Chad v Equita

[chad81]

hi,i received a 35pound parking fine for which i sent a cheque off to the council,unaware this was never cashed.i received letters but thinkin it was paid i binned them(stupid),ive since got letters (first 1 8th april) from equita bailiffs,i rang them to query this and she told me to check my bank statement then hung up on me,i then received another letter posted 16th but didnt receive it till the 22 today stating a warrant of execution,again i rang and as it was 6 days later they informed me my file was with the removal officer and that he would be visitin my house to remove goods within 48 hrs!both letters were posted with tnt so i didnt recieve them for at least 5 -6 days!by which time its to late to do anything.i then rang the man who is comin to see me and he told me after 3 attempts to speak to him(he put the phone down first time,put answer machine on 2nd time)he told me the fine is now 391.06p!!!!how the hell has it gone up so much,the council told me that it shouldnt be more than 200pound but when i said that to him he said the fine had nothing to do with them and i had to pay him,i told him i didnt have that kind of money,his response was: well theres nothing more to say.and he put the phone down!im panicking now that he,s goin to either break into my house and take my property r he,ll take my car which is on hp.please help me before i end up having a nervous breakdown.thank you.

[Amy]

Re: Equita bailiff visit re parking fine

They cannot break in to your home, but you should think about parking your car elsewhere until this is sorted out.

Have a read of the bailiff guide at post #18 and here of post #6 bailiff fees??? - Legal Beagles Consumer Forum

Charging for work not carried out is fraud.

[chad81]

Re: Equita bailiff visit re parking fine

no1 has been to my house,neither of the 2 letters ive received have an amount that they wanted off me.and they refused to give me an amount stating that they couldnt access my file as the house man has it!but they,re still chargein me for wot i dont no.
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also im wondering can the bailiff jump over my locked fence and take my childrens play things.ive locked most in the shed but cant lock the trampoline up,.worried as they were xmas pressies.my partner is currently out of work and i only work 16 hrs a week we have 3 children and can barely manage the rent and other bills,ive asked to set a payment plan and they refused!have u any questions that i should ask them if r when they call bout work they may have carried out.thanks.

[Amy]

Re: Equita bailiff visit re parking fine

You must not speak to them over the telephone, you must keep everything in writing because bailiffs lie. Keep all your questions confined to the SAR - there is one in the bailiff guide and get that in the post tomorrow.

Do not set a payment plan for money you do not owe. Once you get the reply to the SAR then you can make a payment plan for what you actually owe. This will involve fees, but not to the tune of several hundred pounds and as I said above they cannot charge for work when no work as has been carried out.

There is no need to panic about this, although I appreciate how difficult that is, as there is nothing the bailiff can do as long as you keep them from entering your house.

[chad81]

Re: Equita bailiff visit re parking fine

so does that include my back garden.im wondering if they come on my drive r they tresspassin so i can tell them to leave,im in rented housin ass.my car is usually parked on the drive not on the road.thank you for ur help.x

[Amy]

Re: Equita bailiff visit re parking fine

They can levy on goods they can get access to and this includes a car, if it belongs to you and any goods if your back garden is accessible. This is why I said to keep your car elsewhere until this is sorted out.

They cannot levy on anything that does not belong to you and that includes anything that belongs to a child.

[chad81]

Re: Equita bailiff visit re parking fine

thank u very much for ur help.x

[Amy]

Re: Equita bailiff visit re parking fine

You're welcome x

[chad81]

Re: Equita bailiff visit re parking fine

the letters we,ve received suggests they have visited my property,which they havent.wot action could we take if we could catch them out,is there any way of finding out if the warrant of execution is ligitimate.should they have not,put the amount we owe on this as they havent.thanks.x

[chad81]

Re: Equita bailiff visit re parking fine

hi,today we have got up to find they have come in the middle of the night and put a clamp and notice on my car.the only night the car has been at the property !they letter has my reg and from the looks of it its awalking possesion order.where do i stand with that.ive wrote to them requesting a sar and ive also sent to the courts to review my case.oout of time something that we applied to the courts.that was last wk,surely the bailif would be aware of this by now so why would they still clamp my car.there is also a hand delivered letter all of which were on the car wind screen not posted in the door.any advice to wot r where we stand now.thanks.

[chad81]

Re: Equita bailiff visit re parking fine

hi again,.ive just spoke with the court in question about the out of time statement and they informed me that they contacted manchester city council and the bailifs on the 23rd and told them that my case is now on hold,the bailifs were told no further action to be done until this has been sorted with the council and r courts,yet they still came to my house and clamped my car.the lady advised me that it may be illegal of him to have done that but to seek legal advise,do u no where i stand on this matter also.thank u.x

[Amy]

Re: Equita bailiff visit re parking fine

Have you told the bailiff that your case is now on hold?

[chad81]

Re: Equita bailiff visit re parking fine

the lady from the court said they had been informed,ive not had contact with them since he put the phone down on me.why would he not already know this from his office?any idea where we stand with the fact he clamped the car past this date.also with the walkin possession order where do i stand with that.thanks.

[Amy]

Re: Equita bailiff visit re parking fine

The clamp is illegal if the court has told you it is on hold.

Tell them to remove it in the next hour - or you will.

[chad81]

Re: Equita bailiff visit re parking fine

its already removed.its still in tact and not damaged.although i would like to wrap it round his neck.it was removed this mornin by some1 i no.in the mean time i had to pay for a taxi to work and my kids had to walk to school in the rain!do i still have to contact them because to be honest i find him very rude and threatening.my daughter is havin nightmares over this as she heard me talkin to my partner and im stressed out to hell with it all.x