council tax and Equita

[ben13]

My partner and i have this morning recieved a letter from equita stating that unless we settle an outstanding ct bill with them within 7 days they will force entry and remove goods.
Now i'm aware that they can't force entry unless they've first gained peaceful entry (which they have no chance of getting).

I've looked on my local councils website and found a little bit of info which i feel could be very useful.

here is the info i found...
Before the council can instruct the bailiffs they must send you a final
warning letter advising you that it is going to do this and telling you of the
costs involved in this course of action.

The council have not done what they state on their own site they have to do. Is there anything i can do to force the council to take this case back due to the fact they havent done what they should have!!

[Amy]

Re: council tax and Equita

In order to force the council to take your case back, all you need do is completely ignore the bailiff. Never telephone him or speak with him, instead pay the council direct. He will have no choice but to return the debt as Nulla Bona.

However and as you have discovered, by and large councils are staffed with morons so you will have to watch out for the fees Equita will doubtless have added despite the fact they cannot charge you for sending letters and evidently have done nothing more than write to you.

Have a read of our bailiff guide if you haven't already done so Bailiff Guide - Legal Beagles Consumer Forum

[ben13]

Re: council tax and Equita

Hi Amy asnd thanks for the quick response.

To cut a long story short we have been having problems with the council for the last 4 years.
I lost my income due to company i was subcontracting to goin bust. I informed the council who at the time were very sympathetic. I was refused benefits and told i could not claim as i hadnt paid enough class2 NI (i've paid NI since i was 16... i'm 33 now)!!
Anyway we fell into serious financial trouble eg GEmoney tried to repo house....
Anyway We've been paying off council tax at £200 pm which inevitably had a knock on effect with paying this years council tax. I requested a statement from council but was just sent sceenshots which make no sense at all and no one is wiling to explain them to us.
I recently started a new job and told the council i could pay £200 pm again but was told they would not accept anything less than £270. Anyway I paid the first £200 but still the council took me to court for a liability order (which was granted). Tried contacting council who basically refused to talk to me and told me the case had been passed to another department.
As it turns oput the 'other department' is equita!!!!!!!!!!
My partner is at home everyday and will no doubt be in when equita turn up. She will not let them in. Would they still try to break in to the shed? or try to take the car??
HELP ME PLEEEEEEEEEEEEEEASE!!!!!!!!!!!!!!
Is it worth ringing the council and telling them to take the case back from the council as they failed to act correctly?

[Amy]

Re: council tax and Equita

As above, the bailiff will have no choice but to return the debt if he is unable to contact you.

If I were you I would write to the council, not telephone. Tell them your circumstances have improved and provide an income and expenditure sheet to show them this. Tell them you will not be dealing with the bailiff and that you will be making your payments direct to the council direct.

Also write to Equita and tell them you will not be dealing with them.

Finally, stop panicking - they cannot break in and there is nothing Equita can do as long as you do not ever let them in, but it would perhaps be prudent to move your car and park it elsewhere for the time being, if at all possible.

[ben13]

Re: council tax and Equita

is emailing the council acceptable?

[Amy]

Re: council tax and Equita

Yes that will be fine. The only reason we advise against telephoning is because you will not have a record to refer to later, plus some people get in a bit of tizz and will agree to anything over the telephone.

[ben13]

Re: council tax and Equita

no problem. i'll get on it now.
Thanks for your advice :-)

[ben13]

Re: council tax and Equita

right, i've just spoken to the council on the phone who refuse to take back the account stating that they would get charged by equita and that them paying this fee would be unfair on other tax payers.
I had a major ding dong with the council finance manager over the fact that they did not send me a letter warning of bailiff action. funnily enough she told me they had proof that they sent them yet even more funny is the fact that the have 'no record' of me contacting them to let them know i'd lost my job.

She was very VERY shocked when i told her i had screen shots of my accounts sent by them as this too wasnt on the system.

I told the finance manager i would NOT be paying the bailiff but would pay the council to which she replied 'the council will not refuse money if you pay it but you will still have to pay the bailiffs'.

Like HELL i'm gonna pay the council AND equita.

Just for info I did not ring the council... They rang me after recieveing my email.
By the way does anyone have an email address for Equita??

I'm now really annoyed that the council are a complete shower who are more than happy to cover their arses yet are even happier to be as unhelpful as possible!!!

[Amy]

Re: council tax and Equita

right, i've just spoken to the council on the phone who refuse to take back the account stating that they would get charged by equita and that them paying this fee would be unfair on other tax payers.

This is complete rubbish. What could they possibly be charged, Equita haven't done any work?

She was very VERY shocked when i told her i had screen shots of my accounts sent by them as this too wasnt on the system.

Excellent.

I told the finance manager i would NOT be paying the bailiff but would pay the council to which she replied 'the council will not refuse money if you pay it but you will still have to pay the bailiffs'.

As above, they haven't done any work, so what can they possibly charge you for?

By the way does anyone have an email address for Equita??

Equita Ltd
42-44 Henry Street
Northampton
NN1 4BZ

I'm now really annoyed that the council are a complete shower who are more than happy to cover their arses yet are even happier to be as unhelpful as possible!!!

It's the same old story, none of their staff are trained in bailiff issues. They all think they know it all, but this goes to show they actually don't know anything.

[pompeyfaith]

Re: council tax and Equita

Make sure nothing of value is in a garden or outbuildings if you have such also.

PF

[TomThumb]

Re: council tax and Equita

Might be worth getting your local counciller on board to complain on your behalf with the council. Council staff hate councillers sticking there oar in but tend to jump when either a member or counciller ask questions.



S.

[wiccaqueen]

Re: council tax and Equita

find out if your council tax administration and enforcement is outsourced to CAPITA

Equita are part of the capita group so you could be dealing with the same company when you get in touch with the council

[ben13]

Re: council tax and Equita

Hi guys Yes the council outsource to Capita. Funny that because around the same time the council dropped rossendales as their bailiff of choice and brought in Equita.
I'll give you an update soon as i got a councillor involved

[pompeyfaith]

Re: council tax and Equita

So saying that the council will be charged if they call of equita is a load of bull.

Capita is the main company and a very big one at that so they have more than enough powers to call off there subsidiary.

PF

[ben13]

Re: council tax and Equita

well the local councillor was worse than useless.
all he did was make things worse!!! hes not the brightest of people by a long way but i thought he may at least help in some way.
I got the feeling that he was well in bed with the council tax dept.
He stated that all he could do for me was tell the bailiffs to accept £200 per month and that they will then leave me alone.
YEAH RIGHT!!!!!!!!!!!!!!!!
He's obviously dealt with bailiffs before.... NOT