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Re: letter to council.
Even though Equita have reduced their fees dramatically, there is still doubt as to whether the OP should pay them. The bailiff has acted dishonestly - of that there is no doubt - and it could be that there are doubts as to the validity and legality of the Visit Fees. By telling you to deal with the bailiff, after what he has done, puts Equita and its senior management in a very dangerous position legally. TBH, I would inclined to write to and/or email the CEO of Equita and make it clear that in view of what the bailiff did, you will not deal with him in any way whatsoever and that there are doubts as to whether the Visit Fees are legitimate. I would offer to pay the debt, the Letter Fee and the VAT applicable to that fee, but not the Visit Fees.
Something along the lines of -
CEO
Equita Limited
XXXXXXXXXXX
XXXXXXXXXXXXXXXX
Dear Sir,
Reference: XXXXXXXXXXXXXXXX
Further to my recent complaint in respect of the above, on receipt of your revised account, I note that your company is asking me to pay Visit Fees. I also note that your company is asking me to "contact Mr Heggarty to negotiate payment with him".
You are put on notice that in view of Mr Heggarty's actions, I will not be dealing with him under any circumstances whatsoever as it is clearly evident that whatever he says, verbally or in writing, cannot be regarded as being reliable, factual or accurate. Also, because of Mr Heggarty's actions, I am not prepared to pay your company's revised account, other than on terms acceptable to me.
The terms I am prepared to pay the account on is as follows -
1. I will pay the Penalty Charge Notice and Court Fee in the sum of £112.00;
2. I will pay the Letter Fee in the sum of £11.20;
3. I will pay VAT @ 20% on the Letter Fee in the sum of £2.24
4. I will pay a total sum of £125.44 only.
I reserve the right to pay the Penalty Charge and Court Fee only in the sum of £112.00. Your company would be ill-advised to attempt any further enforcement action, or counsel or procure others to do so, given the nature of Mr Heggarty's actions.
You are further put on notice that, in addition to notifying OFT Credit Fitness Team and Trading Standards of Mr Heggarty's actions, I am seriously-minded to notify the VAT Section of Her Majesty's Revenue and Customs, also.
Your company would be well-advised to accept the offer I have made, as that is the best offer I am prepared to make, given the fact that Mr Heggarty misrepresented the law in more ways than one. It matters not that his misrepresentation of the law was deliberate or that he did so recklessly.
Yours faithfully,
[Your Name]
should be sufficient.
BB
Originally posted by peach
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Something along the lines of -
CEO
Equita Limited
XXXXXXXXXXX
XXXXXXXXXXXXXXXX
Dear Sir,
Reference: XXXXXXXXXXXXXXXX
Further to my recent complaint in respect of the above, on receipt of your revised account, I note that your company is asking me to pay Visit Fees. I also note that your company is asking me to "contact Mr Heggarty to negotiate payment with him".
You are put on notice that in view of Mr Heggarty's actions, I will not be dealing with him under any circumstances whatsoever as it is clearly evident that whatever he says, verbally or in writing, cannot be regarded as being reliable, factual or accurate. Also, because of Mr Heggarty's actions, I am not prepared to pay your company's revised account, other than on terms acceptable to me.
The terms I am prepared to pay the account on is as follows -
1. I will pay the Penalty Charge Notice and Court Fee in the sum of £112.00;
2. I will pay the Letter Fee in the sum of £11.20;
3. I will pay VAT @ 20% on the Letter Fee in the sum of £2.24
4. I will pay a total sum of £125.44 only.
I reserve the right to pay the Penalty Charge and Court Fee only in the sum of £112.00. Your company would be ill-advised to attempt any further enforcement action, or counsel or procure others to do so, given the nature of Mr Heggarty's actions.
You are further put on notice that, in addition to notifying OFT Credit Fitness Team and Trading Standards of Mr Heggarty's actions, I am seriously-minded to notify the VAT Section of Her Majesty's Revenue and Customs, also.
Your company would be well-advised to accept the offer I have made, as that is the best offer I am prepared to make, given the fact that Mr Heggarty misrepresented the law in more ways than one. It matters not that his misrepresentation of the law was deliberate or that he did so recklessly.
Yours faithfully,
[Your Name]
should be sufficient.
BB
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