Equita Notice Of Seizure

[Debtfix]

Re: Equita Notice Of Seizure

Dear Pepsie with respect your advice is too half hearted. I have been fighting bailiffs for my clients for many years. My aim is to rid my city of them. They are lazy, often mis represent their powers, unprofessional, and always lie in order to get their way. I feel no shame in getting down there with them and fighting just as dirty as they do. They get very personal with me accusing me of being a loan shark! So you get the flavour of my battles with them. I am not a loan shark BTW!

The council can refuse to accept the payment made as per your advice. I refer you to the debt collection advice guidelines contained in the 2003 version of the Office of Fair Trading publication. Essentially it means that a debtor can pay £1.00 to a creditor and have it accepted, The wording essentially is that if a THIRD party tenders a sum of money to a creditor on behalf of a debtor the creditor must accept the payment. reference Debt Collection Guidance July 2003 page 5 para 15. These guidelines have been superceeded by the 2010 version but the reference refers to a "principle of law" which is anchored outside the guidelines and thereby remains relevant.

Use the Freedom of Information Act to obtain the answers for the following questions:

(1) provide a copy of the Council's Code of Practice for bailiff action.
(2) How many people have been committed to prison in the last 5, (6), (7) years or whatever period you choose.
(3) How much money is outstanding on council tax as a percentage of the council budget for the past five years. Each year to be listed as a separate answer.

I found that the policy document had not been reviewed in ten years and no debtors had been committed to prison. The size of the problem was reducing (question 3).

My council restricts the actions that the bailiff can take. No goods can be removed without the written permission of a senior council officer for example. Essentially this means that the council does not allow removal so the threat to remove is empty. The council do not want your sofa they want your money.

The quick fix therefore is to refuse to pay the bailiff even if an arrangement is in place. Use a third party to pay money direct to the council and sit tight. I do this regularly for my clients and save them the cost of bailiff charges. I have proof of our local bailiffs who have been taken over by Capita engaging in fee farming.

The reason that bailiffs are so effective is that debtors do not know their rights and just feel that they deserve such treatment because they are failing to pay their dues. But there are possible issues of vulnerability, failure to claim benefits etc., and as a result the bailiffs in the recent consultantion paper (to which I contributed) are to be given a duty of care and required to assess their victim for "vulnerability". I'll believe that one when I see it in action.

Other delaying tactics are to demand to see the warrant the bailiff is trying to enforce, a copy of his registration with the local court (proves his appointment as a bailiff). Write down all the details so that you can fight back and intimidate him if he tries such tactics on you. Check the Ministry of Justice website to confirm he is registered Blah Blah. All are possible but make him fail and his boss will sack him anyway so just don't pay him.

But I pay my council tax and I expect my neighbours to pay theirs. So pay what you can, contact the council and explain why you cannot pay the full amount. You are not a bad person for not paying, just that you need your circumstances reviewed to get some wriggle room, so my next big message is to talk to your council tell them why you are in difficulty. The council officers have the same or similar problems as the rest of us so they will understand and stretch the rules for you and only throw you to the bailiffs if they think you are a "won't pay" and they assume that in the absence of other information. If we all talked to our councils we can get rid of this scourge of bully boys stuffing profits into their huge pockets from people unable to pay their way. As ever SILENCE MAKES ROOM FOR THE BULLIES. So everyone do a LULU and SHOUT SHOUT SHOUT OUT LOUD IN PUBLIC IN PRIVATE IN EVERY NOOK AND CRANNY.

[Hurricane Puffrose]

Re: Equita Notice Of Seizure

hey elffie,

im not a baillifs expert, and I agree with pepsie's advice, but I have been reading your posts and thought it was important to say, no matter what you ask we wont think your asking silly questions hun, this site isnt like that. No question is ever a silly question when you honestly dont know the answer.

Please dont ever be worried to ask us a question, or feel silly for asking it, as teachers say, how do you learn if you dont ask questions?
p
xx

[pepsie]

Re: Equita Notice Of Seizure

Debtfix.....you have made considerable effort in the attempt to basically tell everyone their problems are solved if they 'shout' there is nothing 'new' in your post it is merely your version of all the advice that has been given to posters for many a year,

I think you will find the advice I posted has been tried, tested and seen to achieve results and it was all done quietly with a minimum of fuss. I am very comfortable with my methods to resolving these 'happenings' and could if I so wished boast extensively on the sucess rate resulting from them.

I prefer to be constructive and explain simply, the options available to those not accustomed to the 'world of bailiffs' then allow the poster to formulate their own opinions to what could be seen the best way forward for them, I do this taking into consideration not everyone wants to 'tally ho' and be the leader in the hunt and witness to crucifiction of the Councils and Bailiffs and that it is more likely they only want help, guidance and comfort to their personal predicatment as opposed to using the situation as a platform to 'rant'.

Pepsie

[bluebottle]

Re: Equita Notice Of Seizure

Apathy is the bailiff's best friend. Debtors who use sites such as LB are amongst their worst enemies. A bailiff was on a television news report back along moaning about the lack of business because of the "bloody information forums on the internet". There are some police areas where bailiff misconduct is not tolerated, but this needs to be changed. However, thanks to the current Home Secretary having succeeding in turning the entire British Police Service against themselves and H.M. Government, the "It's a civil matter" mantra may well change to "Sod it. Let's nick the scrotes," where bailiffs are concerned. The last thing a politician does is turn the police against themselves and the government of the day.

[elffie]

Re: Equita Notice Of Seizure

thanks again, though some of the replies do blag my head and I guess thats where the bailiffs get you .

Right so I have sent a letter to Equita to request the fee breakdown, though I will be back when they send it as I dont do percentages well lol

So my question for today is....

If I make a payment online to the COUNCIL and print out a receipt is the Notice still valid ? as the amount is therefore incorrect? just that I am having problems moving the bikes and they are still here sat looking tasty to the bloody bailiffs

thx

[teaboy2]

Re: Equita Notice Of Seizure

The amount is likely incorrect anyway due to the fees the bailiff have added. As worked out by bluebottle earlier in the thread all that should be owed is 651 not 900 odd that they are asking you for. Though by all means, pay the amount originally owed to the council and print of the receipt to show as that will then clear the council tax debt and leave the bailiffs with just their fees, which are likely unlawful.

[Debtfix]

Re: Equita Notice Of Seizure

Dear Pepsie

I am sorry to have ruffled your feathers, and I do go on a bit on this subject because I object to fat cat bailiff managers flying around my city in a helicopter for which every beat of those blades is paid for by people who are struggling to get by. Actually he doesn't anymore because he retired a bit ago, but you get the point!

A poster who comes to this site has the option of reading a large number of posts to gain a wide level of advice when often the bailiff is knocking on the door and immediate practical advice is required. Each bailiff will carry a list of the charges and the various statutes that allow those charges to be made. Sending a letter to the bailiff firm asking for confirmation allows the bailiff to win. After all he is there on the doorstep, lying his head off about his powers and relying on all the myths and stories that accompany these people wherever they go to defeat, demoralise and destroy our friends. Whenever I write to the bailiffs it takes an SAR under the DPA 1998 and a complaint to the ICO to get an answer! I even tried the CSA (not that one the Credit SErvices Association) but they felt unable to help.

I make no apology for being willing to take position in the front line. After ten years battling with this scourge I have first hand experience of how these attacks leave families and children distraught, fearful, broken and I do not want my city, or yours, to have people living in such a hell over money. My city has a budget of £500,000,000 and an outstanding council tax level of £6,000,000, or less than 0.012% of the budget (if my maths are right). No attempt is made to ascertain whether the people thrown to the bailiffs are vulnerable financially. No one says "well why don't you pay?". The bailiffs are the primary reason why once in debt a debtor STAYS in debt. This is where the principle of the "Circle of Debt" works to keep bailiffs in our cities. In a civilised society there is no need to terrorise young and old in this way. The European Court of Human Rights ruled that councils had a duty to exhaust all alternative strategies to bailiffs before sending them in to collect. Attachment to earnings orders are considered more often in my city after I threatened to use a Debt Relief Order to bankrupt the bailiff targets. Such actions lose the city money but more importantly shut out the bailiff and the profits he makes from poor people.

I get angry, very angry at the inequalities some of us suffer. But it makes little difference if we sit in our associations and talk and talk and fail to take action.

My MP got me onto the list of respondents for the MOJ consultation paper on bailiff action. I hope I made a meaningful contribution to the debate. That is what I mean about shouting out. We live in isolation separated from our neighbours. We do not know what it is like to be them, or to have their fears and doubts as millstones around their necks. We English are easily divided and ruled because of this characteristic of our nation. The Nazis came to power because of fear in the ranks. Fear to speak out. I'm not saying that the bailiff question approaches the Nazi actions but all too often on this site and elsewhere the term bully boys is used to describe bailiffs.

Pepsie I don't care if your approach is to quietly attack the problem; I am over the moon that you have gotten excellent results. But sometimes you need to shout out to get the general message out there that bailiffs can be beaten back. People come here to this site because the bailiff is at the door. Most of the posts I have read from newbies say that the bailiff is coming tomorrow, or the next day. There isn't necessarily time to formulate opinions, to understand the ins and outs of the situation. I am not trying to offend you further only asking that there be room for the two of us to go about this mission in our own way.

Opening the debate wider I would like opinions (ok new thread should be coming up here) on the following.

I am doubting myself.

The Tribunals Courts and Enforcement Act 2007 schedule 12 part 2 has a series of definitions one of which is worrying me. It is the definition of premises. These are now taken to mean a vehicle, plane, hovercraft, etc., and, as before, any place. The act gives the bailiff (or Enforcement Officers to give them their modern title) the power to take control of vehicles on the highway. There immediately springs to mind the question of whether a house driveway also comprises as highway or private land. I tend to think a drive way is on private land not forming part of the highway. But it appears to me that bailifffs see a vehicle and take control of it wherever it is found. However Judge Advent (London Central County Court 8CL51015 culligan v marstons) shows that there are three essential steps to a lawful levy. He referred to a definitive set of law books and provided references. I have asked the court to supply me with a trans-script which should include all these references so that I can develop the argument further. Be that as it is if peaceable entry to the debtors premise is required in order to carry out a levy does it not follow that if the EO does not gain peaceable entry to premise(s) ie a vehicle, or house then that levy cannot be lawful and therefore cannot be enforced or used as lawful reason to re-enter the debtors premises.

There are parts ot the TCE act that were not passed into law by Parliament and I do not know which parts these were.

As you will know a county court judgement is not binding on any other court and does not set a precedent binding on other courts but in this particular case the Judge was very careful to refer to higher legal authority which details the steps to be taken in successfully and legally achieving a levy on a debtor's goods. In pointing out, as it were, the law of the land he has provided valuable information that goes beyond case law. Evans v South Ribble Borough Council 1991 concerns a levy which was effectively done by the bailiff viewing goods through a window and then posting the levy through the letter box. The levy was held to be unlawful. So what is the difference between that and securing a levy on a vehicle parked outside a house on the highway or on a driveway? The TC&E act defines a vehicle as a premise and the reference I haven't got (yet) requires entry onto the premises physically by the bailiff in order to enforce the levy.

This is an important point because bailiffs being the lazy people that they are, may be short circuiting the proper legal process to a levy by just relying upon the provisions of the TC&E act without giving regard to the whole legal procedure. (What bailiffs exceeding their powers NO it can't be).

My hands are tied until I gain access to this judgement of Judge Advent and the references it contains but is there some else interested in this issue that could help me with this line of research?

C'mon Pepsie this is the quiet, intellectual, venerable approach that you are so good at while this hothead over here crashes around like a bull in a china shop. What do you say.. interested? Somehow we have to defeat this legal theft of motor vehicles. They may clamp them but taking them away to sell ... I don't think they have the right.

[elffie]

Re: Equita Notice Of Seizure

so today is the day ? I think lol

Got the notice on friday so im assuming that 5 days is today

Anyway I have sent a letter off to Equita. posted sunday, for a breakdown in fees

I have paid £450 in total on 11/6/12 to Coventry council via website. This will take total paid up to £650

Hopefully this will put a seize on the notice and WHEN they do send the breakdown I can clear the remaining amount, less any willy nilly fees they added on


Bikes are still here as have no where to store them, though partner has gone to work on his today

[ploddertom]

Re: Equita Notice Of Seizure

I doubt very much the Bailiff will remove anything if he even turns up - it is usually too much trouble for them to organise, they are relying on the threat of removal for you to produce the cash.

[elffie]

Re: Equita Notice Of Seizure

I doubt very much the Bailiff will remove anything if he even turns up - it is usually too much trouble for them to organise, they are relying on the threat of removal for you to produce the cash.

Well they only getting the cash we owe and I know we dont owe much more, just waiting on the council giving us details of the original liability as I know there is only one. The rest of the councils balance, if there is any, will be paid direct to them. Then I will look at what to pay the bailiffs.... sweet FA if i have anything to do with it lol

Have to say the advice on here helped no end so a big thanks to all

[elffie]

Re: Equita Notice Of Seizure



UNBELIEVABLE !!! :tinysmile_hmm_t2:

so I paid £150 total to equita via their online payment

then I paid £500 directly to the council via their online payment

requested a breakdown of charges from them as advised

Heard nothing or saw nothing from the seizure. Had nothing from them till today !

Got a letter

24HOUR REMOVAL NOTICE

blah blah visit in next 24hours blah blah Additional charges in excess £200 added...more blah blah


Have just emailed them and told them I have paid VIA council website AND that they hadnt replied to my request for charges breakdown! man I really hope they come for the stuff, and I hope im in !! Cos right now I am fuming


any advice ? lol

[Guest]

Re: Equita Notice Of Seizure

I havnt read your thread in its entirety, but i suspect the bailiff has stuck the note hanging out of your letterbox to give you a nudge and prompt you for more money.

Get the balance of arrears paid online to the council and get a receipt showing the balance is clear. That has discharged the liability order.

The £150 already paid online to equita, may be a lost cause. It probably went straight in the bailiffs pocket under the guise of 'fees'.

[ploddertom]

Re: Equita Notice Of Seizure

I can probably guarantee the Council has not informed the Bailiffs of your payment. If you are struggling to get the info from the Bailiffs ask the Council as they are 100% liable for the actions of their contractors.