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Hi Everyone

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  • Hi Everyone

    Hi to All

    The problem I've got at the moment is with Equita bailiffs with my council tax which, obviously, has got into arrears. I sent a letter to Equita on the 16th Oct detailing a payment proposal along with the first payment of that proposal saying I would send subsequent payments around the 19th of each month. I was actually going to be sending the next payment on Monday the 17th Nov. They sent a receipt for that payment as I provided a SAE and I heard nothing else till I arived home yesterday (12th) to find a letter from Equita saying they were arranging for bailiffs to call at my address and also a hand delivered letter from the bailiff himself. Phoned Equita this morning who said they had no details of the case as they had been passed to the bailiff and I had to speak to him which I did. He advised me to send a letter of complaint to Equita (I've wrote it but not sent it yet but will do today) and that he would wait on the outcome of that. Some reprieve there then. In the letter I've again asked them to accept my proposal of payments for each month and told them I would be sending the next payment off on Monday.

    My main question is: Having cashed the payment I sent with the payment proposal letter have they, as a consequence, accepted my proposal I laid out? Also is there grounds for complaint against their behaviour as Equita seem to be particularly aggressive and if so who would I lodge that complaint with?

    I hope you can advise me a bit further on this matter. :tinysmile_grin_t:

  • #2
    Re: Hi Everyone

    First of all, welcome to the forum.

    Cashing a payment is not an automatic acceptance of your terms, however, paying in a cheque is strong evidence of acceptance by conduct of any offer accompanying the cheque (Cantor Index Ltd v Thomson [2008]) therefore, by cashing your cheque, they have provided objectively strong evidence of acceptance.

    With regard to a complaint against them, bailiffs are agents of the local authority and you should direct any complaints to your council. In addition, the “National Standard for Enforcement Agents” issued by the Department of Constitutional Affairs has a section titled “Professionalism and conduct of the enforcement agent” which contains details of what bailiffs should and should not do. Details can be found here. Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

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    • #3
      Re: Hi Everyone

      Hi to All again

      Had my head up my you know what this morning and think I've posted the problem that I have (problem???? sorry issue to deal with) in the wrong forum is there a way to move the thread to the right forum please, sorry for the inconvenience.

      Had a look around the site now and I would like to congratulate the team on the great advice and hard work that you all obviously put in. Keep up the good work. :tinysmile_grin_t:

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      • #4
        Re: Hi Everyone

        Many Thanks for the information Cetelco. I will have a read through the info on the link you provided and see what the next couple of days bring. If they continue to be as dismissive as they (Equita) have been and as long as I keep to my side of what I proposed then I'll pursue it further. From the info I've found on this site I'm more able to put up a better argument against them and redress the balance somewhat. :tinysmile_grin_t:

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