Help! Equita council tax debt!

HappyMJ

krisdorey wrote: »

Whilst I agree with the rest of your advice, could it to be argued that putting the debt onto a credit card would turn it from a priority debt into a non-priority debt?

Of course the fees being charged in the future by equita will have to be weighed up against the APR of the credit card (although if the OP has a bad credit file then the credit card is likely to be a a such (aqua etc) and has a high APR).

Still its worth crunching the numbers.

Putting something onto a credit card with no way of paying it back isn't in my opinion a very good idea.

Bailiff fees only go so far once you've got the first lot of compliance fees out of the way there isn't much else that can be added. The enforcement fees can only be added if the bailiff gets in the house and levies something which is why bailiffs won't agree to repayments unless they can get in and do that. Then the sale fees can only be added once the bailiff has taken the goods and sold them.

Bailiff's can't just keep adding on fees forever. They can only charge so much which is usually why they only visit twice before giving up.

A credit card not being paid on time will charge interest, late payment fees and eventually lead to a default and maybe a CCJ. That CCJ could lead to a charge being added onto your house and eventually a sale could be forced. A bailiff can't do that they can only take movable things.

IF you have good credit and available income to make the repayments every month you're right it's certainly worth crunching the numbers but why wasn't the council tax paid in the first place. Non payment of council tax is usually due to not being able to afford it.

LolStevo

So the £235 enforcement fee that's been applied is that because he posted a letter? That was added to the balance before the bailiff even came out!

I queried it by email had no response and days later he's turned up!

HappyMJ

LolStevo wrote: »

So the £235 enforcement fee that's been applied is that because he posted a letter? That was added to the balance before the bailiff even came out!

I queried it by email had no response and days later he's turned up!

You should only have to pay the £75 compliance fees. The £235 is if the bailiff has levied anything. It's an enforcement fee. If they've entered your house or levied a vehicle you own then they can charge that fee. If they haven't done so then they can't charge but they will always try and hope you don't know your rights.

antonic

The £235 fee is charged once the Bailiff visits AFTER having issued the Notice of Enforcement Letter (which costs £75).

The Bailiff DOES NOT have to list any goods for the £235 fee to be valid all he/she has to do is attend and leave a letter.

At this point, unless they actually list goods, thats where the charges end.

LolStevo

im still confused!

I am hoping to avoid him until i receive a reply from either the council or equita and hope this gets passed back to the council.

antonic

LolStevo wrote: »

im still confused!

I am hoping to avoid him until i receive a reply from either the council or equita and hope this gets passed back to the council.

Let me try and clear things up for you.

Can you please confirm the following for me :

1) Have you been charged £75.00 for the Notice of Enforcement Letter ?

2) Have you been charged £235.00 following a first visit from the Bailiff and them leaving a letter ?.

If the answer to both questions is YES, then the fees incurred are due and need to be paid even if the rest of the debt is referred back to the Council.

(The fees are actually due to the Ministry of Justice, not the bailiff or bailiff company and should be be paid separately).

See here for more info

http://www.legislation.gov.uk/uksi/2013/1894/contents/made

LolStevo

Thanks for clearing this up!
I have today received a letter though the post saying the debt has been assigned to this bailiff and he will be calling in 7 days.

Even though he has already been and I spoke over the phone with him that day!
Still no reply from my email either!

LolStevo

So the day after receiving a letter saying this had been passed to bailiff I have received another letter saying if I don't call the call centre and pay within 7 days they will return it to the council who make take further action?

Is this a good thing for me?

antonic

LolStevo wrote: »

So the day after receiving a letter saying this had been passed to bailiff I have received another letter saying if I don't call the call centre and pay within 7 days they will return it to the council who make take further action?

Is this a good thing for me?

I *think* what they mean is that unless you pay within the 7 days, they are returning the debt as its not profitable for them to continue pursuing you for the debt.

It doesnt mean that you wont have to pay your CT, but you now have to deal with the Council.

Dont forget that any fees you have incurred have to be paid as well.

LolStevo

No that's fine I have been trying to pay the council tax but an obstructive debt company preventing me!

I will be able to deal with council now x