Equita Bailiffs, HELP ME PLEASE!!

[natant24]

I am in a right old state here.

I am a single mum to 2 children under 3 and have fell into some trouble. But I also have a parking fine that I was contesting and has also ended up with bailiffs too. This was for £120 and the bailiff is now demanding £375.99.

I had an arrangement which was made over the phone to them to pay £20 a week, which is a bit of a stretch for me, and I missed a couple of payments so it has now been handed over to the van bailiff. He will enter into another arrangement with me if I clear one of these bills. No chance I have no money for that at all.

I rang the office and said I was willing to pay £60 now and carry on with an agreement but they said no because it was with the van bailiff, and I actually didnt pay more than 2 weeks and I was behind by £100. They wouldnt take payment, the guy wont take payment unless its in full, and the council will not take back either debt.

Ive been on the phone to him crying and he has said to leave it with him and he will see what he can do because he has been instructed by the courts to collect this debt, which I have told him I have got no way of paying all at once.

I am going to the citizens advice on Monday but I'm terrified!!!! Will they break in if I dont let them in? I read the advice on this website and it does say they can for the parking fine which has leapt up by over £200, so I'm even more stressed now. Please help me!

[Amy]

Re: Equita Bailiffs, HELP ME PLEASE!!

Try to calm down, we will help you.

Your fine was given to you by your council, so this is a civil debt and bailiffs do not have the power (no matter what they tell you) to break into your home for a civil debt.

Why did you originally query the fine? How much have you paid towards this debt?

[natant24]

Re: Equita Bailiffs, HELP ME PLEASE!!

I queried the fine because it was outside Alder Hey hospital, no car park spaces in the hospital so I stupidly followed what everyone else was doing and parked up on the pavement (which is about 12 foot wide), outside of the hospital site. There was yellow lines on the road but I wasnt on the road and the parking fine was for parking in a restricted zone during prescribed hours. I tried to argue that there needs to be a sign accompanying the yellow lines, something i picked up off my driving instructor, and I never heard anything other than a court letter which I contested again and then received a bailiff letter. I know I shouldnt have been on the walkway, but I did genuinely think it was ok because there was loads of other people doing it. Stupid I know!!!!
------------------------------- merged -------------------------------
Oh sorry, and I have paid £126 according to the guy I spoke to this morning. They have been charging me £1 a week as well for paying by debit card.
------------------------------- merged -------------------------------
They have never been into my house, Ive never seen the van bailiff who I have been speaking to.

[Amy]

Re: Equita Bailiffs, HELP ME PLEASE!!

Oh sorry, and I have paid £126 according to the guy I spoke to this morning. They have been charging me £1 a week as well for paying by debit card.

Do you know how much you have paid? Bailiffs tend to lie about this kind of thing, so it would be best if you were absolutely certain about the amount you have paid.

So realistically then, all you've received from the bailiffs is a letter? Is this correct?

[natant24]

Re: Equita Bailiffs, HELP ME PLEASE!!

Yes letters and no visits at all. When I got the first letter I rang and sorted a payment plan over the phone. I will check my online banking and let you know for definate how much I have paid.

[natant24]

Re: Equita Bailiffs, HELP ME PLEASE!!

£149 I have paid.

[natant24]

Re: Equita Bailiffs, HELP ME PLEASE!!

Oh my god im so stupid, I forgot to say that the same firm has my council tax debt as well. Its £1000. Everything else still stands though, the arrangement I had made with them was to clear both debts. Im so sorry i thought id put that. This is why im so stressed and scared!!

[Amy]

Re: Equita Bailiffs, HELP ME PLEASE!!

There you go then, just goes to show you should never listen to a bailiff.

I suggest you write a letter to the bailiffs and let them know that you have already paid over the odds and that you require a refund of the overpayment.

The only fee you should have been charged is for a letter of £11.20. If you need any help with this letter, then post up a draft and we can take a look at for you.

As for your council tax problem, how far has this got?

[Amy]

Re: Equita Bailiffs, HELP ME PLEASE!!

Or have you paid £149 off both debts?

[natant24]

Re: Equita Bailiffs, HELP ME PLEASE!!

I have paid a total of £149 to Equita and they are supposed to split it between the two debts, £13.66 towards the council tax and £6.33 towards the fine. They have told me I still owe the full amount of council tax and instead of a £120 parking fine (after costs), it is now £375.99. The council tax went to them first and I was paying ten pound a week, and then I received the fine letter so I changed it with them to £20 to clear both. I'll be paying them for years at this rate. They havent taken anything off at all by the sounds of it have they?

[Amy]

Re: Equita Bailiffs, HELP ME PLEASE!!

In that case I think you really should send them a Subject Access Request.

Use this one Bailiff - SAR - Legal Beagles Consumer Forum and edit to suit. Get it in the post as soon as you can and be sure to get a Certificate of Posting (free) from the Post Office.

[natant24]

Re: Equita Bailiffs, HELP ME PLEASE!!

should i keep paying someone or not? is it also still illegal for him to break in? thanks for your help too. x
and do I pay the £10 SAR fee by postal order?

[natant24]

Re: Equita Bailiffs, HELP ME PLEASE!!

I am right in thinking they can charge me letter fees for the parking fine but not the council tax aren't i? The guy I spoke to this morning in the office for Equita told me that the bailiff had added on his own fees onto the parking fine debt because he can. I tried to explain that he couldn't but he was very unhelpful. He said because it was with the enforcement bailiff he could charge what he wanted. And I have never clapped eyes on a bailiff as of yet.

[Amy]

Re: Equita Bailiffs, HELP ME PLEASE!!

should i keep paying someone or not?

Yes, you absolutely must keep paying, but since the bailiff has not been into your property, you could pay the council direct and ignore the bailiffs.

is it also still illegal for him to break in?

Yes because as above, he hasn't been allowed peaceful entry to your property.

and do I pay the £10 SAR fee by postal order?

Or a cheque, whatever is easiest for you - just do not forget the Certificate of Posting.

I am right in thinking they can charge me letter fees for the parking fine but not the council tax aren't i?

You are right, yes.

The guy I spoke to this morning in the office for Equita told me that the bailiff had added on his own fees onto the parking fine debt because he can. I tried to explain that he couldn't but he was very unhelpful. He said because it was with the enforcement bailiff he could charge what he wanted. And I have never clapped eyes on a bailiff as of yet.

He is a bailiff and what they are particularly good at, is lying and this is what he is doing to you.

Send the SAR and we'll see what comes back.

[natant24]

Re: Equita Bailiffs, HELP ME PLEASE!!

I will do I've already drafted a sar out, i'm just going to check it after tea and fire it off in the morning. Thank you for all your advice and help, I'm so glad I came across this website. I just hope i can sort it all out now. I will keep you informed of any visits, letters or phone calls I get. And thanks again!!! x