Dreaded council tax arrears and Equita Bailiffs - Help!!

hallowitch

supercygolf wrote: »

I have just received a Notification of Liability order From my council. In December I was late with my council tax payment. Genuine mistake. I contacted the council and paid it immediately. In my January payment I was 2 weeks late but still paid it then recieved a Notification of Liability order and request for information letter from the council. Aparently they took me to magistrates court for being late. No reminder, no letter no telephone call just straight to Magistrates court. However having paid I now have a Notification of Liability Order and Request for Information letter. They use threatening words like prison, bankruptcy & Bailiffs as they request costs of £81.00. They will get paid but do I need to provide them with my financial information?

In the 30 years I have been a council tax payer in Coventry you can count the amount of times I have been late with a payment on one hand. I think it is disgraceful bully boy tactics.

yes legally you must provide them with your financial information (don't quote me on this but im almost certain the council can take you to court if you don't supply the information and this will cost you I think its about £300 )




The Council Tax (Administration and Enforcement) Regulations 1992
Duties of debtors subject to liability order

36. (1) Where a liability order has been made, the debtor against whom it was made shall, during such time as the amount in respect of which the order was made remains wholly or partly unpaid, be under a duty to supply relevant information to the billing authority on whose application it was made.
(2) For the purposes of paragraph (1), relevant information is such information as fulfils the following conditions—
(a)it is in the debtor’s possession or control;
(b)the billing authority requests him by notice given in writing to supply it; and
(c)it falls within paragraph (3).
(3) Information falls within this paragraph if it is specifed in the notice mentioned in paragraph (2)(b) and it falls within one or more of the following descriptions—
(a)information as to the name and address of an employer of the debtor;
(b)information as to earnings or expected earnings of the debtor;
(c)information as to deductions and expected deductions from such earnings in respect of the matters referred to in paragraphs (a) to (c) of the definition of “net earnings” in regulation 32 or attachment of earnings orders made under this Part, the Attachment of Earnings Act 1971(1) or the Child Support Act 1991(2);
(d)information as to the debtor’s work or identity number in an employment, or such other information as will enable an employer of the debtor to identify him;
(e)information as to sources of income of the debtor other than an employer of his;
(f)information as to whether another person is jointly and severally liable with the debtor for the whole or any part of the amount in respect of which the order was made.
(4) Information is to be supplied within 14 days of the day on which the request is made.
http://www.legislation.gov.uk/uksi/1992/613/contents/made

hallowitch

Mowgleigh
send this to the revenues department


Dear Sir,

A bailiff from Equita has attended my home regarding council tax arrears owed to Lambeth council for the address (put previous address here)

This Bailiff did not include any local authority reference numbers or financial information regarding outstanding balance or fees charged
I therefore require the following account information for my own records

1 - how many Liability Orders do you hold against me
2- the council reference number(s)
3- the liability order reference number(s)
4 - the dates they were obtained
5 - the addresses they were for
6 - the period of time each covers
7 - how much each one was for
8- Have there been any adjustment's made to any of the liability orders
9- Reason for adjustment if any to include the liability order ref no the adjustment relates to
10 - the dates the liability order(s) were passed on for enforcement
11- the date the adjustment was passed on for enforcement if any
12 - the dates & amounts of any payments received from Equita
13- fees charged by Equita to include the date of each fee charged the reason for each fee charged
14- If a levy fee has been charge a copy of the notice of seizure
I will at this stage accept a list of all goods levied

As this is financial information and therefore urgently needed to put my finances in order with a view to repaying this debt that is agreeable to both parties an early reply would be appreciated however I would expect to receive this information within 7 days of this e-mail
your Mrs xxxxx




do not speak to the bailiff over the phone unless you can record the call bailiffs LIE if you need to speak to him text have a look and see if he certificated to Equita

http://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/

if you keep the bailiff out and your car away from your house you will be ok

The council should be able to give this information over the phone to give you a starting point until you get it in writing

Most if not all local authority's don't administrate there own council tax they use an outsourcing firm as there back office provider this means the person you are speaking to over the phone is not directly employed by the council they are employed by the firm they outraced the work to Im 99% sure Lambeth use Capita

Equita bailiffs are part of the capita group so if who ever you speak to tries to fob you off with speak to the bailiffs ask them there name (you should really ask who you are speaking to when they answer the phone) ask them to confirm they are refusing to provide you with financial information thank them then inform them you are about to e-mail the ceo and your mp that she/he refused to provide you with this info

Chief Executive

Mr Derrick Anderson, CBE[EMAIL="danderson@lambeth.gov.uk"]danderson@lambeth.gov.uk[/EMAIL]Tel: 020 7926 2941

please check spelling (new glasses and I cant see a thing shouldn't have went to Specsavers)