Equita bailiffs & council tax

fatbelly

Stop talking to this idiot bailiff (is there any other kind?) and send off those letters as hallowitch has said

I think I'd also involve her local councillor - you can send a copy of the council letter via

https://www.writetothem.com

Less likely to fob you off if they have a councillor on the case as well - they should be aware of the recent LGO report on bailiffs.

RAS

GB

The reason she needs to stop talking to the bailiff is that on the phone he can make all sorts of threats about action that he cannot legally take and when challenged insist that he never said it.

So she is to stop answering when he rings. If he uses a different number she is to tell him that she is recording the call and is not making any further arrangment until Equita answer her letters.

We know from debt collectors letters that they list dire consequences that may happen but are extremely unlikely and often one consequence excludes them taking any of the other actions. But people just hear the list of threats and freak out.

They also cite refusal to respond to letters but usually they are referring to all letters sent by the original owner of the debt. You may find that this lady has not received one notification of a change in benefit entitlement from the Council/Capita that has lead her to accrue the debt.

It is not unusual for bailiff to try to claim hundreds of pounds of fees to which they are not entitled. Based on previous cases involving Equita bailiffs, they will have charged a visit fee for both the 11/12 and 12/13 debts on both occasions, which is not permitted. And then added other fees.

At some point your neighbour needs advice as to whether she can or should appeal the actual calculations. But she needs to see the letters that she was supposed to have received.

GolfBravo

Thank you so much for all your help.

My neighbour is on the verge of a nervous breakdown because of the bailiff's threats - she is really upset by all this. She's expecting another visit tomorrow (Friday) anytime after 7am, and is so scared that she's just sitting there at home not answering any phone calls, doors locked, windows shut, car parked elsewhere.

Anyway, after speaking to the rude and arrogant bailiff I'm now quite determined to help her out with this. Below is the first draft of a letter to the head of revenue at South Oxfordshire County council - any further advice/suggestions? This will be posted recorded delivery on Saturday morning.

Dear Sir

With reference to the above account, can you please provide me with a breakdown of the schedule 5 charges.
It would appear your contractor (Equita) is trying to charge me £243 in bailiff fees - please note at no time has a bailiff entered my property to levy goods and I have not received a Form 7 (Notice of Seizure) at any time during the enforcement of the above debt. According to your Council Tax contractor Capita, the outstanding Council Tax balance is £318.16, and according to Equita (Capita subsidiary) bailiff the outstanding balance was (April 2013) £396, and as of today the outstanding balance is £561.16.

Information required :
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.
f- if a levy fee has been charged on the above account please provide me with a copy of the Notice of Seizure.
This is not a subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information. I require this information within 14 days.

Furthermore, can you please provide me with copies of all letters allegedly posted to my address re: outstanding Council Tax balance by both Capita and Equita. As already mentioned in my prior correspondence to Capita, I was not aware of any outstanding Council Tax, nor of any court action, until I received the Bailiff Removal Notice on 14/04/2013. According to Capita and Equita numerous letters were sent to my address.


Yours faithfully