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Equita & Birmingham City Council Issue -Help Please

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  • Equita & Birmingham City Council Issue -Help Please

    Hello, am new to the site and first of all just wanted to say, what a great site you have here.

    I was wondering if anyone could help me out with an Equita/BCC issue please......this relates back to some unpaid CT from 2006. Basically my wife and I moved out of a rented prop thinking that our CT was up to date. We were then contacted by bcc about 18 months ago chasing us for £900 originally. We disputed this claim and in short the dispute has been ongoing ever since. Evey step of the way we have co-operated with bcc and provided them with whatever info and proof that they have requested to prove that we didn't live at the property for the period tht they were chasing for. During this period and before the dispute was settled, bcc passed the debt to Equita....who in turn wrote to us for payment, this resulted in us contacting bcc to explain that the acc was in dispute so they took the acc back from Equita and reduced the amount to £600 as they confirmed that at the most we were only liable for 6mths ct not 12. We were still disputing the amount and there was much correspondence between myself and bcc. During this time, bcc then passed it back to Equia again despite us co-operating and proving that we weren't liable for that total amount. Finally the dispute was settled in our favour and the account was agreed at £362.55. At this point I started to receive letters from bcc explaining what we owed and leading us to believe that we could pay them directly but at the same time a lady from Equita started coming out to our property and writing to us. I have tried to offer her payment and explain that I have just started a new job so have asked for an extension to pay until November 7th as that's when I get paid but she is adamant that she won't accept that. I have advised her of the situation to date and how I have co-operated with bcc to date and really how it shouldn't have ever been passed to Equita because it was in dispute and in fact the final amount has been disputed in my favour but she's not interested in this. At this time I called the bcc call centre (which I have now found out are owned by the same company as Equita) and asked the council to take the acc back from Equita and could I pay them directly. They asked me to put this in writing and I'd hear within 2 weeks . I duly did this and waited.....during this 2 weeks period the lady from Equita called out to my property again, I wasn't there but she put a letter through the door which included a Notice of Seizure and Inventory of Goods. The notice has details of my car on it, which was parked on the drive at the time and the total amount owing has gone up by £233.50. I called her the next day and tried to explain my situation and that I was waiting for a reply from bcc and I was having to wait 2weeks for that but she wasn't interested at all and simply kept saying that she hadn't been notified that the council had taken the acc back. I pleaded with her to allow me to pay on 7th November but she constantly said no. I explained that my car was worth less than even the recently added fee so that if it was taken and sold, I'd in fact still owe them more and that would leave me not being able to get to work. I also asked her what the charge was for and all she'd say is "costs". She simply wasn't interested in my offers to pay on 7th and just kept saying "no sir, that won't be okay". She said that I had until Friday(tomorrow) to get together £596.05 otherwise the car would be taken and another fee would be added at the point too.
    I am at my wits end knowing what to do.....I eventually got to speak to someone directly at bcc today rather than the call centre and he said he'd speak to someone from that dept about taking the acc back but he couldn't promise anything......suffice to say I've not heard back from him.
    In short I really don't know wht to do.....I cold probably afford to pay her £100 tomorrow but am worried she'll take that payment but then it won't halt action so I'll be worse off. If anyone can offer any advice at all on what to do please I'd be really grateful.
    Many thanks :o)
    Tags: None

  • #2
    Re: Equita & Birmingham City Council Issue -Help Please

    You have already established that part of your problem is the stitch up between Equita & their parent company Capita who administer BCC back office procedures. The other downside is that everything you have done so far has been over the phone whereby all will be denied that has gone on between you. It is true that the Bailiff is not interested in any dispute you have with the Council and they are there to collect regardless even if the Council are advising different amounts.

    As for your car. If you look at the Notice of Seizure there should be listed the actual charges the Bailiff has made to date - could be on the back. What sort of value would you put on your car? The reason for asking is that you say it may not be worth much, if you owed £360+ then add the fess to that then you are looking at in excess of £550 and for a car to make that much at auction it should really be worth £5k as seized goods by Bailiffs sell for approx 10% of their value at auction. They don't really want to remove it as the removal & storage costs etc will be more than what is presently owing. Goods removed for auction must:
    a - cover all the Bailiffs fees
    b - cover the costs of removal & storage
    c - cover the costs of the auction
    d - cover the Auctioneers fees
    e - pay a proportion of the debt owing
    In reality I would say the Bailiff has levied on insufficient goods in order to gain a fiancial advantage for themself and their company.

    As for the fees, even if she attended for 2 prior visits and allowing the Visit Fees they can charge £42-50 it is easy to work out that the levy fee charges is not the extra cost they are claiming. If you go to http://www.legalbeagles.info/forums/...Useful-Letters use Letter 1 to send off for a proper breakdown, send it initially by email followed by a copy in the post.

    If it were me I would also move the car for the time being. If you do make sure it is well out of the way and if possible under cover.

    Comment


    • #3
      Re: Equita & Birmingham City Council Issue -Help Please

      Hi PlodderTom,
      Thanks for getting back to me so promptly. I have sent that letter off to them via email this evening, thank you.
      would you advise ringing the lady from Equita to offer her a £100 payment in the morning or not? I am going to move my car first thing too.
      cheers

      Comment


      • #4
        Re: Equita & Birmingham City Council Issue -Help Please

        There is nothing wrong with paying £100 tomorrow, but pay it direct to the council using their online service or automated telephone service. That way you will bypass Equita.

        Comment


        • #5
          Re: Equita & Birmingham City Council Issue -Help Please

          Thanks Labman. If I pay direct to the council though can Equita still keep coming out and can they keep adding charges on? Do I need to tell the balliff that I've paid the council? Sorry for all the questions.

          Comment


          • #6
            Re: Equita & Birmingham City Council Issue -Help Please

            Originally posted by Beetleboy1 View Post
            Thanks Labman. If I pay direct to the council though can Equita still keep coming out and can they keep adding charges on? Do I need to tell the balliff that I've paid the council? Sorry for all the questions.

            The Council should notify the Bailiff of any payments you make - although it may take them a week or so to do so. Yes it may upset the Bailiff by doing this but so what, if it were me I wouldn't bother informing them myself. The Bailiff can & will still attend regardless of who you pay but providing you deny him access to your home or otherwise prevent him levying on goods outside he is limited to what he can charge. After a while he will realise he is getting nowhere & eventually hand the account back to the Council & if you have history of payments then the Council are then hard pushed to take any further action. Nothing happens overnight and it could take 3 months or more for the Bailiff to get fed up.

            Comment

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