Equita Bailiff - PCN and inflated fees

[bathbailiff]

So, I received a hand delivered demand from an Equita bailiff today. To cut a long story short, he wants nearly £400 for what was an £80 PCN. I may have grounds for making a Statutory Declaration Out of Time, but let's put that to one side.

It seems to me the overall amount demanded is excessive. However, by not paying today (made a lower offer following some information I found today, but it was refused by the bailiff), the bailiff will no doubt add another fee for further visit tomorrow or soon after, and then another (I beleive they can charge for a maximum of three visits). In the meantime, I will request a breakdown of fees etc.

This does rather strike me a vicious circle - the bailiff demands an inflated fee. If you don't pay, he can add more fees. So long as you are engaging with the demands, there must be some way of stopping the escalation?

I'm going to speak to the council tomorrow and see if they might be able to put a stop to it (for various reasons the PCN notices prior to the bailiff's visit went to my old address, so I have grounds for requesting that I pay them directly for the PCN and call the bailiff off). But in the meantime, it's ridiculous how out of control the whole thing becomes. Can anything be done to put things on ice?

[Amy]

Re: Equita Bailiff - PCN and inflated fees

An SAR here might produce some interesting results, since they are only permitted to charge £11.20 for a letter, followed by a levy for distress:-

Where the sum demanded and due does not exceed £100 - £28
Where the sum demanded exceeds £100 = 28% on the first £200 due and 5.5% on any additional sum over £200

[bathbailiff]

Re: Equita Bailiff - PCN and inflated fees

Thanks Amy. I've seen that information repeatedly. Needless to say, the bailiff claims his fees are entirely legal. Would a SAR really see them suddenly change their minds about the charges?

[Amy]

Re: Equita Bailiff - PCN and inflated fees

Maybe not, but they must tell you how the fees are made up, so it has to be worth a shot.

[bathbailiff]

Re: Equita Bailiff - PCN and inflated fees

I'm not going to bother with a SAR. To clarify, there are two PCNs accrued in quick succession last autumn. I paid Equita the sum they demanded in full for the first. I've sent them a letter demanding a refund of a certain amount and stating that failure to comply in a timely fashion will result in small claims action. I'm really not interested in arguing the toss or playing a game of document tennis. They can either pay up swiftly or it'll be straight to small claims. If they contest, they'll have to set out and justify their fees anyway, which I suspect they will struggle to do.

The second PCN is being adjudicated following my Stat Dec. Whatever happens with that, and regardless of whether I receive a refund for the first, I will pursue Equita and their bailiff for criminal fraud.

[Amy]

Re: Equita Bailiff - PCN and inflated fees

Litigation should be a final option and because all other avenues at recompense have been exhausted. If you find yourself in front of a Judge, he will expect you to show that you have done everything in your power to avoid court action.

[bathbailiff]

Re: Equita Bailiff - PCN and inflated fees

Having spoken to their agents on the phone and now having sent them a letter, I am confident that should they refuse my latest demand they have no intention of providing a refund. I will of course check the guidelines for a small claim and ensure that I've observed the waiting times and any other explicit requirements. But in general I am going to do the minimum required with a view to expediting litigation. If a further final demand letter is required or similar, that's not a problem.

If I ever stand in front of a judge on the matter I will communicate the derisory and dismissive attitude Equita takes to any suggestion of a refund.