Complaint against Equita bailiffs

[Bell31]

Hi everyone,

First time poster here.

I'm sure you get people like me asking this all the time, but here goes...

A little under two years ago I had some unpaid council tax on a property, and I got back to my uni address one day to a letter saying that bailiffs had attended my property and that I was being charged an additional £200 pounds, and lets not forget the additional £1 charge for paying this by debit card. Anyway, I did panic and promptly paid this in full without question, thinking that was it all done and dusted.

A few weeks later I get a call from a friend of mine who lives at my old address, Equita bailiffs have been round there hassling for money. I thought this was very unprofessional as they had visited my new address and had my contact number, yet they still chose to visit my old address. Anyway, to get this hassle out of the way as quickly as possible, I paid the bailiff immediately, as well as the £200 charge.

I've just got off the phone with National Debt Line regarding something else, and they mentioned that the most a bailiff can charge for a home visit is £42.50.

So having stumbled across this forum I thought it would be a good idea to ask for any advice. The bailiffs I dealt with were Clive Bampton and Bill Washington of Equita, and I am trying to find out if there is any way I can complain and reclaim any of these fees.

Thanks!

[Guest]

Re: Complaint against Equita bailiffs

The statutory fee is £24.50. The £42.50 is for TWO visits but your post indicates only one qualifying visit was made. However the council failed to comply with enforcement regulations, therefore no bailiffs fees are due.

You make a formal complaint addressed to the council collecting the council tax.

[HEAD OF REVENUES]
[NAME OF] Council
[ADDRESS & POSTCODE]

[DATE]

Dear sir.

FORMAL COMPLAINT

BY POST AND BY EMAIL

Re: Council tax [ACCOUNT NO.] & [amount AS SHOWN ON THE LIABILITY ORDER]

I make this formal complaint because I received bailiff from you on [DATE] collecting the aforementioned Council tax and demanded the sum of [AMOUNT] and I have paid him [AMOUNT] plus [AMOUNT] in bailiffs fees.

I now understand The bailiff has been indiscriminately over-charging me with his fees, that are not compliant with prescribed Council Tax enforcement regulations. This may constitute an offence under the 2006 Fraud Act.

The council failed to comply with Section 33(3) and 34(1) of the Council Tax (Administration and Enforcement) Regulations 1992, send me a "final notice" or a "reminder" by post to my current address before making an application to a magistrate for a Liability order. Therefore, no bailiffs fees are due.

To resolve this complaint:

1. Return the case to council administration.
2. The council makes the necessary investigation why I was over-charged.
3. Do the necessary work to ensure the person responsible for over charging me is made accountable under both, civil law and criminal law and the investigation is made objectively and professionally.
4. Comply with the aforementioned regulations and roll the case back to pre-liability order stage
5. Quash the Liability Order under Section 82 of the Local Government Act 2003
6. Refund the unlawful bailiffs fees £200 within seven days.

If you are unable, or unwilling to resolve this complaint in full, please mark your response letter with the words FINAL RESOLUTION and I will ask the Local Government Ombudsman to intervene.

Yours Sincerely.

[NAME]
Encs. copy of:
Bailiffs document.