Equita claiming fees after debt paid direct to council

[Timbow]

Hello, this is my first post. I live in Spain but rent an apartment in Birmingham which I use occasionally when back in the UK. I forgot to pay the council tax on the flat. I got a random text from Equita on 21 March but it did not mention council tax or who it was from, just a reference and as I did not believe I owed any money to anyone I ignored it. I got another text on 2nd April saying that they were coming to my flat the following day for 'potential removal of goods' I immediately called them and found it was due to council tax and he demanded that I pay him over the 'phone. I was not comfortable with that so paid the council the £486.25 due online on the afternoon of 2nd April.

A bailiff called me on the afternoon of 3rd April and I told him I had paid the council - he was very aggressive and said that he needed proof so I sent him the payment details by text. He replied to say that he would continue to pursue me for 'charges'.

As I was now back in the UKI checked my post and I had 2 standard letters from Equita, the second dated 27 March said 'notice of enforcement'. The correspondence mentioned a fee of £75 so I called him the following morning (4th April) to pay this and he told me the charges were now £310 (£75 and £235) as he had made a visit - I challenged this as there was nothing in the postbox and he said that he couldn't get into the apartment building to leave one.

This morning (5th April) I checked the postbox again and there is now a '24 hour hour removal notice' dated 3rd April in the postbox. There was no way he could have put that there on the 3rd as I emptied the postbox at around 9.00pm in the evening.

He has obviously been and posted that after he knew that the council had been paid (and had proof) so surely I cant be charged £235 for collection of a £75 fee?

My question is should I now pay the £75 or should I pay nothing.
Can they enforce the extra £235?
Can they add any further charges

These people are cowboys who seem to use intimidation to extort money.

Thanks in advance for any help with this this

[ploddertom]

Unfortunately the Bailiff fees are lawfully due. You need to check with the Council to see how they have apportioned your payment. It could be they have forwarded some or all the payment to Equita & if so after any charges have been deducted you will still actually owe some Council Tax. Another thing you should know is that most back office procedures at Birmingham City Council are outsourced to Capita who in turn own 2 Bailiff Cos one of which happens to be Equita.

[Timbow]

Thanks for the prompt reply

Can they charge anything else without physically turning up at the door? I ask this because I am actually moving out today and if this is the limit of the charges I will just wait until they find me and then pay them (I only spend around a week a month in UK)

[ploddertom]

The Notice of Enforcement (£75 Fee) should have a date on it by which you need to make contact or pay, if nothing heard then a visit is usually made and an Enforcement Fee charged (£235). To have made a visit then if there is a doubt they made it then they need to be put to proof they did actually attend - description of property, colour of door for example & in this day and age a photo should be taken - dated & timed. Going back to the NoE do you still have the envelope as Equita have form for turning up at a visit and handing the NoE over which very rarely covers the 7 clear days which Regulations say must be allowed.

I assume if you are moving out then you will have to give a forwarding address? If so then you are going to be easily traced.

[Timbow]

Thanks - can I ask them to provide proof - such as a photograph? There was leaflet in the letterbox today (dated 3rd) so they clearly have at least been to the apartment building.

Regards address, the reason why I moved out was because I did not use the apartment, my company has one in the city which I will stay in when needed so I will be tricky to chase!
I think I will pay the £75 online and see what they do next as my understanding is that they cannot charge any more unless they gain access to take goods - is that correct?

[ploddertom]

The Notice of Enforcement is charged when they are given the instruction by the Claimant - £75 Compliance Fee
If no notification from the NoE, then a visit may be made, to charge the fee the visit must be made - £235 Enforcement Fee
No other fees may be charged regardless of the number of visits made
If they have a Controlled Goods Agreement for any goods seized then a Sale Fee may be charged if the items are removed

[Timbow]

That is super helpful - this is a great forum!

[ploddertom]

Have a read for more http://bailiffadviceonline.co.uk/lat...e-court-direct