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Equita for TFL

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  • Equita for TFL

    Much the same as many stories on here. I had 2 congestion charges that I got on my Brother's car from TFL on 04/12/09 & 28/06/10 which got to Equita 'auction notice' stage. I spoke to them after receiving the first 'auction notice' dated 16/11/2010, and arranged a monthly payment plan of £101 with a woman calling herself Christina starting 22nd Nov. ( I then pointlessly received exactly the same letter 2 days later dated 18/11/2010, which I'll no doubt be charged for).
    I started to pay off the balance of what I was told to be £294.32 on 22/11/2010 with a payment of £101. I then missed the next payment and paid late on 14/01/2011 with a payment of £132.10 ( a figure I can't explain as my balance was over £200 at the time, which can be seen in my bank statement along with all other payments to Equita ). Having no work at the time along with a death in the family meant that I was late with the next monthly payment.
    Now here's where they really sting me...

    On the evening of 04/02/11 (thankfully my Mum had gone to work and I was out of the country) my Brother, after work, finds 3 letters addressed to him (bear in mind it’s his car which I borrow for work and occasionally get and pay tickets on). The first is dated 01/02/11 and is exactly the same 'auction notice' as before. The second is also dated 01/02/11 but is a letter saying that they were
    "disappointed to find Congestion Charging Penalty Charge Notice remains unpaid".
    They then go on to give the opportunity to pay the outstanding balance of £98.16. (Which I would have settled, given a chance)
    The third letter however was a form 7 notice of seizure that was obviously hand delivered, as on the inventory of goods section he has written my Mum's car details in! (Nothing to do with me or my Brother's car) Despite arriving on the 04/02/11 the form7 is dated 05/02/11. The total amount if paid today reads £444.24 !!!!!!
    I obviously phoned Equita straight away to immediately settle the balance, by borrowing what I still believe to be £98.16. I am told that no-one at the call centre can speak to me about my account and I must now speak to A*** B*** the allocated bailiff assigned to me. After trying to speak to him he is obviously unmovable on the figure, which he believes to be £444.24, and constantly tells me he is well within his rights to take my Mum’s car. I then receive an undated ‘Delivered by Hand’ Bailiff Removal letter saying that called to execute a warrant on behalf of Northampton County Court. In the top right hand corner he’s written “paid £101, outstanding £444.24”.
    Through fear of this happening I set up a payment plan with him, after seeking advice from CAB, as I was completely out of places to borrow money and had no work at the time. They suggested I offer him whatever I could and he reluctantly accepted, taking £101 on 08/02/11 (even though I said £100). I then made a payment of £151 on 15/02/11 and then settled the balanced as agreed on 01/03/11 with a final payment of £197.16 ( a figure which at the time seemed about right but adding it all up just doesn’t work. I also asked for a receipt and breakdown which hasn’t arrived ). The bailiff was happy that the balance was clear and I was angry but relieved that the ordeal was over. Or so I thought...
    (For the record, if at this point if I were never to have heard another thing from them I wouldn’t have written this and probably just accepted that I’d let 2 congestion charges escalate to cost me £683.26 and the worry of my Mum and Brother).
    On the morning of the 30/3/11 I received two letters from Equita. The first was dated 29/03/11 and was a final demand notice but with a different reference number on it. The second, also with this new reference number, was another bailiff removal warrant to execute from Northampton county court . This had a new bailiff in charge whos’ mobile number was provided to me as my only point of call. I called him and explained that I’d already paid the other bailiff ,A*** B***, £449.16 on top of the £234.10 I paid to Equita’s call centre. He said that his records show I owe £415 but he’ll check with the office and get back to me. Meanwhile I called and text A*** B*** to get a receipt of proof of payment but got no response. I received no response from the new bailiff so called back the following day and he said the same about checking with the office, and again didn’t get back to me. I’ve since moved out of my family home but want to prevent these people terrorising my Mum’s house as that is where the car is registered. I truly believe that I’ve more than paid what I owe and if I pay the other £415 the total will come to £1098.26 which will ruin me.

    I've managed to get TFL to put the account on hold for a week so they can acquire a breakdown of costs, as of today 05/03/11.

    Any advice on what I can do next would be great.

    I’d also like to know if this will affect my brother’s credit rating as it is his car I was driving.
    Tags: None

  • #2
    Re: Equita for TFL

    No, this will not affect anybody's credit rating because these are fines.

    If I were you, I would send a Subject Access Request off to ascertain exactly what is going on with these fees. You can find that here Parking Fine Guide - Legal Beagles Consumer Forum

    Once you get a reply, post up the results and we'll go from there.

    Comment


    • #3
      Re: Equita for TFL

      Thank You Amy...

      The Congestion Charge people (03332001000) said they are obtaining a breakdown of costs from Equita and calling me back tomorrow to discuss them. Will this not be the same information I would receive from a Subject Access Request ?

      Should I send a subject access request to Equita with a £10 postal order regardless of what is said tomorrow?

      I've estimated the cost of the two congestion debts @ £185 each along with the going rate of sending out 7 letters and one apparent home visit.
      ( I have never actually seen one of their bailiffs but believe they did call at my family home as they wrongly put my mum's car details in the inventory of goods section, handwritten).
      This figure should be around the £500 mark. Do you think I have a chance of getting back any of the £683.26 I have already paid to Equita? If so what would be my best route?
      (All payments I have on my bank statements.)
      Many Thanks

      Comment


      • #4
        Re: Equita for TFL

        If it were me, I'd send my own SAR, but obviously that is up to you.

        They cannot levy on a vehicle not belonging to the debtor, so the levy on your Mum's car is invalid and that fee should be removed.

        You cannot begin to do anything about getting these charges back until you know what they are.

        Comment


        • #5
          Re: Equita for TFL

          I'm just sending my own SAR now with postal order made payable to equita..correct?

          I have just spoke to the congestion charge office and the breakdown they read back to me that they received from equita firstly doesnt add up and secondly contains a charge for clamping (£175) that did not happen. Am I right in thinking that they must take pictures of any vehicle clamped? As the car was not even in London on the day they say clamping occured. Also what is to stop them lying in the SAR that I request, as they have obviously lied to the congestion charge people?

          Comment


          • #6
            Re: Equita for TFL

            Yes, you should send the SAR to Equita.

            You should also find out from TEC on 0845 704 5007 the date the Warrant of Execution was issued and ask to see a copy of it.

            Under the Code of Practice from the Traffic Enforcement Centre it states the following:
            The warrant must be enforced as a county court warrant. The certificated bailiff must have the warrant in his personal possession when he visits a person or premises with a view to enforcing it and he mustproduce it on demand to anyone who has reasonable grounds to see it”.

            You should also find out, perhaps by adding a line into your SAR, whether or not the bailiff is certificated.

            Comment


            • #7
              Re: Equita for TFL

              Many thanks. They told me the warrants were excecuted on 18/10/10 and 17/11/10.

              I havent mentioned this before but when speaking to equita to arrange a payment plan in Nov2010 they informed me there was 2 charges on my account that they were dealing with. I obviously set up a payment plan to pay them both off but all correspondance I've received up until last week (6 letters) have the same bailiff ref no on. These last two letters received last week on 31/03/2001 have a new bailiff ref no on. This is the first time equita have sent me a letter with this number on ; one of them is a final demand and the other is a bailiff removal. Does this effect anything, as they led me to believe I was paying off both fines?

              Also where do I stand with the ficticious clamping they have put in my breakdown?

              With regard to the code of practice, I have yet to see or meet a bailiff so haven't had the chance to see a warrant.

              I checked the hcrs site and the bailiff's are certificated.

              Comment


              • #8
                Re: Equita for TFL

                Originally posted by pierregreen View Post
                Also where do I stand with the ficticious clamping they have put in my breakdown?
                Let's wait and see what the SAR turns up.

                Originally posted by pierregreen View Post
                With regard to the code of practice, I have yet to see or meet a bailiff so haven't had the chance to see a warrant.
                As above, ask for a copy.

                Comment

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