Advice-EQUITA Bailiffs, eek!

cottage_retreatist · 2 November 2011 at 10:46PM

Hello!

I was wondering if I could ask for some advice - I am ashamed to say we defaulted on our payments of Council tax and the arrears have now been passed onto EQUITA. We received through the post on 31st October 3 letters dated from 24th,24th and 25th October all saying exactly the same thing:

"We will be coming in the next week to collect payment/goods to take to the local auction house"

Today we came home to a hand-delivered letter stating payment must be received in 24 hours and no further arrangements are acceptable.

This is despite the fact we have (with massive difficulty) found the whole amount of the money to pay off the arrears and called EQUITA today to say so - they said we have til the 11th November to pay the full amount, and to call the bailiff, the bailiff asked us to send the money to HIS account (this can't be right?!) and also that the cost was £2200.00, that's £470 more than the original debt (which includes court fees and £24.50 for a first visit - as noted from other threads as the only cost they can incur as he has not accessed the house and he can't see our goods as we have kept all the curtains closed this past week or so).

The question is - as we have the full amount - are we in a strong position to contact the council and CAPITA who are acting on their behalf to try and pay only the debt and court fees direct to them and ask them to call off the bailiff or will we be b****red by this bailiff who i checked out and isn't actually registered to EQUITA on the certified bailiffs website?

Apologies for the long thread - just want to know our rights and whether we can refuse to pay this extra ridiculous nothing-fee?

Many thanks

andyf3050 · 2 November 2011 at 11:37PM

Hi CR...

Something doesn't smell right about this bailiff or the amount they are demanding. Go and seek advice from the CAB tomorrow or speak to someone from the council in the Council Tax department.

Let us know how you get on...

Andy...!

cottage_retreatist · 2 November 2011 at 11:41PM

many thanks for your reply Andy,

I am going to contact the council direct - all though they deal with all their council tax collection through Capita who say it is all in the hands of the bailiff now and we should only deal with them, :mad:

everyone seems to be passing the buck and there is no way someone can get away with 470 quid for 3 letters and a 2 minute mid-afternoon phone call!

i will send them emails and also call them from work - all calls are recorded through the telecoms department so don't think there should be any problems there!

antonic · 3 November 2011 at 3:13AM

Google their website (I cant post links yet) and click on Council Tax FAQ and it gives all the fees they charge AND they can legally charge them ! (for example £24.50 first visit £18.50 per subsequent visit = £61.50, you would need to find out what the rest is they have charged)

You can try to argue the costs but I am not sure you would win.

Sorry to be the bearer of bad news !

cottage_retreatist wrote: »

many thanks for your reply Andy,

I am going to contact the council direct - all though they deal with all their council tax collection through Capita who say it is all in the hands of the bailiff now and we should only deal with them, :mad:

everyone seems to be passing the buck and there is no way someone can get away with 470 quid for 3 letters and a 2 minute mid-afternoon phone call!

i will send them emails and also call them from work - all calls are recorded through the telecoms department so don't think there should be any problems there!

hallowitch · 3 November 2011 at 7:04AM

anything you don't understand just ask

the bailiff register is not alway 100% accurate phone the Ministry of Justice Public Register of bailiffs on 020 3334 6355 to confirm if he has had a change of employer to Equita

Equita bailiffs are part of the capita group of company's

bailiff fees are set by legislation under The council tax (administration and enforcement) regulations 1992 (amended)

regulation 45 (2) schedule 5 charges connected with distress does not allow a fee to be charged for letters delivered by royal mail

THE COUNCIL TAX (ADMINISTRATION AND ENFORCEMENT) REGULATIONS 1992 (SI 1992/613 AS
AMENDED BY SI 1993/773, SI 1998/295, SI 2003/2211, SI 2006/3395 AND SI 2007/501
(SCHEDULE 5) NOTICE OF CHARGES CONNECTED WITH DISTRESS
1. The sum in respect of charges connected with the distress which may be aggregated under
regulation 45(2) shall be set out in the following Table-
(1)
A For making a visit to premises with a view to levying distress (where no levy is made) – i) where the visit is the first or only such visit £24.50
ii) where the visit is the second such visit:£18

http://www.herefordshire.gov.uk/docs/Enforcement_Agent_Charges.pdf

to have fees of £470 they would have to be charging you a levy fee and a van/attendance fee and/or an enforcement fee (there is no such thing as an enforcement fee) a van/attendance fee must follow the levy

To charge a levy fee the bailiff must levy on your goods and leave a notice of seizure/distress listing the goods levied
Distress 45.

(5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.

http://www.legislation.gov.uk/uksi/1992/613/regulation/45/made

From your post your fees to date are £24.50

phone your council (record the call if you can) and ask the date of the liability order and the amount of the liability order (local authority court.administration fees are added to the liability order they are not collected separately by the bailiff)

what fees have been charged by Equita the date of each fee the reason for each fee your council has direct access to your Equita account and should be able to give you this information offer to pay the liability order amount including the £24.50 1st visit fee if they refuse go on-line and pay it (if they refuse you have a recording of there refusal)

only phone the bailiff if you record the call and ask him

What fees have been added to your account
date of each fee ,reason for the fee, when/if he says levy fee ask him what goods have been levied

(please try and get him to state court fees and to pay this into his account you should not be paying direct into a bailiffs personal account all payment should be made direct to the bailiff firm if you are not paying the council direct )
what date and and at what court did he change his certificate details to his new employer Equita
only inform him you have paid the council direct on-line if you can record the call because your bailiff wont be happy and may not be very nice to you
then ask him if he knows what a form 4 complaint is as you have recorded the call and will be sending one to the court in very near future

If you have a vehicle do not park it on your drive or in your street till you find out if there has been a levy fee charged and what has been levied it wont be the first time a bailiff has has done a back dated levy when they get caught out charging a levy fee

your next port of call will be a Formal complaint to the CEO of your council
once you have made payment and depending on what the council and bailiff say when you phone them i will tell you what to put in your complaint

send this to your council and Equita by recorded delivery letter or e-mail

Name
Address
Bailiff Ref: Account No: 123456
Council Ref No: 435672
Date
Dear Sir,
With reference to the above account please provide me with a breakdown of all fees charged and payments made for the above account
This includes:
a - the time & date of any Bailiff action that incurred a Fee.
b - The reason for the fee.
c - The name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
d - The name(s) of the Court(s) the Bailiff(s) was/were certificated at.
e - The date of the Certification.
This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10.
The National Standards for Enforcement Agents state that if a written request is made an itemised account of fees will be provided.
Please provide the information requested within 14 days of this E-mail /recorded delivery letter
Yours faithfully
Ripped off customer"

hallowitch · 3 November 2011 at 8:28AM

Bailiffs are governed by the distress for rent rules 1988
http://www.legislation.gov.uk/uksi/1988/2050/made

(amended 1999) any change of certificate details must be logged with court asap
http://www.legislation.gov.uk/uksi/1999/2360/pdfs/uksi_19992360_en.pdf

“Change of bailiff’s name, address, etc

7A.

—(1) In this rule “relevant details” means a bailiff’s name, address or other written information appearing on the certificate.

(2) If there is any change in the relevant details, the bailiff shall without delay give written notice of the change to the issuing county court and produce his certificate (“the old certificate”) to the court officer of the issuing county court.

(3) When a bailiff gives notice and produces the old certificate in accordance withparagraph (2) above, the Judge of the issuing county court shall issue to the bailiff a replacement certificate reflecting the change in the relevant details but in all other respects (including, without limitation, the date of expiry of the certificate) the same as the old certificate.

(4) When a replacement certificate is issued in accordance with paragraph (3) above,the court officer shall retain and cancel the old certificate.

(5) No fee shall be payable for the issue of a replacement certificate in accordance with this rule.”.

13.

—(1) In rule 8(1) after “shall be made” there shall be inserted “in Form 4 or, where the complainant has conducted a formal investigation into a complaint by a third party against the bailiff, in Form 5”.

When a person applies to become a certificated bailiff he pays a bond to the court this bond is £10k and is usually paid by his employer (in form of insurance surety bond i believe most firms use Zurich) when a bailiff leaves a firm this bond is cancelled

norrie1966 · 5 November 2011 at 7:40AM

Hi,

Never used a forum before so hopefuly I am doing this right. I have recieved a letter for council tax 5yrs and 11 months old from Enfield council who I am not with now (amount 572.00). I was sure I paid off this account but cant find any proof. In short the debt went to Equita and then to a baillif. I reieved one letter through the door from the baillif.I was not at home when the letter came.I phoned his number and he tells me the amount is now £813.00. He said that £203.00 of this is his fees and the rest is liability order cost. I challenged the baillifs £203.00 fees and asked him how he could charge me £203.00 for one letter. He said that he attended my address with intent to seize my goods and chattels and to levy distress. I had no choice but to agree to pay. He has given me until the end of November. I have now been online and it is my understanding that he can only charge me £24.50 for a first visit/letter. Can anyone help me out in how I should go about paying the actual council tax and liability order and pay the baillif the £24.50 instead of the ridiculous amount of £203.00. I am afraid if I pay the £24.50 and refuse the £203.00 that he will come up with some trumped up further charges and threats. Please help.

Hoping for a good samaritan to help me out. I would be very grateful for some advice.

hallowitch · 5 November 2011 at 12:49PM

norrie1966 wrote: »

Hi,

Never used a forum before so hopefully I am doing this right. I have received a letter for council tax 5yrs and 11 months old from Enfield council who I am not with now (amount 572.00). I was sure I paid off this account but cant find any proof. In short the debt went to Equita and then to a bailiff. I received one letter through the door from the bailiff.I was not at home when the letter came.I phoned his number and he tells me the amount is now £813.00. He said that £203.00 of this is his fees and the rest is liability order cost. I challenged the bailiffs £203.00 fees and asked him how he could charge me £203.00 for one letter. He said that he attended my address with intent to seize my goods and chattels and to levy distress. I had no choice but to agree to pay. He has given me until the end of November. I have now been online and it is my understanding that he can only charge me £24.50 for a first visit/letter. Can anyone help me out in how I should go about paying the actual council tax and liability order and pay the bailiff the £24.50 instead of the ridiculous amount of £203.00. I am afraid if I pay the £24.50 and refuse the £203.00 that he will come up with some trumped up further charges and threats. Please help.

Hoping for a good Samaritan to help me out. I would be very grateful for some advice.

Another Equita bailiff who is at it Can you record your calls ?

Have a look and see if your bailiff is certificated to Equita you can search using his name or Equita
www.hmcourts-service.gov.uk/CertificatedBailiffs/

how sure are you that you paid this a subject access request(SAR) to the council will show all payment made a (SAR) wont solve your immediate problem as the council have 40 days to reply and it will costs £10

phone Enfield council on Monday and ask

date of liability order (LO)
liable year the (LO) relates to
period of the liable year the (LO) relates to

The letter you has put through the door from Equita what does it say regrading the amount outstanding and fees charged to date is it broken down as council tax outstanding £572.00 bailiff fees £203.00 total outstanding £813

now that you have phoned the bailiff questing the fees it would be a very good idea to move your car (if you have one) do not park it on your drive or in your street

you are correct that the fees charged by the bailiff at this stage of enforcement should be £24.50 the bailiff is there to levy against your goods( not to remove them) until a bailiff has a levy on goods he has nothing to remove therefore cant charge a fee

A For making a visit to premises with a view to levying distress (where no levy is made) – i) where the visit is the first or only such visit £24.50

dancingfairy · 5 November 2011 at 4:57PM

Have you ever let the bailiff into your house? I was a little unclear as you say 'I had no choice but to agree'. As long as you have not let them into your house and they have not levied on your car then you are safe.
Do not let them bully you - the laws and regulations are quite clear.
You might want to put in a stiff complaint letter to the baiiffs for charging illegal fees and to the council for employing bailiffs who don't seem to understand the rules and regulations.
df

norrie1966 · 9 November 2011 at 5:20PM

Help. I phoned the bailf today to say I owe him only 24.50 as a first letter without him levying. The bailif has said that he levied against two plant pots in my front garden. He is saying that out of the total bill of 819.50 that his costs are 43.00 for levy and 160.00 for bringing a van. 572.00 is the council tax and 44.50 is the liability order. He says that the plant pots are my goods and as such he has levied. He is now threatening to come out tomorrow to remove my goods. I told him I owe him 24.50 for a first letter. After the bailifs first visit which resulted in him leaving a letter saying that he attended with the intention of levying (not that he had levied)Equita sent a letter saying that goods have been identified (didn't say what had been levied). The baillif claims that the letter Equita sent me saying goods have been identified are the plant pots. I have spoken to him today and he said that he will come around tomorrow to remove my goods. He has had no access to my house. Another thing can he climb over my conservatory to gain access to my back garden? I really need help on this.

RAS · 9 November 2011 at 5:29PM

norrie1966 wrote: »

Help. I phoned the bailf today to say I owe him only 24.50 as a first letter without him levying. The bailif has said that he levied against two plant pots in my front garden. He is saying that out of the total bill of 819.50 that his costs are 43.00 for levy and 160.00 for bringing a van. 572.00 is the council tax and 44.50 is the liability order. He says that the plant pots are my goods and as such he has levied. He is now threatening to come out tomorrow to remove my goods. I told him I owe him 24.50 for a first letter. After the bailifs first visit which resulted in him leaving a letter saying that he attended with the intention of levying (not that he had levied)Equita sent a letter saying that goods have been identified (didn't say what had been levied). The baillif claims that the letter Equita sent me saying goods have been identified are the plant pots. I have spoken to him today and he said that he will come around tomorrow to remove my goods. He has had no access to my house. Another thing can he climb over my conservatory to gain access to my back garden? I really need help on this.

We is bllloody joking!!!!!!!!!

These things made by Leonardo da Vinci

The good listed on the levy have to be of a value that would cover the debt when sold at auction, so about 10 time the outstanding liability order.

Make a formal complaint to equita on [EMAIL="info@equita.com"]info@equita.com[/EMAIL] tonight and e-mail your local councilor as well.

Then follow up in writing tomorrow - two copies of the letter to Equita from different post offices with Certificates of posting.

Advice-EQUITA Bailiffs, eek!

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