Wends Mate v Equita/ Bham City Council

[WendyB]

This has been going on for a while, have been getting great help and advice from Amy. Thought it was about time I started a thread.

Basically, my mate owes some of last years Council Tax. Had been paying it off monthly but then missed an instalment so ended up in the hands of Equita, who wanted her to pay more than she could afford each week, so she didn't pay. In the meantime she is no longer working and is only receiving SSP. Equita wouldn't take no for an answer and the Council were pretty useless, even after she'd been to CAB, Equita refused to accept her offer of payment.

She now has a rebate on this year's council tax but the arrears still has to be paid.

She has never actually seen a bailiff, just had letters from them. Never let them into her house, never signed a levy etc etc. Came home one day to find a note on her car threatening to seize it, blah blah blah all the usual stuff.

So I composed a reply, copied it to BCC, and sent a SAR. Sent further letters to both the Coucil and Equita, have had no response to any of them. In the meantime she has been sending payments direct to the council with the instruction that it is to be taken off the arrears.

Then last week she gets a FINAL NOTIFICATION (oooo errr, really scary!!! - not). However, apart from the fact that the info contained in this Notice was so laughable a 5 year old could have done better, the interesting bit was " as we have been unable to levy distress on your goods and effects the matter may now be referred back to our instructing client". So I reckon that's a result, and it just goes to show that if you don't give in, and stand up to them, Equita will go away in the end.

The really funny part of the letter was "...referred back to our instructing client who have the power to apply to the Court for a Warrant of Commitment to prison against you" Well I thought it was funny but it's quite understandable how people not in the know would be scared witless.
Suffice it to say we've now sent them another letter, basically saying I'm so glad this is your final notice as I am fed up of receiving crap from you.

If anyone wants me to scan in the letters for your amusement, let me know.

[Zazen.Warrior]

Re: Wends Mate v Equita/ Bham City Council

Yes please, it's not something I've ever had to deal with myself, but you never know what is around the corner and knowledge is power. :tinysmile_grin_t:

[pompeyfaith]

Re: Wends Mate v Equita/ Bham City Council

must say i am just as p***ed off with the government to allow this to go on for so long and with cameron and co now in power i cannot see an end to it in this term

[enaid]

Re: Wends Mate v Equita/ Bham City Council

Nice one wends and I know you would like me to thank Amy so I will xx

[WendyB]

Re: Wends Mate v Equita/ Bham City Council

Thanks Enaid although I haven't thanked Amy on this thread I have done so in chat and privately x My mate has also done so by phone. Sorry of it appeared I wasn't giving credit where due

[enaid]

Re: Wends Mate v Equita/ Bham City Council

Thanks Enaid although I haven't thanked Amy on this thread I have done so in chat and privately x My mate has also done so by phone. Sorry of it appeared I wasn't giving credit where due

oops looks like I said that wrong, I meant I was saying well done to you and also Amy saving you the job.
Sorry xx

[WendyB]

Re: Wends Mate v Equita/ Bham City Council

Well I apologised for not saying thanks and you've apologised for saying thanks so thanks all round are in order it seems!! Job done lol xx see ya on 16th - if only Amy would come too we could have a ThankFest:-)

[WendyB]

Re: Wends Mate v Equita/ Bham City Council

Update - mate spoke to Council last week, it seems that she only owes £306. The Council are allegedly going to call off the bailiffs, take back the debt and have agreed, for the time being, to her payment plan. They have also said they will look at the issues raised with regards to the way the bailiffs have acted.

So it seems that Equita are kicked into touch, for now, anyway. And the Council have also backed down now that they know that she will not be bullied and knows her stuff. She has loads more confidence to deal with them now that we've pointed her in the right direction.


They did actually ask who was advising her - she told them it was her friend, who was a senior manager for a well renowned debt assistance company/charity or something like that! Good job she didn't come clean and say it was Amy and me working with the boss's computers and a few dodgy emails written up on the back of a fag packet in my lunch break lol. Not to mention the fax sent from Head Office of Dodgy Baillif Squashers Incorporated........

[WendyB]

Re: Wends Mate v Equita/ Bham City Council

Soooo, now she gets a letter from the counil saying they won't take the debt back, because she wasn't on benefits when it was accrued. WTF!! I wasn't aware that your circumstances when you acrued the arrears had sod all to do with it, surely it's the cirumstances now that dictate how you pay it? Also had a "REMOVAL NOTICE" from Equita, saying they're going to come round and remove goods this weekend. Well that peed me off bigstyle, so got on the phone to Equita and gave them a bit of a talking to.....told the stuck up unhelpful person that it was a good job they were recording the call as it would come in useful as evidence when I took them to Court (I was in my Mate persona at the time). Ended up getting the email address of the Complaints manager so sent her a very strong email pointing out all their shortcomings, lack of SAR info etc etc and suggesting that a bit of staff training in the legalities of their actions might be called for.........

Watch this space.


Di is going to speak to the Council about the letter she's had, but I can fell an email to the Chief Exec coming on, they are really naffing me off now!

[Amy]

Re: Wends Mate v Equita/ Bham City Council

Soooo, now she gets a letter from the counil saying they won't take the debt back, because she wasn't on benefits when it was accrued. WTF!! I wasn't aware that your circumstances when you acrued the arrears had sod all to do with it, surely it's the cirumstances now that dictate how you pay it?

You are quite right, being on benefits is not a pre-requisite for having your debt returned to the council. Can you post this letter up?

Also had a "REMOVAL NOTICE" from Equita, saying they're going to come round and remove goods this weekend.

You need to write to the council enclosing a copy of this letter because they are not allowed to do this type of thing - they are not allowed to lie to a debtor and they are not allowed to misrepresent their powers. Ask the council what they propose to do about this behaviour from Equita.

....told the stuck up unhelpful person that it was a good job they were recording the call ....

Did you record this call?

Ended up getting the email address of the Complaints manager so sent her a very strong email pointing out all their shortcomings, lack of SAR info etc etc and suggesting that a bit of staff training in the legalities of their actions might be called for.........

When is the deadline for the SAR information?

[WendyB]

Re: Wends Mate v Equita/ Bham City Council

No, I didn't record the call, i was ringing from my house and don't have recording facilities, but they do. I'm pretty certain message at the beginning says all calls are recorded.

The deadline for SAR was ages ago, she sent it on 5th August. I have pointed this out in the email and told them if its not forthcoming will be making a complaint to the ICO.

I can't scan in the letter from the Council, she took it home with her as she was going to speak with them.

As for writing to the Council about Equita's behaviour etc, have already done that and had no reply at all. I think it's going to have to be a letter or email pref to the Chief Exec of the Council, just need to get the email addy somehow, it's a waste of time emailing their complaints dept, they already told her on the phone it takes ages to get a reply!

Good news is, the weekend has passed and she has had no bailiff visits, with or without a van (as if we ever thought they would turn up anyway) Don't think there's been any reply as yet from Equita's Complaints Manager either.

[Amy]

Re: Wends Mate v Equita/ Bham City Council

The deadline for SAR was ages ago, she sent it on 5th August. I have pointed this out in the email and told them if its not forthcoming will be making a complaint to the ICO.

Why don't you sue them?

[WendyB]

Re: Wends Mate v Equita/ Bham City Council

Won't be me who makes that decision, it will have to be Di. I'll speak to her about it. What would I put in the POC?

[Amy]

Re: Wends Mate v Equita/ Bham City Council

I'll write you something.

[WendyB]

Re: Wends Mate v Equita/ Bham City Council

Thank you x