Good evening
Hoping someone can help! I was off work last Thursday poorly with my little boy when a van with cameras all over it pulled up. A big burly block knocked and advised me our number plate had just been picked up on his ANPR? camera in his van that our car has an outstanding penalty charge notice unpaid and he was there to recover the costs. I had not received any correspondence from Equita or anyone else to advise that they are now dealing with recovering the costs. He wanted £370.24 immediately. The PCN was for £80.
So far I have not paid. I have done as advised and sent Equita and council an email asking for a breakdown of the charges on the 31/01/13. I am still awaiting this but they have advise me today its been sent today! The bailiff is due to call back on the 23rd.
I am now in a position where I can pay the fine, however the additional £290.24 the bailiff is demanding is just unmanageable.
What do I do next?! how do I challenge equita about how the fees are not reasonable. As I have said I have never before the bailiff turned up had any letters etc from equita to advise they are dealing with this etc.
thank you
Equita pcn
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Guest repliedRe: Equita pcn
It is a government department - what more would you expect?Originally posted by CleverClogs View PostBecause faffing, twaddling and doing bugger all is what the Office of Faffing and Twaddling does best.
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Guest repliedRe: Equita pcn
Because faffing, twaddling and doing bugger all is what the Office of Faffing and Twaddling does best.Originally posted by bizzybob View Post"The guidance establishes that in the most serious cases, which include those where there is evidence of physical harm, the OFT will suspend a licence with immediate effect."
Well that should have taken care of Marstons then for their Category F licence? If not Why not?
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Re: Equita pcn
"The guidance establishes that in the most serious cases, which include those where there is evidence of physical harm, the OFT will suspend a licence with immediate effect."
Well that should have taken care of Marstons then for their Category F licence? If not Why not?
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Guest repliedRe: Equita pcn
I'd rather their CEOs were suspended - preferably by their dangly bits from a slowly rotating ceiling fan.
msl:
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Guest repliedRe: Equita pcn
This is probably what you've heard about:
http://www.oft.gov.uk/news-and-updates/press/2013/17-13
Attached Files
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Re: Equita pcn
Minded to Revoke is the first step towards revoking the licence. I believe DCAs have a right of appeal before they collect a Determination to Revoke and a further right of appeal to the Upper Tier Tribunal before their licence is finally revoked. I understand that there has been a recent change in the OFT's powers whereby they can go straight to suspension or revocation of licence. If this is correct, about bloody time!Originally posted by CleverClogs View PostBut, on the other hand, the Office of Faffing and Twaddling does not even act with the alacrity of a tortoise on Mogadon!
In May 2011 - link - the ornamental OFT stated that it was "minded to revoke" the licence held by the debt collecting parasites, Roxburghe UK Ltd.
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Guest repliedRe: Equita pcn
But, on the other hand, the Office of Faffing and Twaddling does not even act with the alacrity of a tortoise on Mogadon!
In May 2011 - link - the ornamental OFT stated that it was "minded to revoke" the licence held by the debt collecting parasites, Roxburghe UK Ltd.
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Re: Equita pcn
The majority of bailiff companies enforcing public debts, e.g. Council Tax, PCNs, hold OFT Category F Debt Collection Licences as a condition of their contract with whichever government department or local authority it may be. Equita hold such a licence. It is a breach of the licence to try to make a debtor pay more than they can realistically afford and to refuse any reasonable payment proposals, including payment plans. It is not for Equita to tell you what to pay without first assessing your means.
Equita have had a large number of complaints made against their tactics and breaches of their licence to OFT Credit Fitness Team over the past 12 months. It might be worth mentioning to Equita that a complaint will be made to OFT Credit Fitness Team and Trading Standards in respect of their overcharging and breaches of their licence. Fully expect them to deny they are subject to OFT regulation. The fact is that they are. For them to lose the licence would mean they would not be able to collect any consumer or non-public debt, which they do, and any public debt contract would be put in jeopardy of being revoked by the government department or local authority involved.
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Guest repliedRe: Equita pcn
Did you receive a response from the council?
To:
[Insert Name and Address of Bailiff Company]
Ref: Account No: 123456
Dear Sir,
Further to my letter of dd/mm/yyyy I received purely a random list of charges in response. I am in no way trying to avoid paying any lawful fees due to you, but am unwilling to do so until I am in receipt of all the information to which I am lawfully entitled. I hope this time for a full response to the questions below:
With reference to the above account, I would be grateful if you could provide me with a breakdown of all charges incurred.
This includes, but is not necessarily limited to the following:
a the time and date of any bailiff action that incurred a fee or charge.
b the reason for the fee or charge.
c the name(s) of the bailiff(s) that attended on each occasion a fee was charged.
d the name(s) of the Court(s) at which the Bailiff(s) was/were Certificated.
e the date of certification.
f the initial balance, and any amount currently outstanding on the account
This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.
I require this information within 14 days.
Yours faithfully,
Sign
[PRINT NAME]
I'd be interested to hear any response from the council about these charges before you send this though.
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Re: Equita pcn
I think the Head of Revenues at Southampton city council is someone from Capita! Do Capita not own Equita?
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Re: Equita pcn
Hi
Its Southampton City council so who is the best person to copy into the email. Also how does this sound?
Good Evening
Thank you for your response which I received on the 15th February 2013.
Unfortunately you did not provide me with the details I requested, just a list of the charges.
Please could you comply with providing me with a response to all questions as detailed in my first email below.
This includes:
a - the time & date of any Bailiff action that incurred a Fee.
b - The reason for the fee.
c - The name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
d - The name(s) of the Court(s) the Bailiff(s) was/were certificated at.
e - The date of the Certification.
I am in no way avoiding payment, but will only pay lawful fees, and are entitled to the full detailed breakdown I am requesting. Please could this be provided within 7 working days.
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Guest repliedRe: Equita pcn
Yes I did send the letter one as advised.
Is there a template follow up letter I could send. Not as such, no. All you need to do is resend it saying that they provided a list of charges, but nothing else, so you have are re-sending the letter and ask them to comply fully with the questions this time. The bailiff has just phoned but i have ignored his call. My car is essential for work etc What do you do as a job - essential user of a car is quite tightly defined and not sure if i should pay him £125.00 I wouldn't as I only make the total fees owing at maximum £123.00, and these may reduce further when you get a full breakdownwhich leaves me another month to contest the unlawful fees.
Yes I have written to the council and copied them into any correspondence to Equita. The initial letter was never sent as well.
Is it possible to post a reacted copy of the letter you sent to the council please. Who at the council did you send it to?
Thanks :beagle:
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Re: Equita pcn
Hi
Yes I did send the letter one as advised.
Is there a template follow up letter I could send. The bailiff has just phoned but i have ignored his call. My car is essential for work etc and not sure if i should pay him £125.00 which leaves me another month to contest the unlawful fees.
Yes I have written to the council and copied them into any correspondence to Equita. The initial letter was never sent as well.
many thanks
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