📨 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!

Reclaiming Equita (council tax) on credit card.

Hi
I had an enforcement officer visit from Equita. He lead me to believe he had to take money that day or my car! I’m also a vulnerable person but he took no notice of that. I was crying and very upset.
The only way I could pay anything was my son using his credit card. So now I’m in debt to him over £1,000
I’ve made offers to pay and made a token payment £25 to Equita online.
I’m unemployed on universal credits and also sick.
I’ve been a single parent (after 30 years marriage) for just over a year. I’ve been left with bills and trying to sort them out.
Main question- can we now cancel/claim back the credit card payment as the amount to be paid that day was falsely implied ?
Any help at all would be gratefully received.
I acknowledge that the debt belongs to myself and my estranged husband and I’m trying to make payments.

Comments

  • lincroft1710
    lincroft1710 Posts: 18,943 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Did the council obtain a CCJ?
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Nasqueron
    Nasqueron Posts: 10,796 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If you chargeback, the bank will ask the firm who took it if it's legitimate, assuming it is, they will let them have the money back.


    Assuming you have a CCJ against you and they have taken on the debt collection then yes it's legitimate. You must have been not paying your council tax for a long time and ignored all the help available to get to this point. Seem help with someone like Citizens Advice or a debt charity before this happens again

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 13 April 2019 at 2:14PM
    Did the council obtain a CCJ?
    They have to have a Liability Order before instructing the enforcement agents (Not a CCJ for council tax purposes).
    I had an enforcement officer visit from Equita. He lead me to believe he had to take money that day or my car! I’m also a vulnerable person but he took no notice of that. I was crying and very upset.
    Vulnerability is a decision for the council and enforcement agent to determine based on the circumstances as they see it.

    The agents, at the point of a visit, are almost certainly at the removal of goods stage so they would be looking at a full payment or immediate removal of goods (unless they voluntarily decided to accept instalments).
    Main question- can we now cancel/claim back the credit card payment as the amount to be paid that day was falsely implied ?
    I'd expect it would be very unlikely that the bank will reverse the payment.
    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.
  • Hi
    I was under the impression that CC companies have some sort of guarantee or “insurance” if there’s an issue?
    The enforcer broke s lot of the code of conduct rules. (I’ve complained to the body)
    I was under duress to make that much payment in one go. Which goes against their guidelines.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi
    I was under the impression that CC companies have some sort of guarantee or “insurance” if there’s an issue?
    The enforcer broke s lot of the code of conduct rules. (I’ve complained to the body)
    I was under duress to make that much payment in one go. Which goes against their guidelines.

    There's a difference between possibly breaching rules for their governing body and acting outside of legislation. What did they do that you think was wrong ?



    Telling you they need full payment or they will remove goods is not duress, or against the enforcement rules, it is what they would be expected to undertake at that time.
    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.
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
  • 351.3K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.2K Work, Benefits & Business
  • 599.3K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 257.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K 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.