24hr removal notice, help!

[fedup2013]

on the 25/3/13 I received a letter from Equita bailliffs Stating a liability order had been granted against me for £154.04 asking for payment in full unfortunately it was overlooked!

on 2/4/13 I received a removal notice saying a removal contractor would be calling so I rang the office and they told me I needed to speak to Mark Hobson who I rang and he told me I now owed £369.04, i disputed this and paid £154.04 plus £1.50 card payment. I asked for a fee breek down it has not arrived.

Today I received a bailiff removal notice giving me 24 hours to pay, also stating no contact will be taken as refusal to pay ect. I understand these are scare tactics and they need a levy and will not let them into my home. I have contacted the council and they say I must resolve this issue with the bailiffs but as far as I am concerned the debt is paid as I only owed £129.50 to the council and have paid the bailiff the above amount which is over the original amount. When I spoke to the bailiff he stated he was charging £167 for the removal notice, he can only charge for 2 visits at £42.50 total cant he? Are hand written letters from him enough to count as evidence of his visits? These letters are entitled 1. removal notice. 2. Bailiffs Removal 24 hrs final notice.

the bailiff agreed to provide me with a breakdown of his cost and I will have it tomorrow apparently but I aren't going to hold my breath? He also agreed to give me a further 7 days; basically I was trying to buy some time so I can get some advice because I really dont know what to do for the best although I have contacted the council and asked them for the date of the liability order and amount and they will let me know within 48 hrs.

Help please

[Milly29]

Re: 24hr removal notice, help!

Have you ever let this bailiff into your home? If not......Dont!! Were the letters hand delivered or sent by post??

[bluebottle]

Re: 24hr removal notice, help!

on the 25/3/13 I received a letter from Equita bailliffs Stating a liability order had been granted against me for £154.04 asking for payment in full unfortunately it was overlooked!

on 2/4/13 I received a removal notice saying a removal contractor would be calling so I rang the office and they told me I needed to speak to Mark Hobson who I rang and he told me I now owed £369.04, i disputed this and paid £154.04 plus £1.50 card payment. I asked for a fee breek down it has not arrived.

Today I received a bailiff removal notice giving me 24 hours to pay, also stating no contact will be taken as refusal to pay ect. I understand these are scare tactics and they need a levy and will not let them into my home. I have contacted the council and they say I must resolve this issue with the bailiffs but as far as I am concerned the debt is paid as I only owed £129.50 to the council and have paid the bailiff the above amount which is over the original amount. When I spoke to the bailiff he stated he was charging £167 for the removal notice, he can only charge for 2 visits at £42.50 total cant he? Are hand written letters from him enough to count as evidence of his visits? These letters are entitled 1. removal notice. 2. Bailiffs Removal 24 hrs final notice.

the bailiff agreed to provide me with a breakdown of his cost and I will have it tomorrow apparently but I aren't going to hold my breath? He also agreed to give me a further 7 days; basically I was trying to buy some time so I can get some advice because I really dont know what to do for the best although I have contacted the council and asked them for the date of the liability order and amount and they will let me know within 48 hrs.

Help please

Hi and welcome to Legal Beagles.

Equita is well-known for overcharging and charging upfront fees which is illegal. If you have paid the CT arrears, the only additional costs are lawful bailiff fees which, in this case, is £42.50. They cannot remove goods without a lawful levy and they cannot charge for an Attendance to Remove unless they have a lawful levy.

The bailiff should have left a notice showing the time and date and details of who called on each visit and the reason for the visit. This should normally be on a pre-printed form bearing the bailiff company's details with the necessary information completed in ink. I would pay the £42.50 to Equita for the two legitimate visits, but anything over and above that is unlawful. Tell the council first thing tomorrow morning what you have done and also advise them that Equita are trying to charge fees that the law does not permit and for work not carried out. Make sure you speak to the Head of Revenues.

[fedup2013]

Re: 24hr removal notice, help!

no times were left just letters which were dated 1 in ink, the time is blank, only one was hand delivered I think the other arrived in the post. I will try to cotact head of revenues tomorrow. thanks alot.

[bluebottle]

Re: 24hr removal notice, help!

A few more things. Make sure Equita have paid the money over to the council. If not, quote Equita's payment reference to the Head of Revenues at the council. Also, quote any payment reference for the £42.50 fees. You may also wish to report Equita to Trading Standards and OFT Credit Fitness Team.

[fedup2013]

Re: 24hr removal notice, help!

I tried to contact the head of revenues at the council but they say Hull city council dont have one! i spent ages on the phone with the council who say they will call me back within 5 days, i have informed them that the bailiffs are acting illegally! in the meantime the bailiff has sent in the post 'Notice of seizure and inventory of goods" on it he has written that no goods have been removed and I have a 7 day period before he does, I know he cant do this with out a levy and he wont be getting one either!! I am guessing their aim is to get me to sign the form 8 part which is walking possession(request not to remove goods) I am just wondering if I should keep it, send it back unsigned, or burn it? The form states my CT debt was £172.04 plus bailiff costs including VAT.I am waiting for the council to confirm the amount which again will take up to 5 days! I am wondering if I should stick a notice of some sort to my front door to stop the bailiff from coming on to my property and harassing me or my 3 kids, whilst I wait for answers from the council? Also when I do get my answers should I deal with the bailiff or Equita offices its just that they wont speak to me they telll me to speak to the bailiff who just lies and is impossible to communicate with, I wondered if any one out there has email contacts for Equita? the email submission form on their website requires DOB and NI numbers which I really dont want to give them as the more info they have on me the more power they have to mess with my head, please advise.

[fedup2013]

Re: 24hr removal notice, help!

I have just received a phone call from my council saying the debt is cleared the bailiffs have agreed to wave any further fees but I still dont know how much I owed in the first place! They also say the bailiff wasn't acting illegally although he tried to charge me astronomical fees. its all outragous is there a standard trading standards letter template?

[CleverClogs]

Re: 24hr removal notice, help!

Are hand written letters from him enough to count as evidence of his visits? These letters are entitled 1. removal notice. 2. Bailiffs Removal 24 hrs final notice.

If they mentioned the grossly inflated fees, they may provide evidence of his/their crime.

[bluebottle]

Re: 24hr removal notice, help!

I have just received a phone call from my council saying the debt is cleared the bailiffs have agreed to wave any further fees but I still dont know how much I owed in the first place! They also say the bailiff wasn't acting illegally although he tried to charge me astronomical fees. its all outragous is there a standard trading standards letter template?

Talk about an oxymoron. No, talk about a moron, i.e. the council employee who uttered the statement I have highlighted in bold type. CC is absolutely spot-on in what he says in his last post.

[ploddertom]

Re: 24hr removal notice, help!

There are a few things of note over this debacle.

1 - Equita seem to now charge all fees up front and I imagine quite a few will just pay up. If challenged over them they appear to be saying they were only "potential" fees and only those applicable would have been charged.

2 - the attending Bailiff appears on the Bailiff Register but with a blank space as his employer, this tends to suggest he may be self employed and it may be of interest to find out whether the Council allows its contractors to sub-contract to a 3rd party.

3 - if it is the suggestion that the Bailiff has overcharged then rather than submit a Form 4 Complaint why not write to the Judge at his Certificating Court outlining what happened and ask the letter be left on file for consideration when his renewal is due.

4 - the Council obviously don't know there a**e from their elbow and complaint should be made initially to your local Councillor(s) & copies sent to the Leader of the Council & CEO.

[bluebottle]

Re: 24hr removal notice, help!

There are a few things of note over this debacle.

1 - Equita seem to now charge all fees up front and I imagine quite a few will just pay up. If challenged over them they appear to be saying they were only "potential" fees and only those applicable would have been charged. Potentially illegal as they are classed as Upfront Fees. Unless Equita can prove they have carried out the work they are "potentially" charging for, they commit an offence, namely, Fraud by False Misrepresentation.

2 - the attending Bailiff appears on the Bailiff Register but with a blank space as his employer, this tends to suggest he may be self employed and it may be of interest to find out whether the Council allows its contractors to sub-contract to a 3rd party. That goes on a lot in the construction industry. Perhaps he's moonlighting from a building site.

3 - if it is the suggestion that the Bailiff has overcharged then rather than submit a Form 4 Complaint why not write to the Judge at his Certificating Court outlining what happened and ask the letter be left on file for consideration when his renewal is due. Also, provide evidence of the bailiff's attempt to defraud with the letter. Under Civil Procedures Rules, a court has the power to make a decision on its own initiative, which includes revoking a bailiff's certificate. This has happened to a bailiff in the last 12 months.

4 - the Council obviously don't know there a**e from their elbow and complaint should be made initially to your local Councillor(s) & copies sent to the Leader of the Council & CEO. Enclose a diagram indicating where their arse and where their elbow is with the letter.

@@@@

[CleverClogs]

Re: 24hr removal notice, help!

4 - the Council obviously don't know there a**e from their elbow and complaint should be made initially to your local Councillor(s) & copies sent to the Leader of the Council & CEO.

Enclose a diagram indicating where their arse and where their elbow is with the letter.

See the attachment

[bluebottle]

Re: 24hr removal notice, help!

See the attachment

How considerate of CC to provide the diagram. Print off and send to the Council.:madgrin: