Equita bailiffs & council tax

GolfBravo

I'm trying to help my neighbour with a council tax/bailiff problem, and I need some advice please!

My neighbour is 59yo, self employed, very low income (£7K p.a.), renting privately, gets about 60% council tax reduction due to low income.

On 14/04/2013 she received a Bailiff Removal Notice in her letterbox from Equita, demanding £394 for overdue council tax. So she absolutely freaked out and came to see me.

This is the very first time that she was made aware of any outstanding tax from 2011/2012 and 2012/2013. No letters from the council. No letters re: court proceedings. Nothing. Apparently the court case was in February - she doesn't know anything about this.

So we rang the council the next day, to find out what is going on, only to find out that she was allegedly "overpaid" the council tax benefit for a few months due to her income going up for a few weeks. They advised her to send them a letter explaining the whole issue, which she did.

Another bailiff visit, and another Removal Notice last week.

Received an email from the council yesterday saying that they had a look at the outstanding amount, and that she needs to deal with Equita re: outstanding £318.

So we rang the bailiff this morning, only to find out that she owes them £561.66, and that he is coming to collect it within the next 24 hours. Now my neighbour is freaking out, there is no way she can afford to give them any money until next month (£100 max).

Where does she stand? I asked the bailiff about appealing this, and he just said to stop complaining and pay up. The council don't want anything to do with this.

What's the best course of action for her? There is absolutely no way she can came up with £561 by tomorrow.

RAS

STOP speaking to the bailiffs.

Equita bailiffs are owned by Capita. Since Equita are being used by your Council, Capita almost certainly provide the Council Tax collections service for your Council as well, so needless to say that will encourage her to pay up.

The baillifs have no right to enter your neighbours house at all. She must keep her doors and windows locked and not open the door to anyone she does not know.

Does she have a car?

Going to find a link to another thread that has the letters you need.

GolfBravo

RAS wrote: »

Does she have a car?

Yes.

RAS wrote: »

Going to find a link to another thread that has the letters you need.

Thank you.

RAS

Read this thread http://forums.moneysavingexpert.com/....php?t=4599563 and send both letters listed in post 18 by hallowitch.

Copy your letters to your local councillor stating that it appears that their bailiffs charged fees to which they are not entitled and asking that the current enforcement is stayed.

RAS

GolfBravo wrote: »

Yes (she has a car).

In which case you need to find out urgently whether the bailiff has levied on the car (the car would be listed on one or other of the letters the bailiff left at the address).

If he has not levied, she needs to remove it off the road somewhere it cannot be seen, as if he levies on it her situation is much more difficult.

hallowitch

tell her not park her near her home


she MUST send a letter /email to the revenues department addressed to the head of revenues

she wants copy's off all letters sent to her(including the date each was sent) regarding this overpayment and liability order tell her to make it clear she has had no communion from xxx council and was only made aware there was a overpayment and a liability order when she received the letter from Equita point out she can understand if some off their letters hadn't arrived but to receive no communication is pushing it
she also wants to know why a debt of £318.has went from£394 1st bailiffs letter and now stands at £561.66 when their has been only 1 bailiffs visit and no goods have been levied as legislation schedule 5 charges only allow £24.50 for a first visit fee

ask them to provide the date time and name of bailiff who has charged the fees and copy of the notice of seizure/distress because clearly the bailiff must have charged a levy fee and an attendance to remove for the fees to be so high (if she hasn't recived a notice of seizure listing her car )

write your e-mail out post it here and I will tweek it if need be

GolfBravo

hallowitch wrote: »

she MUST send a letter /email to the revenues department addressed to the head of revenues

Thank you so much.

The head of revenues at Capita (South Oxfordshire council), right? Not Equita?

There were only two visits so far, and on both occasions a standard/template letter was left, but there was no mention of any levies put on her car. So would that be £24.50 and £19 only? He's threatened her with popping in tomorrow to remove property BTW, so would that be more £££?

RAS

What property is he threatening to remove?

Unless he has listed property on a levy or Walking possession order, he cannot remove it.

What he may have done is got her car reg from someowhere (or even noted the car reg of a vehicle parked nearby) and not yet done a levy.

hallowitch

head of revenues at South Oxfordshire council

GolfBravo

RAS wrote: »

What property is he threatening to remove?

Unless he has listed property on a levy or Walking possession order, he cannot remove it.

What he may have done is got her car reg from someowhere (or even noted the car reg of a vehicle parked nearby) and not yet done a levy.

When she spoke to him this morning, he was just demanding £561.66 in cash by the end of today. My neighbour then got very upset, so I took over and asked him about all available options, including appeal.

In a summary, his words were:
- my neighbour didn't reply to their numerous letters (there were none, btw)
- it is now too late to do anything, she must pay the full amount today (she didn't know anything about alleged debt until the first bailiffs notice last month)
- if not they will pop in to collect it around noon tomorrow
- if no full payment tomorrow, they will seize property from the premises. He wasn't specific about anything in particular, just threatening (very unpleasant specimen btw).

Anyway, I will try to get a copy of the email reply from the council - it is quite vague, and basically says to not bother them anymore and deal with Equita instead. In the original email enquiry my neighbour actually asked about the details of the council benefit overpayment/debt, but they didn't bother explaining.

Thank you for all the replies, really appreciate it - will post here again tomorrow morning.

GolfBravo

Dear Mrs .....,

I understand that a response has already been issued to you from the
benefits department regarding the amount of council tax benefit awarded. (no correspondence received)

To confirm the position on your council tax account, your balances are as
follows:

2011/12 - £121.45 with bailiff
2012/13 - £196.71 with bailiff
2013/14 - £359.19 payable by instalments (no problem, this is 2013/2014 council tax bill)

Please be advised that you will need to liaise directly with Equita
regarding the arrears of £318.16.

If you require any further advice please do not hesitate to contact us.

Kind regards,

M..............l
Council Tax Officer
Capita LGS
0345 302 2313

So there. Talk to the hand.

Will have a letter to Southoxon head of revenue ready shortly.