Equita Council Tax Notice of Seizure

[star123]

Hi guys,

was wondering if anyone could help! My mother has a dispute with her local council regarding her council tax, she is currently liasing with her local MP to sort out the problem as they have been conducting their work in a unlawful manner and even her MP agrees that this is wrong. Due to this dispute my mother has refused to pay until the dispute is settled but since then the council have contacted Equita Bailiffs to collect the debt. Equita keep coming to my mothers home every day and dropping three letters at a time with big red writing stating she has 24 hours to pay the full amount. My mother has written to Equita stating that she is in dispute with the Council but she hasn't heard anything since. Two weeks ago I was visiting my mothers home and my car was parked outside her home (not in the driveway) but on the street itself and they put a letter through the dorr along with a "Notice of Seizure" stating that they are going to seize my car within 24 hours. I have since left my mothers home and they have visited every day since posting their usual 3 letters a day stating she has 24 hours to pay. Today they posted a letter through the door at 7am alongside a "Notice of Seizure" stating they are going to seize my mothers car within 24 hours. How do the bailiffs know whos car belongs to who? Is the DVLA giving them this information? Is the notice of seizure the same as a levy?

Please if someone could help as I do not want them to turn up at my home and take my car if they have been given my details by the DVLA or something!

[bluebottle]

Re: Equita Council Tax Notice of Seizure

Hi Star123,

A few questions -

1. What has the local authority done that is unlawful?
2. Did your mother receive a Final Reminder from the local authority?
3. Did your mother receive a Magistrates Summons?
4. Did your mother receive notification that the local authority had obtained a Liability Order against her?

If you can answer these questions, it will be easier to advise you.

BB

[ploddertom]

Re: Equita Council Tax Notice of Seizure

You say 3 letters, this seems to suggest 3 Liability Orders.

[bluebottle]

Re: Equita Council Tax Notice of Seizure

Or Equita are taking the p*ss.

[IanM]

Re: Equita Council Tax Notice of Seizure

It will be Equita taking the ****! I have letters from Equita threatening to "REMOVE goods even in your absence", they never actually came back for a few weeks but they did sneak past and post another removal notice with the same threats. The council have the opinion that they are always right and if you dare question them they send in the bailiffs to harass and intimidate you into paying!

Or Equita are taking the p*ss.

[wales01man]

Re: Equita Council Tax Notice of Seizure

I have no wish to upset the OP.but i must ask what is the dispute with the council that causes this lady to withold CT. payment if it has nothing to do with the council tax bill im sure they are legally entitled to pursue the debt please dont think i condone any bailiffs actions i hate and despise them as much as otheres on here but we all know the actions taken by councils for non payment if more info is forthcoming im sure more advice from those on here will follow,i wonder why the MP hasnt done more?

[ploddertom]

Re: Equita Council Tax Notice of Seizure

being in didpute with the Council of your CT Bill is not a defence to withhold it. You are still supposed to pay and if when all is sorted you have paid too much then the Council will give a credit to the next bill or will refund on request.

[bluebottle]

Re: Equita Council Tax Notice of Seizure

Whether the OP's mother is justified in withholding her CT or not, it would help if we knew exactly what it is that their mother deems unlawful for her to withhold CT.

[star123]

Re: Equita Council Tax Notice of Seizure

Hi sorry for the late reply,

Basically last year we had 3 major deaths in my family so my mum was out of the country for large periods of time, 10 weeks, 8 weeks and then 6 weeks, when she came ack properly you as you could imagine the bills had piled up. My mums council tax bill was "outstanding" so without thinking about it she paid on the automated system the whole bill at once, during the time my mum was away the council had instructed Equita to collect the debt they kept coming back to her saying she is still responsible for paying the bailiff charges and my mum refused. But then I think my mum had a "AHA" moment when she remembered that she had a direct debit set up with the council for her to pay her council tax and she went to her bank and they confirmed that the council had already taken the full council tax balance already by direct debit a few months ago so basically my mother paid them twice. So my mum rang up the council and they told her to come down to their offices and bring a copy of her bank statement with her so my mum did, the lady must've copied her bank statement even though my mum said all you need is the payment reference number but she INSISTED that she had to copy the whole thing, so my mother was in a bit of ddistress because as you know bank statements contain your personal bank details etc etc So a few days later the counclil wrote back to my mum with a cheque with the refunded balance. About a month later my mother got ANOTHER letter from Equita saying they want their charges of £390 and my mother wrote back to them saying that the "debt" was not her fault and error of the council, So within that same week my mother got a letter from Equita with a copy of the SAME bank statement that she had given the lady at the council proving that my mum had the means to pay their charges! Now from where we are standing are upset with the council for giving out my mothers personal information like that. So now the bailiffs at Equita know my mothers account no. sort code, who she pays money to, her employer details EVERYTHING and guess what about a month after that my mum was informed by her bank that "suspicious activity" has been occuring on her account so they froze her account.

So we all we want is a full explanation from the council as to why they have done that and all know since September 2011 we are waiting for this same person to call/write us back.

[star123]

Re: Equita Council Tax Notice of Seizure

Yes she has 1 liability order, that the council notified her and sent to her and no summons from Mag Court yet

[bluebottle]

Re: Equita Council Tax Notice of Seizure

Hi Star,

There are a number of things that need to be done in your Mum's case. The LA has wrongfully obtained a Liability Order against your mum and they need to have this quashed. This should do this immediately. As such, Equita aren't entitled to a single penny in fees due to the status of the Liability Order.

I think you will find that it is not the council who provided the copy of your mum's bank statement to Equita, but a company called Capita who own Equita and run back-office functions for about 16 councils around the UK.

The person you need to write to at the local authority is the Chief Executive, not an underling. What has happened is very serious. In your letter to the CE of the council, you need to explain what has happened and that the underling has not responded to correspondence. The first thing the council must do is apply to the magistrates court immediately for the Liability Order to be quashed as there were no grounds in law for a Liability Order to be granted in the first place. The issue of the copy bank statement ending up in Equita's hands and the attempt to withdraw money from her account without her authority is the more disturbing and more serious wrongdoing than the Liability Order and this would be better dealt with by the police and Information Commissioner's Office (ICO). However, I would give the CE of the council seven calendar days in which to sort this out.

The appropriate page on the website for the ICO is at www.ico.gov.uk/data_protection.aspx. Give them a ring first on 0303 123 1113. Incidentally, the ICO has the power to fine organisations up to £500,000 for breaches of the Data Protection Act 1998.

You should also make a formal complaint against Equita to OFT Credit Fitness Team at enquiries@oft.gsi.gov.uk. Insert CREDIT FITNESS into the subject box. Give a clear and concise resume of your complaint. You will need to include the following details in your complaint -

Company Name: Equita Limited
Credit Licence No.: 483020

You should sent a copy of the email to OFT Credit Fitness Team to your local Trading Standards Department, along with a formal complaint to them.

Try and get this resolved without involving the police, but please bear in mind that, at the end of the day, your mum may have to pass the matter to them.

BB

[star123]

Re: Equita Council Tax Notice of Seizure

Oh thank you! We have issued a complaint to the OFT Fitness Team and the financial ombudsmen but it seems like they are just brushing this over especially the financial ombudsmen who keep passing us on from person to person.

But we will take the route that you have suggested. Thank you very much. I will also advise my mum to just pay her council tax for this year but as you know mums can be very stubborn lol

Thank you!

[star123]

Re: Equita Council Tax Notice of Seizure

Regarding the cars have Equita put a levy on the cars because they have posted through notice of seizures

[bluebottle]

Re: Equita Council Tax Notice of Seizure

OFT Credit Fitness Team have received a large number of complaints against Equita in the last few weeks, some of them of a serious nature. Your mum's case would fall into the "serious" category. OFT have to wait for a number of complaints to be logged before they will take enforcement action. Although you may have received what may seem to be a brush-off, please let me assure you that it will not be ignored. Once OFT have enough complaints, they will take enforcement action. FOS is not appropriate in this case.

Getting the council to have the LO quashed is the first priority. Equita are on dangerous ground, legally, in any case, and once the LO is quashed they will be effectively castrated and unable to do anything.

You might wish to speak to a solicitor about this matter as they may be able advise as to legally restraining Equita.

[star123]

Re: Equita Council Tax Notice of Seizure

Oh ok we will definitely do that! I cant believe these people are allowed to do this, I've advised my mum to move her car and just keep the doors locked until we've heard back that action has been taken.

Can Equita access the DVLA records? Because from that they will be able to get my details as they have sent us a notice of seizure for my car also.