• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Equita bayliff problems Im 38 weeks pregnant and very stressed :/

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Equita bayliff problems Im 38 weeks pregnant and very stressed :/

    Hi

    A bit of background on what's happened I moved house last July I get council tax benefit and I put in a new claim for council tax benefit to be changed over to my new address. They never did change the council tax benefit over despite me going into the office to do this twice! They kept sending out bills which were for the wrong amount this went on for months. I did make payments but they weren't enough so I fell behind.
    Unfortunately in January I had to move again as my landlord gave me notice and had to go through the whole process of trying to change the council tax benefit over again. I was in my new property by this point and did get a letter at this address saying I was being taken to court for my previous address.

    I rang the council to sort it out and was so relieved when they set up a payment plan for me at £21 a month. I owed £102.00 well fast forward a month and it turned out they had set up a payment plan for my current address and not my previous address! I only found this out when I got a letter saying I had been taken to court and incurred £65 court charges.
    I rang the council numerous times and had to do the council tax benefit claim online in the end I didnt know I could do this until a friend told me and it finally got sorted out.
    By now I had the bayliffs at my door demanding £170 I put in a dispute with the council over this debt and the court costs this was in May. The bayliffs have been coming to the house every two weeks since May I have never let them in or spoke to them.
    I did phone Equita direct and they wanted £100 before they would set up a payment plan I told them I could not afford this and paid them £40 which they reluctantly took but would not set up a payment plan with me. They then wrote to me saying I defaulted on payments but I didnt because they refused to set one up.

    I finally got a response off the council last week from my complaint in May and they said they have reduced the debt to £98.50 because of the 'circumstances' but mentioned nothing about what Im meant to do about the bayliffs. Equita came around again today banging my door down I ignored them I kept trying to speak to the contact officer who sent the email about my complaint but he would not take my calls. I spoke to a woman in the end who was a total cow and said I must pay the bayliffs the £300 they said I owe I point blank told her I wasnt paying a thing to Equita as the £300 they are asking for is illegal as they havent even done a levy.

    The council have basically admitted they have messed up their end on the email they sent me. Ive wrote them both letters today I told Equita I am paying the council directly and will not deal with them and Im 38 weeks pregnant and if they continue to pursue me in this bullying manner Im contacting my MP. I have wrote the same sort of letter to the council and made an online payment to them today.

    Am I going about this the right way? sorry for long post but felt i needed to tell everything for your help.
    Tags: None

  • #2
    Re: Equita bayliff problems Im 38 weeks pregnant and very stressed :/

    DO contact your MP, and ask her/him to refer the matter to the Public Services Ombudsman - who can give you compensation.

    You may also want to take out an injunction restraining this harrasment. I'll post a guide to how to do this on your thread over the weekend.

    Comment


    • #3
      Re: Equita bayliff problems Im 38 weeks pregnant and very stressed :/

      Thankyou so much for your prompt response I can not tell you how stressed out this has made me the last few months Ive never got into debt before like this.

      Comment


      • #4
        Re: Equita bayliff problems Im 38 weeks pregnant and very stressed :/

        This link may help too:

        http://www.legalbeagles.info/forums/...67-Council-Tax

        Springer's advice to contact your MP is excellent. If you have a good local councillor, they can be very helpful too. Certainly the letters in the initial link should help to get the bailiffs off your back. If they don't, post back up again. Make sure you point out your vulnerability and refer to the National Standards for Enforcement Agents.

        Comment


        • #5
          Re: Equita bayliff problems Im 38 weeks pregnant and very stressed :/

          In addition to Springer Spaniel's advice, I'm posting a copy of the Protection from Harassment Act 1997 and Court Form PF39CH. The form is the one used to obtain an injunction. The Act will show just what the courts can do if the council breached an injunction. I would also make a formal complaint to the OFT Credit Fitness Team against Equita. I am attaching a document that will take you through making the complaint. You need to include the following details in your complaint -

          Company Name: Equita Limited
          Credit Licence No.: 483020

          Also attached are copies of the National Standards for Enforcement Agents, Council Tax (Administration & Enforcement) Regulations 1992 (as amended) and OFT Debt Collection Guidelines. The OFT Guidelines will enable you to play "Spot The Breaches". This means you identify which parts of the Guidelines Equita has breached and then list them in you complaint.
          Attached Files
          Life is a journey on which we all travel, sometimes together, but never alone.

          Comment


          • #6
            Re: Equita bayliff problems Im 38 weeks pregnant and very stressed :/

            Sorry, had to attach files onto second post.
            Attached Files
            Life is a journey on which we all travel, sometimes together, but never alone.

            Comment


            • #7
              Re: Equita bayliff problems Im 38 weeks pregnant and very stressed :/

              hey hun,

              listen to what my friends above have said, and make sure to take time for you now.

              at 38 weeks pregnant you need all the sleep and relaxation you can get, cos when baby arrives, life goes in to fast forward but its fun!
              If I am correct, they should have taken one look at your bump and walked away as you are classed as vunerable, although my friends above will correct me if I am wrong.

              I'm not good with bailiff issues, but I am a mam of 3, and you don't mention if baby is your first, if you need any help or any advice with baby let me know and I will try and help, don't hesitate to PM me.

              keep your feet up as much as you can, and maybe have a word with your midwife about this too, firstly she can put your mind at rest with the baby's help, and secondly she might give you a medical note saying Don't stress this woman unless you know how to deliver a baby!

              So, are we going to be Uncles or Auntys or dont you know yet?? Don't forget to post up when the bundle is with you!

              much love

              p

              Comment


              • #8
                Re: Equita bayliff problems Im 38 weeks pregnant and very stressed :/

                I think if you go to the court with a verified witness statement and the form Bluebottle has posted here + you are visibly in late preganancy, you will get an ex-parte injunction straight away to stop the bailiffs calling on you or telephoning at unreasonable hours. You cna ask for contact only in writing so you can get help and advice by showing the letters ot a solicitor, adviser or your MP.

                If you are not working or on a low income, take proof of your benefits / income and ask for Form EX160 in the court office.

                At a later date, the court can award you compensation for the behaviour of the bailiff (s), WHATEVER THE SITUATION ABOUT YOUR COUNCIL TAX. The bailiff can also lose their certificate if you make a Form 4 complaint

                The local authority are in breach of their own guidelines and policies, they are also liable.

                Shoudl you be unfortinate enough to have any medical problems as a result of this, get and keep evidence of these.

                Comment


                • #9
                  Re: Equita bayliff problems Im 38 weeks pregnant and very stressed :/

                  Oh thankyou so much everyone I am going to do what you have advised tomorrow. They are such bullies I thought my door was going to come off the other day with how they were knocking it. Its embarrassing aswell having them at my door for the neighbours to see etc.

                  puffrose this is my third baby my other two are at school now Im on my own with the children , I do work but Im a low earner I have only just left for my maternity leave so as soon as the bayliffs knew I worked it seemed to make things worse for me in regards to how much money they were asking from me.

                  Really appreciate all the good advice you have given me and I will put these into action tomorrow.

                  Comment


                  • #10
                    Re: Equita bayliff problems Im 38 weeks pregnant and very stressed :/

                    In addition to Springer Spaniel's learned advice, Equita is owned by a company called Capita PLC who also own another bailiff company called Ross and Roberts. If you need to obtain an injunction I would include the following as the Defendants -

                    Your local council
                    Capita PLC, its subsidiaries, directors, officers, secretaries, managers, employees, servants and agents
                    Equita Ltd

                    Whilst I am pretty sure this should cover most angles, Springer Spaniel is more learned than I am and will, I am sure, add to or correct what I have said if necessary.
                    Life is a journey on which we all travel, sometimes together, but never alone.

                    Comment


                    • #11
                      Re: Equita bayliff problems Im 38 weeks pregnant and very stressed :/

                      Can I just add that I had a client approach me on Dealing with Bailiffs after she had applied for an injunction against a bailiff on advice of a lawyer, but it was later overturned and a costs order made against the applicant on the grounds the application is "an abuse of process".

                      The client was cautioned the application may be overturned and there is a small risk involved, so her lawyer had covered his back.

                      I have seen the order, but I didnt retain a copy, but I can ask the client for a copy if anyone wants to see it.

                      I took the client to the Local Government Ombudsman who is currently investigating.

                      Comment


                      • #12
                        Re: Equita bayliff problems Im 38 weeks pregnant and very stressed :/

                        Originally posted by Happy Contrails View Post
                        Can I just add that I had a client approach me on Dealing with Bailiffs after she had applied for an injunction against a bailiff on advice of a lawyer, but it was later overturned and a costs order made against the applicant on the grounds the application is "an abuse of process".

                        The client was cautioned the application may be overturned and there is a small risk involved, so her lawyer had covered his back.

                        I have seen the order, but I didnt retain a copy, but I can ask the client for a copy if anyone wants to see it.

                        I took the client to the Local Government Ombudsman who is currently investigating.
                        On what grounds did the bailiff allege that the injunction was an abuse of process, HC?
                        Life is a journey on which we all travel, sometimes together, but never alone.

                        Comment


                        • #13
                          Re: Equita bayliff problems Im 38 weeks pregnant and very stressed :/

                          It was abuse of process. I'll get a copy of the order & revert back.

                          Comment


                          • #14
                            Re: Equita bayliff problems Im 38 weeks pregnant and very stressed :/

                            tweetypie, how are you getting on ?

                            Comment

                            View our Terms and Conditions

                            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                            Working...
                            X