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Help with Equita Bailiffs!!

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  • Help with Equita Bailiffs!!

    Hi, I hope someone can advise me on what to do as I am really worried.

    Back in february, I received a letter from Equita Bailiffs saying that I had failed to pay £459 outstanding to Birmingham City Council. This was due to the fact that I hadn't received a payment book when I moved into my new property toward the end of 2007 and despite a few phone calls to them, I received no payment booklet and therefore some months were still owing when I received a payment booklet for 2008.

    The letter informed me that unless the outstanding council tax was cleared by return, the bailiff would be calling and removing my goods to be sold at public auction and that this action would involve me in considerable further expense which will be deducted from the proceeds of the sale.

    I phoned the number on the letter and a recorded message told me that my case was being dealt with by a named bailiff and gave me the mobile number. I contacted him straight away and told him I could not afford to pay all of this because of me losing hours at work after last christmas. He told me that I needed to borrow it from someone, like a mother or my father or another family member as it is better to borrow off them than to owe it to Equita. I said I could not because of personal reasons and the fact my father had passed away several years ago. He gave me two days to pay it otherwise a warrant would be issued and I faced imprisonment. I said that If it went to court, I would offer to pay in installments then but he said that It wouldn't do me any good as he said that on the last friday, over 40 people went to the court over non-payment on council tax and nearly 30 of them went to prison. I told him I would do my best and I told him I would contact him two days later and hopefully pay the £459 and he agreed on this. I managed to get an emergency loan from my bank and rang up the bailiff as promised 2 days later, but when I phoned him, he told me the cost had gone up and I had to pay £502.99 with an extra charge for using my solo debit card (natwest). I wasn't happy about this but paid it. He then said there was another outstanding case of over £600 from council tax owing in 2006 which I knew nothing about and I asked him about this but he would not or could not give me anymore information or the address what it related to. The weird thing was, I was working in Butlins for 2 years from 2005. I heard no more about this though until I received another letter from Equita on 14/4/09 saying:

    "REMOVAL NOTICE - Despite previous applications for payment (didnt get any) you have failed to pay the outstanding council tax due to birmingham city council. Therefore, I have been issued your case so that I can call at your home this coming weekend with a removal contractor when I will remove your goods for auction.

    Should you prefer to pay the balance outstanding (though this amount was not on the letter) I will require the full payment to be at this office in good time before I call"

    I received this letter on the friday. I had been told not to contact the bailiff whatsoever as I disagree with their unfair charges and so I contacted Equita with a letter asking how much I owed and to give me a list of payments received and any bailiff charges and any visits they made to my address and that there charges were under investigation by Birmingham City Council and I also wrote to Birmingham City Council to arrange to settle the debt with them instead in monthly installments and told them this was because I was unsure about the bailiff charges.

    During this time, I received a letter from Equita on 29/4/09 saying that as they were unable to levy distress upon my goods, the matter may now be referred back to their instructing client who have the power to apply to the court for a warrant of commitment to prison against me and that to stop this action, Equita required payment in full immediately.

    Then early last week, I had a letter from Equita saying that the debt total was £621 with bailiff visit fees of £42.50 total=£663.50 then a payment of £521.50 was reeceived which brought the balance to £142.00 owing. They also stated that my account was currently being dealt with by another named bailiff who should be contacted immediately and that it may incur me to further (in my opinion, unfair!) costs.

    I also received a similar letter from Birmingham City Council who told me that they contacted Equita and they told them my costs were £142.00 plus their costs and is still out with the bailiff with the contact details. amazing, considering a previous letter had said that the case may have to be refurred back to their instructing client.

    What should I do now? sorry if theres too much info here and I would be grateful of any assistance as this seems in a right mess.

    many thanks.
    jason

  • #2
    Re: Help with Equita Bailiffs!!

    Do you know exactly how much you actually owed in council tax because this sounds to me as if they have added an awful lot on for their fees which they are not allowed to do when collecting council tax, not to mention charging you for using your debit card.

    Bailiffs collecting council tax are not allowed to charge you for letters, but they can charge for 2 visits (£24.50 for the first and £18.00 for the second). They cannot charge you for any more than two visits (unless you owe council tax for more than one year, then they can charge you for two visits per year).

    Have you ever let them into your property? If not, you should not. If you have not then they cannot remove any of your goods - try though they will to convince you otherwise.

    Have a read here for more information Bailiff Guide - Legal Beagles

    In the above link there is a letter to send to the bailiff to ascertain the fees charged - a Subject Access Request and I think you should send this straight away.

    As for this part -
    Originally posted by jasey2009 View Post
    I said that If it went to court, I would offer to pay in installments then but he said that It wouldn't do me any good as he said that on the last friday, over 40 people went to the court over non-payment on council tax and nearly 30 of them went to prison.
    What utter rubbish. You can only be sent to prison if the magistrates believe that you will not pay or if you refuse to pay. You cannot be sent to prison because you cannot pay.

    Comment


    • #3
      Re: Help with Equita Bailiffs!!

      Originally posted by Amy View Post
      Do you know exactly how much you actually owed in council tax because this sounds to me as if they have added an awful lot on for their fees which they are not allowed to do when collecting council tax, not to mention charging you for using your debit card.

      Bailiffs collecting council tax are not allowed to charge you for letters, but they can charge for 2 visits (£24.50 for the first and £18.00 for the second). They cannot charge you for any more than two visits (unless you owe council tax for more than one year, then they can charge you for two visits per year).

      Have you ever let them into your property? If not, you should not. If you have not then they cannot remove any of your goods - try though they will to convince you otherwise.
      hi amy, many thanks for your response and the link.

      Well the letter I received on the Wednesday said I owed £459 and the bailiff confirmed this when I phoned him on the same day. Although when I phoned up on the friday this had gone up to £502.99 (included charge of £1 I think it was, added on for using debit card). I argued about this and the bailiff said this was because of court charges and the bailiff charges. The emergency bank loan I got was for £400 and this left me penniless for a whole month till I got paid again from work. He then said there was another case which related to council tax owing from 2006, which mounted to over £600 which I didn't know nothing about and, like I said, he wouldn't or couldn't give me any more details on that. He then took my mobile number and said he would call me back to confirm this had gone through but I had to drive back to work so he left me a message. Though on the message he said the money had gone through okay but there was "some confusion" with the 2 cases I had. Said something about less owing on the other one than what he had said. I contacted several times after this to find out more but I couldn't get no answer, so I just left it.

      And no I will never let a bailiff in my house or open the door to them.

      The funny thing is, when I wrote to Equita to ask them to inform me of my debt and all the payments I had made, it said that I was owing £663.50 and had paid off £521.50 (I also made payments last year of £40 per month with an Equita payment booklet but missed a payment before christmas) this left a balance of £142.00 owing, although I had a letter dated 11.5.09 delivered by hand asking for the payment due in full within 24 hours, from another bailiff, otherwise he will re-attend at my address with immediate effect and may remove goods even in my absense and asked me to contact him on the mobile number to arrange prompt payment of my debt. Just checking the letter now and on the top wrote in pen and higlighted with a bright yellow felt, it says £467.00. That is an extra £325.00 added on. I ignored this obviously. Also, no-one had called back the next day as I have a cheapo camera outside (thank u e-bay!) recording whilst I am out at work.

      I have tried to agree to make payment direct to birmingham city council but the revenues officer has told me to contact that bailiff in charge to discuss payment. Don't they realise what muppets they have working for them?

      this is where i am stuck.
      thanks.
      jason

      Comment


      • #4
        Re: Help with Equita Bailiffs!!

        This is so wrong.

        You really need to send the SAR to the bailiffs (don't forget to enclose the statutory maximum £10 fee for this) and then we can see about getting these fees back for you.

        As you have said you have not let them into your house, they cannot turn up and gain entry "even in your absence."

        The fact that you have a camera outside your property is very useful, make a note of the date.

        Comment


        • #5
          Re: Help with Equita Bailiffs!!

          Equita are bad news , we had problems 2 yrs ago over 2 parking tickets we knew absolutley nothing abt ,we had no notice abt these tickets and we just couldnt understand it , we asked for copy of all they had on us, and guess what all notices went to wrong address,but still we couldnt win, but equita came to rite address, tried to speak to leeds council they werent intersted just kept telling us to speak to balliffs they are so rude , these parking tickets were issused 18mths before equita called to our house , it was fortunate we werent in , they posted a letter , we tried to go to court abt it but courts kept sending bk the papers telling us to contact council , but they just werent interested , we ended up paying a toltal of 400pound , we just couldnt win these cruel horrid people


          vince

          Comment


          • #6
            Re: Help with Equita Bailiffs!!

            All bailiffs are bad news because they lie.

            Maybe you should try sending the SAR too.

            Comment


            • #7
              Re: Help with Equita Bailiffs!!

              Hi. thanks for your advice. when i got £10 to spare I shall send a SAR to the Bailiff company.

              I've received another letter on friday from the same bailiff saying DELIVERED BY HAND (quite funny as the date has 28th May on it, though friday was 29th), but this one has a different amount on it wrote on in pen £298.00. What on earth are these people playing at? The usual junk is on there too - called today with intention of removing my goods to cover the council tax owing and any additional enforcement costs occured, saying he will be re-attending my address with immediate effect and may remove goods even in my absence - as i checked my camera, no-one has been here since friday. As usual, I will not be contacting the bailiff.

              just unsure of how to pay the money that was originally owing.

              jason

              Comment


              • #8
                Re: Help with Equita Bailiffs!!

                You might find this interesting, have a read of this thread, post #51 Sister-in-Laws parking ticket/Bailiff visit - Page 3 - Legal Beagles

                As for paying the debt, pay the council. They will probably say it's nothing to do with them, but it is - and you should pay them. Paying something is always better than paying nothing.

                Comment


                • #9
                  Re: Help with Equita Bailiffs!!

                  HI,

                  I've had the very same problem today,2 x £35 parking tkts are now £721. They wont accept a settlement payment.
                  They wont discuss anything other than when and how i am going to pay
                  and do not accept that its an outrageous amount of money.
                  They have threatend me today that even if i set up a payment plan, my car could be taken away at any time

                  Comment


                  • #10
                    Re: Help with Equita Bailiffs!!

                    Originally posted by jaynie View Post
                    HI,

                    I've had the very same problem today,2 x £35 parking tkts are now £721. They wont accept a settlement payment.
                    They wont discuss anything other than when and how i am going to pay
                    and do not accept that its an outrageous amount of money.
                    They have threatend me today that even if i set up a payment plan, my car could be taken away at any time
                    What kind of parking tickets?

                    Private or council?

                    Who is "they"?

                    Comment


                    • #11
                      Re: Help with Equita Bailiffs!!

                      Re Equita Bailiffs .equita Rely On People Being Terrified By Their Letters .do Not Respond To An Equita Letter.do Not Contact Equita.equita Are Different From Most Bailiff Companies In That They Employ Very Few Bailiffs Therefore By Not Responding There Is Little Equita Can Or Will Do.by Responding To An Equita Letter You Are Giving Assistance To Equita.just Ignore Them They Cannot Enforce As They Do Not Have The Staff To Do So.

                      Comment


                      • #12
                        Re: Help with Equita Bailiffs!!

                        well, received another letter today, delivered by hand! haha! thats how all letters are delivered aren't they, even by the postman!

                        this has the usual crap on it about coming to take my goods even in my absence. but this time, the letter is from the bailiff who took over £500 from me some months ago. obviously, Equita don't have many Bailiffs. this bloke has no chance. im not even contacting him or anything obviously. this time the amount wrote on the letter is £299. a pound more than the letter i received a few weeks ago.

                        i am paying Birmingham City Council when I got the money to spare although after a letter i sent them a while ago agreeing a payment plan with them for the outstanding amount (£142) they said it was being dealt with by Equita but personally, I think it is to do with them and not Equita.

                        jason

                        Comment

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