📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Bailiff help!!

Options
Hi

I'm after some advice as I'm not sure what to do.

I won't bore you with the details of how but I have found myself in a position this year where I have had my bank account wiped and had to also replace most of my household items - this left me in a mess with money and I have fallen behind on a lot of things.

My query today is specifically council tax related. I have a debt of £635.55 - effectively my payments are not too far behind it's the late payments multiple times that caused the recovery process to escalate. I don't dispute the debt obviously.

I contacted the council to let them know the date I would be paying and the reason but they replied and said the debt had been passed to equita. I at this point had had no correspondence from equity so no reference number. I tried to be proactive and contacted equita on 22nd November offering payment of £150 per month with any remaining amount (as I knew they would add fees) in march payment so would be clear by April. As I had no reference number I included my name, address, telephone number and council reference and got a standard response of we will be n touch shortly.

I have come home today and have an enforcement notice. This includes a £75 compliance fee, a £235 enforcement fee so total now £945.55. I called equita immediately, they said I have to deal with agent and that they didn't set up payment plan as I didn't put reference in the email! I didn't have a reference at this time.

I have called the agent - he said that the fees were added by equita and that is the amount he is instituted to collect and can't set up a plan only equita can who are refusing to deal with me, they say I need to sort with agent!

The agent said a removal van is booked for Saturday and if not sorted by then another £110 will be added to total. He advised me to speak to council tomorrow an see if anything they will do and call him back. Is that a waste of time?

Anyone any idea how I can proceed or am I just stumped here! I would just let them in and take what they want but I literally don't have don't have anything they can take. My car is hire purchase! I have a loaned telly as I haven't replaced mine yet. I guess a tumble dryer is best I can offer!

Is letting them take that worthwhile - I'm at a complete loss
«1

Comments

  • sourcrates
    sourcrates Posts: 31,595 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    No, don't whatever you do let them in.

    They can't force entry, normally after 3 attempts the account gets passed back to the council.

    They are not been truthful, as a payment arrangement is always possible, they just prefer cash up front, do everything in writing from now on, stay off the phone .

    The man you want is CIS, he knows everything there is to know about council tax recovery, hopefully he'll be along shortly with more constructive advice for you.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Hi

    Thanks for that. He said after I have spoke to council an call him back if they won't do anything he will see about splitting the payment over 2 or 3 payments but I can't afford that especially with the fees they have added on. I'm trying to see my options before I speak to them.

    Thankyou for taking the time to reply
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    I'm after some advice as I'm not sure what to do.

    I won't bore you with the details of how but I have found myself in a position this year where I have had my bank account wiped and had to also replace most of my household items - this left me in a mess with money and I have fallen behind on a lot of things.

    My query today is specifically council tax related. I have a debt of £635.55 - effectively my payments are not too far behind it's the late payments multiple times that caused the recovery process to escalate. I don't dispute the debt obviously.

    I contacted the council to let them know the date I would be paying and the reason but they replied and said the debt had been passed to equita. I at this point had had no correspondence from equity so no reference number. I tried to be proactive and contacted equita on 22nd November offering payment of £150 per month with any remaining amount (as I knew they would add fees) in march payment so would be clear by April. As I had no reference number I included my name, address, telephone number and council reference and got a standard response of we will be n touch shortly.

    I have come home today and have an enforcement notice. This includes a £75 compliance fee, a £235 enforcement fee so total now £945.55. I called equita immediately, they said I have to deal with agent and that they didn't set up payment plan as I didn't put reference in the email! I didn't have a reference at this time.

    I have called the agent - he said that the fees were added by equita and that is the amount he is instituted to collect and can't set up a plan only equita can who are refusing to deal with me, they say I need to sort with agent!

    The agent said a removal van is booked for Saturday and if not sorted by then another £110 will be added to total. He advised me to speak to council tomorrow an see if anything they will do and call him back. Is that a waste of time?

    Anyone any idea how I can proceed or am I just stumped here! I would just let them in and take what they want but I literally don't have don't have anything they can take. My car is hire purchase! I have a loaned telly as I haven't replaced mine yet. I guess a tumble dryer is best I can offer!

    Is letting them take that worthwhile - I'm at a complete loss

    The £235 fee can be charged if they've attended with the intention of removing goods but the £75 fee, which comes first, involves a letter being sent to give at least 7 days notice that they have the case and are acting to collect the money. This letter is a legal requirement before the they can progress to the next stage.

    Did you get an initial letter from them ?

    I dealt with Equita almost every day for a decade - they're not the easiest company to deal with (we used to have to remind them that they worked for the council and not the other way round !).

    Craig
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    There won't be an extra fee of £110 added as standard - the fee value is now highly regulated. This £110 fee can only be charged where they've removed goods to sell.

    Craig
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • I believe the intention today was to remove goods but had they responded to my payment plan request I don't see why anyone was instructed.

    I haven't received a letter. I sent my email on the 22nd November and this is the first correspondence I have received. In hindsight I should have contacted them since but with everything going on I had put it to back of my head thinking they would contact. My own fault I know
  • cmazza
    cmazza Posts: 170 Forumite
    Hi, sorry to hear that you have been down on your luck. Is there anyone you can ask for help from?
  • No unfortunately not. It's been the year from hell and I have used up all of my help

    I thought I had had the last of it but just seems to get added to every time I turn.
  • kaya
    kaya Posts: 2,465 Forumite
    Part of the Furniture Combo Breaker
    doors and windows and gates kept locked, either ignore them , pay them or hang out of your bedroom window with a pencil up each nostril repeating "wibble, wibble" as loudly and often as you wish, they can not legally force entry unless you have already allowed them in on a previous visit to list goods, they can not remove anything unless you have allowed them in to list goods, in fact if you don't let them in or agree a payment plan they can't do a goddam thing apart from puff out their chest and make idle threats . feel free to film them on your mobile phone from an upstairs window as this will probably wind them up and prevent them from making idle threats and after a few failed attempts to collect the money for their client the debt is returned to them as unsatisfied and all the bailiffs costs are removed (they dont get paid if they don't do the job), then you can approach the council and try to arrange a payment plan without all the extra bailiff fees
  • Ok thanks! Would it be worth asking the council to take the debt back now? Home wise everything will be locked although there is fairly easy entry to the rear of my property which I can't do anything about! they still couldn't get in but it would be slightly awkward them at my back door when I'm sat in full view. Not like they will leave if I just ignored them
  • CIS wrote: »
    There won't be an extra fee of £110 added as standard - the fee value is now highly regulated. This £110 fee can only be charged where they've removed goods to sell.

    Craig

    So there should be no fee for them coming in a removal van if they don't take goods?
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.1K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244.1K Work, Benefits & Business
  • 599.1K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.