URGENT HELP NEEDED PLEASE - Equita Debt Collection

PoorPennilessMe

Hi.

I fell into Council Tax arrears quite seriously some time ago (ashamed to admit I buried my head at the time), until May this year when equita came knocking at my door. Their appalling behaviour not withstanding (refusing to show me ID even!) I ended up paying over £500 (loaned to me by my girlfriend), with an arrangement to pay £50 for the remaining approx. £800.

I made my payment in June, no problem. Then at the beginning of July, my appendix burst, and due to complications and multiple hospital stays, I was unable to work for quite some time. As I self employed, this naturally meant zero income. Since being back to work, I have been paying debts to simply keep my business from sinking, even to the point I am not feeding myself properly. I did ring Equita to explain the situation, and paid £20 as a show of good faith.

Today I have received a letter stating:

REMOVAL NOTICE

Despite our previous applications for payment you have failed to pay the outstanding Council Tax due to Swindon Borough Council.

Therefore, we have arranged for our bailiffs and their removal teams to call at your home this coming week when they may remove your goods to the local Auction House. These goods will be held for a period of five working days prior to being sold.

We would prefer that you were in attendance if your goods are removed and should another day be more suitable we urge you to contact our office immediately.

We trust the content of this notice will be given your utmost attention.

Yours sincerely
(Signed) Bailiff Manager
Bailiff Manager
Equita Limited

Now this is at my new address where I have moved in with my girlfriend. Other than my clothes and a few books, I have no possessions - they are all hers!

Firstly, what can I do to avoid them taking her goods (she is a nightmare for not keeping receipts, etc) - especially as on their first visit, they wrote down the details of her car on their form for removal (she was visiting me at the time and her car was parked on my drive), despite her car having a substantially higher value than the debt (6 month old car)?

Secondly, how do I persuade these heavy handed thuggish people to show a little patience and understanding for my situation?

Thank you all for reading this epic post, and for any help/advice that you may have!

PoorPennilessMe

Worth noting that the total debt sits somewhere between £700 & £800, and as per the arrangement, I am £130 in arrears. I have no money at all I can pay them today, but may be able to pay them £10 in 3 days time.

PoorPennilessMe

Anyone able to advise please?

rizla_king

Ask here http://www.legalbeagles.info/forums/forumdisplay.php?76-Bailiff-Issues

[Deleted User]

I would recommend your girlfriend makes a statutory Declaration, detailing the items which are/are not hers, ASAP.

The car shouldn't be too difficult to establish as hers, by showing the V5C which, I assume, shows she became the Registered Keeper some time ago?

Have they made "peaceable entry" to your home, on a previous visit?

pauletruth

yes have they been into your house. if not its all hot air don't let them in. if they have then thats a big problem. why are you not on benefits while you recover. it maybe worth trying to speak to your council but odds are they will just refuse to help you.

[Deleted User]

Have they got a Liability Order?

Have you seen it?

PoorPennilessMe

Bedsit_Bob wrote: »

I would recommend your girlfriend makes a statutory Declaration, detailing the items which are/are not hers, ASAP.

The car shouldn't be too difficult to establish as hers, by showing the V5C which, I assume, shows she became the Registered Keeper some time ago?

Thanks for that! Maybe being a bit thick, but what is a 'statutory declaration' and how does she make one?

PoorPennilessMe

pauletruth wrote: »

yes have they been into your house. if not its all hot air don't let them in. if they have then thats a big problem. why are you not on benefits while you recover. it maybe worth trying to speak to your council but odds are they will just refuse to help you.

No they haven't been in the house. They haven't visited my girlfriends place yet, and at my previous address we spoke on the doorstep.

I'm not on benefits as recovered now (when I was ill I was too ill to even think about such things!) and besides, my GF is a high earner, and wouldn't they now take her income into account?

I did speak with the council about Equita and the situation originally (prior to the first visit) as the letters I got then were pretty nasty, but they just shrugged and didn't want to know.

PoorPennilessMe

Bedsit_Bob wrote: »

Have they got a Liability Order?

Have you seen it?

I have no idea if they have or haven't! Could that be the document they put down the GF's car details on?

I certainly haven't signed anything...

[Deleted User]

A Statutory Declaration is a sworn (or affirmed) statement, made in front of an authorised person (eg. a Solicitor), attesting that the facts, stated in the declaration, are true.

They are used to attest to the ownership (or not) of property, that you didn't received something (such as a summons), etc.

A word of warning. DO NOT LIE IN A SD.

To do so is a serious matter.

To make one, type up the declaration (there are samples online, that can be modified to suit your situation), print it out, then make an appointment to see a solicitor (but not one who is currently acting for you), go along to their office, and swear/affirm the declaration in front of him/her.

It should cost around a tenner.