Equita and council tax help!

[sarahemm]

Hi everyone,

I wouldn't normally post a question on a forum without introducing myself first but I'm really stressed and it's urgent.

I got home from work early today to find a hand-delivered letter from Equita saying "Payment due in full - 24 hours" Going on to say "No further arrangements are acceptable and payment is now required in full by CLEAR FUNDS ONLY". Also said a few other threatening things in the letter to do with removing my stuff, etc.

The truth is that I am a complete idiot and owe the council £985 plus court fees, just from sticking my head in the sand and ignoring letters for nearly 5 months. So it's entirely my fault that I'm in this position, but money is very tight.

I rang the council and spoke to a nice-sounding woman who said that I can't pay them directly and I have to make arrangements with the bailiff.

I rang the bailiff and he said I have to pay approx £1450! I challenged this sum (can't remember exactly how much he said, it was in that region) and said that I thought they could only charge £24.50 for first visit, £18.50 for second visit. He bluffed a bit and said that the rest would be fees for him to come round and take an inventory in the event that I renege on any payment plan I make. I finally got him to admit that the amount I actually owe right now is £1,153, which breaks down as: £984 council tax
£125 court fees
£42.50 for 2 bailiff visits (I don't recall there being another hand-delivered letter but I wouldn't bank on that so I won't quibble on this)

He said I could have until Monday to pay £1,153 in full, otherwise he will come over, take an inventory and charge me approx £300.

Is this reasonable? Is there any way I can get the council (Lambeth) to take the debt back? I'm not a vulnerable person unfortunately, just young and not earning very much. The most frustrating thing is that, while I've no chance of getting all the money by Monday, I could prob scrape it together by the 30th - a few friends owe me money and I get paid then as well. I told him I could pay 500 this Mon and the rest on Friday 30th, but he said that still counts as a long term arrangement and he'd still charge me the larger amount. Help please! I want to know if this huge charge for taking an inventory is lawful.

[bluebottle]

Re: Equita and council tax help!

What Equita and their numbskull bailiff have told you is total crap. You will also find the person you spoke to at London Borough of Lambeth was not a LB of Lambeth employee, but an employee of a private company called Capita PLC, to whom a number of local authorities have outsourced their Revenue & Benefits Departments. And it just happens that Capita owns Equita. See the link?

Unless LB of Lambeth has a court order requiring you to pay the £985 in full forthwith, Equita cannot force you to pay an amount you cannot realistically afford to pay in one lump sum. You did the right thing challenging the fees with this numpty. He cannot charges the fees he is demanding without proving he has lawfully incurred them. Also, he cannot charge fees for work he has not yet carried out. I would ask for proof of the two visits he claims he has made. Ask for times and dates and then check with neighbours. If he is lying (As you have discovered, certificated bailiffs lie.), he is in serious trouble. Technically, he could be prosecuted for Fraud by False Misrepresentation, but it would be more likely that he would put his bailiff's certificate and, consequently, his livelihood at risk.

The fees for CT are regulated by the Council Tax (Administration & Enforcement) Regulations 1992 (as amended) and the bailiff cannot deviate from the fees schedule contained within the statutory instrument.

You can use internet banking or LB of Lambeth's automated payment system. Make sure you make regular payments as this makes it more difficult for a local authority to justify enforcement or going back to court.

Remember, you don't have to let the numpty into your home. He can threaten to huff and puff and blow your house in, but unless you let him in, which I would advise against, there is very little he can do.

Equita is currently the subject of a formal investigation by Northamptonshire Trading Standards into their fees. I would, in the first instance, report this matter to the OFT's Credit Fitness Team as what the numpty is doing puts Equita in breach of their OFT Debt Collection Licence. I am attaching a document which takes you through the process of making a complaint against a bailiff company. Make sure you include the following information in your complaint -

Company Name: Equita Limited
Credit Licence No.: 483020

Do that tonight. Next thing, if you have the name of the bailiff and details of the court that issued his certificate, check the Certificated Bailiff Register on the MoJ website and see if he currently certificated. Even if he is, write a formal letter of complaint to the District Judge at the court that issued his certificate asking if the DJ requires you to submit a Form 4 complaint. Please be aware, however, that a court can revoke a bailiff's certificate without requesting a Form 4 complaint or holding a formal hearing. This has happened to a certificated bailiff in the last 12 months.

[sarahemm]

Re: Equita and council tax help!

Thanks so much for taking the time to post such a comprehensive reply Bluebottle. I've had a look at the document you attached. So the actual content of my complaint is, I guess, the fact that he tried to claim that I owed more money than I actually do. I will send it off ASAP.

Perhaps if I go to the council office in person on Mon (it's 5 mins from my house) I will be able to talk to an actual employee about paying them directly. I cannot believe that link between Capita and Equita - that's completely outrageous!

[bluebottle]

Re: Equita and council tax help!

Thanks so much for taking the time to post such a comprehensive reply Bluebottle. I've had a look at the document you attached. So the actual content of my complaint is, I guess, the fact that he tried to claim that I owed more money than I actually do. I will send it off ASAP.

Perhaps if I go to the council office in person on Mon (it's 5 mins from my house) I will be able to talk to an actual employee about paying them directly. I cannot believe that link between Capita and Equita - that's completely outrageous!

It causes a lot of problems, Sarahemm. You would be better paying the council via internet banking or their automated payment system. This saves a trip to the council offices and the aggravation of dealing with Capita employees who refuse to accept payments. Pay as much as you can realistically afford into the account each week. This builds up a payment history. Bailiffs should only become involved as a last resort. Unfortunately, with Capita getting involved, they are covertly dictating policy of a democratically-elected local government body. The word for it is corruption. My personal opinion is that the more people who find out what is going on and put pressure on their local councillors and MPs to terminate Capita's contracts, the better.

[ploddertom]

Re: Equita and council tax help!

Is the total you listed what you owe as confirmed by the Council? Try & stay off the phone to the Bailiff unless you can record the call - they have very selective memories on recall. The most important thing to do is NOT to let him in your home. He may give allsorts of reasons why but in essence he has no powers to come in. He will indeed threaten the end of mankind as we know it - locksmiths, Police, prison - all threats but he can do none of them. As he is confused by what he can charge you should send off for a breakdown of his fees - use Letter 1 http://www.legalbeagles.info/forums/...Useful-Letters .

Then there is Rule No 1 - Bailiffs Lie

[bluebottle]

Re: Equita and council tax help!

Rule No. 2 - See Rule No.1

[sarahemm]

Re: Equita and council tax help!

Hi Bluebottle and ploddertom,

I followed your advice and wrote a complaint letter against Equita. I was dithering today about whether to start paying money into the council tax account directly, but I rang the bailiff company to try and settle it with them one more time. Whereas before they refused to let me make any part payments, this time I stated that I would be able to pay £200 today, and the remaining balance of £935.61 on December 1st. The bailiff basically said 'ok then' and gave me their bank account details. I asked if I should confirm this arrangement in writing, and he said no, it should be fine. The amount covers the original tax, £127 court fees and £24.50 for one bailiff visit. So it's a fair quote. I haven't paid the money yet because it was suspiciously easy - given that I spoke to the man on Friday and he was rude and deceitful, I'm a little concerned that he's now basically rolled over and accepted my proposal. If I can sort it out like this it would be a lot easier than making payments to the council and dodging Equita all the while. But there must be a catch?!

[bluebottle]

Re: Equita and council tax help!

I am wondering if he has been following this thread and realised what an ****hole he is. Also, don't forget Equita is under formal investigation over its fees and a large number of complaints have been lodged against them with OFT Credit Fitness Team. So I am wondering if the backsides of Equita's senior management have started emitting tuneful sounds and they have told their brainless employee to stop behaving like a muppet.