sooner go to prison that pay a debt i don't owe

[lisa123]

My story starts at 7.20am yesterday. No knock but heard something being sneaked into the letter box, have 3 dogs so it was that quite it never even started them barking.

It was a Notice of Seizure and inventory of goods form from Equita (A Boston) notifying me that I owe them £428.47 for council tax (news to me). Goods on the inventory read Blue Micra so he'd arrived at the house and wrote down what was on the drive and put the notice through the letterbox. The car doesn't belong to me, it's one of my son's girlfriends. i don't even have a driving licence. Rang him several times to find out what this was about but had nothing but an answering machine. Rang the local council, was told that the debt was due from when my daughter became 18 (she has been claiming EMA for the past few years and I at the time was on JSA). The debt being £196.97. Note the difference for someone posting a letter through your door. They claimed that I had received a court summons sent out by them on 24/03/2011 (not received by mebut obviously I have no way of proving that) if it had I would of been on the phone to them well before yesterday. Basically was told that because it was over 6 months ago I would more than likely have to pay it because the time for an appeal was up and unitl it was sorted out to ring equita and make a nominal payment since I still am on benefits but working tax credits.

Eventually he rang me, told him of the conversation with the council and that I would make a nominal payment until it was sorted out. He thought that funny and started laughing. Was told that nominal payment was unacceptable and wanted it paid in 2 parts £214.25. At the end of the day I don't mind paying debts that I owe but to be made to be pay nearly £500 for something that should of read 0.00 in the first place, I'd sooner go to prison.

[TUTTSI]

Re: sooner go to prison that pay a debt i don't owe

Hi Lisa

Please read the Bailiff Guide http://www.legalbeagles.info/forums/...ad.php?t=14113

There are ways and means of dealing with matters especially if you personally do not owe that money and they cannot seize goods unless you invite the Bailiffs in.

The debt it appears to be your daughters and nothing to do with you.

Others will be along to help - don't panic and have a good read of the link I have given you as well as other threads in the Bailiff section.
http://www.legalbeagles.info/forums/...splay.php?f=76

[CleverClogs]

Re: sooner go to prison that pay a debt i don't owe

My story starts at 7.20am yesterday. No knock but heard something being sneaked into the letter box, have 3 dogs so it was that quite it never even started them barking.

It was a Notice of Seizure and inventory of goods form from Equita (A Boston)

Does that mean that the bailiff had given his name as "A Boston" and that he worked for Equita?

I have checked the bailiffs' register - link - and can find nobody of that name working for Equita. However, another search - link - did bring up one Alan Boston, but he was supposed to be employed by GSD Collections Ltd.

notifying me that I owe them £428.47 for council tax ... The debt being £196.97. Note the difference for someone posting a letter through your door.

I have noted the difference and am happy to tell you that they are charging far too much! Rather than being allowed to charge £231.50, the law only allows a bailiff collecting Council Tax arrears to charge £24.50 for a first visit.

They claimed that I had received a court summons sent out by them on 24/03/2011 ... Basically was told that because it was over 6 months ago I would more than likely have to pay it because the time for an appeal was up

I know that people who work for councils can sometimes seem to live in a world of their own, but I do not know of any world where six months elapse between March and July. Did you raise that point with the Crapita employee to whom you spoke?

[Caspar]

Re: sooner go to prison that pay a debt i don't owe

You need to do two things. The first is phone the council and write down the exact amount of the liability order and also whether it was gained against you (if so why?) or your daughter.

Secondly you need to send an SAR to the bailiffs in order to establish quite where they think these fees have come from.

Once you have those, post them up and we can establish what by the sounds of things will be the few that are actually lawful.

[lisa123]

Re: sooner go to prison that pay a debt i don't owe

Thanks for the replies, spoke to Ema who have sent the notification that my daughter was receiving ema was the time period that south derbyshire district council say i owe the debt for. All was quite until yesterday (06/08/11) when a letter came through the post (dated 03/08/11) notifying me that the bailiff will be calling at my home this coming weekend with a removal contractor when they will remove my goods to the local auction house. Now what? Not sure if he meant this weekend or next but have no intention of letting anyone in the house.

[TUTTSI]

Re: sooner go to prison that pay a debt i don't owe

I am assuming then that your daughter collected EMA when she was NOT attending her classes at college a she should have been. The college have to notify EMA if someone receiving EMA is not attending college on a regular basis. Your daughter receiving EMA knew she was receiving this when perhaps she should not have done and should have returned the money. As your daughter was or is a minor at the time I presume under 18 this renders you responsible for her. I would make arrangements with EMA first thing on Monday and arrange to pay this money back and make sure your daughter understands right from wrong.

If my assumptions are not correct please let us know how this debt occured?

[lisa123]

Re: sooner go to prison that pay a debt i don't owe

you're right you're not correct in your assumptions!!!!!!!!!!!!!!!!!!!!! Someone should get their facts right Tutsi. My daughter has attended college every week since leaving school and has never claimed Ema illegally at anytime. The debt was incured once my daughter got to 18 and the council assumed (as do you) that my daughter was working when she was not. Therefore I won't be making any arrangements to pay ema back to anyone since she claimed it perfectly legally. And by the way my daughter does understand right from wrong and knows better than some to make accusations regarding other peoples finances when not in full possession of the facts.
------------------------------- merged -------------------------------
:tung:

[TUTTSI]

Re: sooner go to prison that pay a debt i don't owe

OK, I said it was only an assumption on the little facts you have told us.

You still need to speak to EMA on Monday to get them to call off the Bailiffs if what you are saying is correct. My daughter collected EMA until she was aged 19 and that was at that time ok and they did not send Bailiffs to us.

There has to be a mix up or some reason why they have instructed bailiffs to collect money from you when your daughter got her EMA payments quite legally. Was the course that your daughter attended at college enough hours for receiving EMA?

I apologise if I upset you, but that was not my intention.

you're right you're not correct in your assumptions!!!!!!!!!!!!!!!!!!!!! Someone should get their facts right Tutsi. My daughter has attended college every week since leaving school and has never claimed Ema illegally at anytime. The debt was incured once my daughter got to 18 and the council assumed (as do you) that my daughter was working when she was not. Therefore I won't be making any arrangements to pay ema back to anyone since she claimed it perfectly legally. And by the way my daughter does understand right from wrong and knows better than some to make accusations regarding other peoples finances when not in full possession of the facts.

[lisa123]

Re: sooner go to prison that pay a debt i don't owe

ok lets get back to the real world and talk about my problem which i hasten to add is not anything to do with bailiff collecting ema claimed illegally by my daughter have we got this clear ........ ? the bailiff have been sent by the council to recover council tax they say i owe (which i do not ) the issue is they think that as my daughter has turned 18 years of age she automatically finished college which is not the case , she has another year left on her course and is as is within her rights claiming ema (although i think the title of this has changed now ) i therefore do not owe this debt !!!!!!¬! proof of which is now with the council..... the debt in question is back dated to her 18th birthday upto april this year when i comenced fulltime employement and began paying my council tax as usual . My partner recently moved in with me and my family and i contacted the council to inform them of this as i should , which was in May my council charge was changed acordingly but at no time was this alledged debt mentioned although i am now informed that this debt is over 6 months old ... i at no time have been informed of any court action against me nor was i informed of any outcome of any such case , it appears to me that a simple phone call to the ema from south derbyshire district council would have saved a lot of stress for myself and money wasted by the council persueing a debt which doesnt exist

[charitynjw]

Re: sooner go to prison that pay a debt i don't owe

Hi lisa,

I must admit, having read your first couple of posts, to also have jumped to the conclusion that the debt had been more to do with your daughter & payments made to her.

It is only after reading subsequent posts that the actual situation became clearer for me.
Once again I am reminded that one should not assume!
So, my apologies to you & yours.

That said, I have used this site for years now, & the information I have gleaned has been first class.

The banter is part of it, & I try to give as good as I get, lol!

Stay a while, have a look around, & you'll see what I mean.

& watch out for Trolls, lol.

[lisa123]

Re: sooner go to prison that pay a debt i don't owe

Thanks for the imput. For those who think that I have just sat on my laurels and not taken any advice given - I wrote a 3 page letter to South Derbyshire District Council on 06/08/11 complaining about the actions of the bailiff ( A Boston ) and that I will be holding them jointly reponsible for any action taken by Equita sinced they are employed by the council, also the reasons why the debt should not of incurred in the first place, sent them original copies of my daughters EMA notification letter (which I should not of been asked to provide in the first place, since it is a letter not addressed to me and to my mind they should have written to my daughter for this confirmation) also originals of notication of seizure notice and removal of goods notice. I have made photocopies of all of the above. Decided that putting it in writing rather than speaking to someone on the phone (which I already have) would be the better way to go about it. This was hand delivered by me to South Derbyshire District Council on saturday night.
Also emailed the same council this morning with said bailiffs illegal actions to inform them that if any bailiff atempts to remove any goods from my property that I would be calling the police to have him arrested for trepass and harrassment and since he is employed by them they will be held responsible.

Good job i have cctv.

[lisa123]

Re: sooner go to prison that pay a debt i don't owe

And i also checked my doormat was still there last night xxx it is xx

[TUTTSI]

Re: sooner go to prison that pay a debt i don't owe

Lisa thankyou very much for posting up what you have done so far and now everything is a lot clearer to everyone who has posted up on this thread.

I take it the bailiffs did not appear at the weekend as they threatened you with and now you are armed with a propper response for them when and if they decide to come and make that visit you have also copies of all the paperwork. Hopefully, you will be able to put this behind you and move on.

Thanks for the imput. For those who think that I have just sat on my laurels and not taken any advice given - I wrote a 3 page letter to South Derbyshire District Council on 06/08/11 complaining about the actions of the bailiff ( A Boston ) and that I will be holding them jointly reponsible for any action taken by Equita sinced they are employed by the council, also the reasons why the debt should not of incurred in the first place, sent them original copies of my daughters EMA notification letter (which I should not of been asked to provide in the first place, since it is a letter not addressed to me and to my mind they should have written to my daughter for this confirmation) also originals of notication of seizure notice and removal of goods notice. I have made photocopies of all of the above. Decided that putting it in writing rather than speaking to someone on the phone (which I already have) would be the better way to go about it. This was hand delivered by me to South Derbyshire District Council on saturday night.
Also emailed the same council this morning with said bailiffs illegal actions to inform them that if any bailiff atempts to remove any goods from my property that I would be calling the police to have him arrested for trepass and harrassment and since he is employed by them they will be held responsible.

Good job i have cctv.

[lisa123]

Re: sooner go to prison that pay a debt i don't owe

the letter for removal arrived on saturday morning 06/08/11 which reads:

'Despite previous applications for payment you have failed to pay the outstanding Council tax due to South Derbyshire District Council.

Therefore I have been issued your case so that I can call at your home this coming weekend with a removal contractor when I will emove your goods to the local auction house.

I would prefer that you were in attendance when your goods are removed and should another day be more suitable I urge you to contact me on the number below immediately.

Should you prefer to pay the balance outstanding I will require the full payment to be at this office in good time before I call.

Your sincerely



Bailiff Manager
Equita Limited.'

Needless to say I haven't contacted the bailiff apart from speaking to him on the phone when the notice of seizure was sneaked through my door. Have no idea whether they meant the weekend just gone or next weekend. Anyway my dogs will have a field day xxx

[Caspar]

Re: sooner go to prison that pay a debt i don't owe

Good news lisa. Glad to hear about your doormat as well lol and that your dogs may be having a free dinner.

In all seriousness bailiffs have even been known to levy on a dog!

It would be somewhat imprudent of them to come to you after all the action you've taken, which was spot on by the way. You always need everything in writing rather than purely on the phone.

I'm currently helping someone through my charity who received a letter from the DWP demanding £300 for an overpayment. £300 to this person is a huge amount of money. They notified the DWP by phone, and of course the DWP now deny that. Everything in writing "for the avoidance of doubt" is always good advice with these sorts of issues.

I'm genuinely pleased for you that it appears to be coming to a resolution.