anything from these guys. Think we had a letter about 4 weeks maybe longer ago saying they was coming in 24 hours... didn't happen and starting to think these are empty threats.

    Anyway my mum fortunately has come into some money due to PPI reclaims and can pay off the balance full :T. So we was wondering do we just pay online the previous years debt and write a letter to the council to say we have paid this debt so can you please inform the bailiffs or do we ask the council to take back the debt telling them we can pay it in full if they do to themselves. I thought either way it is paid but then when i told a friend my mum was going to just pay it online and then inform them they said it may cause troubles in that they could ask for two payments or something but didn't really understand them as if it's paid it's paid and cannot see them turning their nose up at unpaid council tax haha.

    Any help or suggestions would be appreciated but we are also worried they may not even take back the debt and tell us to deal with equita! But they have been shocking in even trying to get the council back it's money!

    Thanks all :)
  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    amber2890 wrote: »
    Any help or suggestions would be appreciated but we are also worried they may not even take back the debt and tell us to deal with equita! But they have been shocking in even trying to get the council back it's money!
    I think in your position, I would be paying off the current year on the current property in full. The reason its that (as long as there is no liability order yet), they cannot get a liability order for this year and hence no work for the bailiffs.

    Any money left over, no big deal as to paying the bailiff or the council - the bailiffs are owed a fee £42.50 max. And if there is not enough money left over, then pay what you would have paid for this year towards the old debts.
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
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