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Equita Bailiffs and a PCN - Distraught newbie seeking help

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  • Equita Bailiffs and a PCN - Distraught newbie seeking help

    Hi all, after spending hours and hours researching bailiffs fee's and how to deal with I kept ending back here on this lovely and truly helpful forum. I feel like I've done as much as I can and I have hit a brick wall with Equita and I am not sure of what I need to do next.....

    So here you go with my Equita Experience...

    I received my PCN charge certificate back in April 2012, but I wasn't aware of this until February 2013 as it had been sent to a wrong address. I sent in the TEC form to Northampton County Court but it was rejected on the basis of it being received out of the allowed length of time. ON 24/4/2013 I had my first letter from Equita saying they had been instructed by Sheffield City Council to pay £95.44.

    During this period I had a bit of a breakdown due to a long term mental illness and being a working single parent simply forgot all about the letter until Equita sent out another letter again saying they had been instructed by SCC to collect the debt under a warrant of execution that was granted by the TEC. I then received another letter from them with REMOVAL NOTICE in bold capitals saying that a warrant had been issued by the TEC and they were sending a recovery team to collect my vehicle, impound it and sell it at auction.

    I called Equita immediately and offered to pay the £95.44 but was told the debt now held with Equita was £329.44 nowhere in any of the letters had there been a mention of this debt, anyway I paid £95.44 on 7/6/2013 which was all I could afford and they said they would be able to put the account on hold until 7/7/2013 I wrote to them and requested that they send me a breakdown of the fee's applied to my debt with an explanation of what they were.

    They sent a breakdown which was:

    Debt - £82
    First Notice - £13.44
    First Visit Fee - £33.60
    Attendance Fee - £200.40
    Card Payment Fee - £1.50

    Total Paid - £96.94
    Balance Outstanding - £234

    There was a further payment made of £33.60 on 19/6/2013 (which I thought covered the debt and leaving the £200.40 attendance fee)

    I wasn't sure what the attendance fee was or about any of the other information so I wrote to them on 19/6/13 basically asking them for some advise and guidance on the following:

    * who was the bailiff that attended my property for the first visit
    * what date the bailiff attended for the first visit
    * why the bailiff had no left any letter stating they had attended (which apparently is protocol for Equita)
    * did the bailiff hold a certificate and could they forward me a copy for my own records
    * what does Equita consider to be an attendance fee, especially as a customer service rep had said over the phone it was the same as a first visit fee
    * Again I asked what date did the bailiff attend my property to incur the attendance fee

    I gave them a summary of what the law stipulates in relation to charges, especially as no levy was made on the car. Which was of course considerably lower than what they were asking for. I also said I was reluctant to pay for fee's which I felt they were not entitled to.

    I also mentioned that I would be complaining to SCC who had employed their services and felt I must raise my concerns to the Office Of Fair Trading to ensure they were working under lawful guidelines.

    It took them until 1/7/13 to come back to me with a response

    Dear Miss _____

    Re: Sheffield City Council - Road Traffic Fine

    I write to your recent correspondence in connection with the above.

    Having looked at the case I note that no times of visits have been logged, there have been numerous visits made by our external team in the attempted collection of debts. On each occasion, where no contact has been established, a letter would have been left.

    All charges are applied in accordance with the action taken to date to conclude the balance, and in conjunction with the Enforcement of Road Traffic Debts (Certified Bailiffs) Regulations 1993 (As amended).

    With regards to the Attendance Fee, the bailiff attended your property equipt to remove goods, should payment not of being made.

    Nothing on our files suggests we have acted incorrectly and therefore we do not feel a review of your account is necessary.

    I can confirm there is currently an arrangement for the outstanding balance of £200.40 to be cleared no later than 7th July 2013. Failure to adhere to this agreement could result in further action and possible costs

    I trust the above clarifies matters and is of assistance to you.

    Yours Sincerely

    Miss L Griffiths
    Equita Ltd

    So Im still rather confused they haven't answered any of the questions I asked them so today I've called their call centre and asked if they could help out, I was told that they have no knowledge of anything relating to the account. But I could write and ask for an access report, which was going to cost me £10. I could send them a cheque or cash through the post to the Northampton Address so I can get further information. They have also given me until the 2/8/2013 to pay the outstanding £200.40.

    I am going mental trying to figure out what do next

    Please Please Someone Help

    Thanks

  • #2
    Re: Equita Bailiffs and a PCN - Distraught newbie seeking help

    Hi lauraloo, & welcome to Legal Beagles.

    I'm not a bailiff expert, so I will leave it to others to comment on your predicament.

    Just in case you haven't seen it, this gives some good general info http://www.legalbeagles.info/forums/...rking-Offences
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Equita Bailiffs and a PCN - Distraught newbie seeking help

      Thank You Charity NJW lovely to meet you and thank you for the link I have just settled myself down with a cuppa to look through everything

      Comment


      • #4
        Re: Equita Bailiffs and a PCN - Distraught newbie seeking help

        You don't need to submit a Subject Access Request as they will have very little info on you. When you asked for a breakdown of fees was it in a simialr format as the one at Letter 1 http://www.legalbeagles.info/forums/...Useful-Letters . In any case you need them to provide the dates of any visits - Equita have form for front loading fees in the hope they are not challenged. You also need to check that the attending Bailiff is suitably Certificated.

        Comment


        • #5
          Re: Equita Bailiffs and a PCN - Distraught newbie seeking help

          That £200-odd fee looks decidedly dodgy and the office muppet from Equita doesn't appear to have a clue what she is talking about. You cannot charge an Attend to Remove fee unless you have a valid and lawful levy. If Equita do not have a valid and lawful levy, the Attendance Fee is unlawful.
          Last edited by labman; 3rd September 2013, 22:18:PM. Reason: Remove crimiinality
          Life is a journey on which we all travel, sometimes together, but never alone.

          Comment


          • #6
            Re: Equita Bailiffs and a PCN - Distraught newbie seeking help

            Originally posted by ploddertom View Post
            You don't need to submit a Subject Access Request as they will have very little info on you. When you asked for a breakdown of fees was it in a simialr format as the one at Letter 1 http://www.legalbeagles.info/forums/...Useful-Letters . In any case you need them to provide the dates of any visits - Equita have form for front loading fees in the hope they are not challenged. You also need to check that the attending Bailiff is suitably Certificated.
            No I must admit it was a bit waffly-ish but I did ask all those questions including the dates but they just brushed over them and said there were no times of visits noted on the account, no mention of any dates. I also asked about the certificate, again no mention of this in their response, they just said their external team had been on numerous occasions. The fee's they sent were sent on the 12/6/13 but no additional info just a table stating what they were charging me

            Thanks Ploddertom do you think I ought to write again? Im just a bit baffled and feeling like the questions I put to them have been brushed off

            Thanks
            LL

            Comment


            • #7
              Re: Equita Bailiffs and a PCN - Distraught newbie seeking help

              Originally posted by bluebottle View Post
              That £200-odd fee looks decidedly dodgy and the office muppet from Equita doesn't appear to have a clue what she is talking about. You cannot charge an Attend to Remove fee unless you have a valid and lawful levy. If Equita do not have a valid and lawful levy, the Attendance Fee is fraudulent, and the office muppet has dropped herself, Equita and its management in the poo for Fraud by False Misrepresentation.
              Perfect I have that in writing

              Comment


              • #8
                Re: Equita Bailiffs and a PCN - Distraught newbie seeking help

                If they cannot prove they have a valid and lawful levy, they are stuffed. Same for visits. No proof of visits, no fee can be charged. If a bailiff visits, they are required to leave a notice notifying the debtor of that visit. This is their proof that they did, in fact, attend a debtor's property. If they haven't done this, they are going to have difficulty proving any visit and justify any fees they are attempting to charge for any alleged visits.
                Last edited by labman; 3rd September 2013, 22:19:PM. Reason: Remove irrelevant content
                Life is a journey on which we all travel, sometimes together, but never alone.

                Comment


                • #9
                  Re: Equita Bailiffs and a PCN - Distraught newbie seeking help

                  Originally posted by lauraloo View Post
                  Thanks Ploddertom do you think I ought to write again? Im just a bit baffled and feeling like the questions I put to them have been brushed off

                  Thanks
                  LL
                  Most certainly, inform that although they may have provided the fees they have neglected to list the dates + you want the name of the Bailiff that attended on each occasion.

                  Comment


                  • #10
                    Re: Equita Bailiffs and a PCN - Distraught newbie seeking help

                    Hey all a bit of an update since I have been waiting for Equita to get back to me with the correct info;

                    So basically they are charging me for

                    debt £82
                    first notice £13.44 - 28.3.2013
                    first visit £33.60 - 20.5.2013
                    attendance fee £200.40 - 20.5.2013

                    Also not sure if this is any good but the bailiff that attended was certified on 3.6.2013 - so will the fact that she was not certified at the time of these 'so called visits' make any difference?

                    to date I've paid them £132, however they are still demanding the £200.40 attendance fee and there is an order in place until 2.8.2013 for me to sort this out

                    Please, Please can someone give me some advice on what I need to do now?

                    Thanks in advance
                    Last edited by lauraloo; 18th July 2013, 13:25:PM. Reason: payments made missing

                    Comment


                    • #11
                      Re: Equita Bailiffs and a PCN - Distraught newbie seeking help

                      Originally posted by lauraloo View Post
                      Hey all a bit of an update since I have been waiting for Equita to get back to me with the correct info;

                      So basically they are charging me for

                      debt £82
                      first notice £13.44 - 28.3.2013
                      first visit £33.60 - 20.5.2013
                      attendance fee £200.40 - 20.5.2013

                      Also not sure if this is any good but the bailiff that attended was certified on 3.6.2013 - so will the fact that she was not certified at the time of these 'so called visits' make any difference?

                      to date I've paid them £132, however they are still demanding the £200.40 attendance fee and there is an order in place until 2.8.2013 for me to sort this out

                      Please, Please can someone give me some advice on what I need to do now?

                      Thanks in advance
                      Lol - I think the word is certificated.

                      On second thoughts, though......................
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Re: Equita Bailiffs and a PCN - Distraught newbie seeking help

                        ha ha ha oops of course it is, just super angry, confused, my brain is pretty boggled I blame this for my poor spelling

                        Comment


                        • #13
                          Re: Equita Bailiffs and a PCN - Distraught newbie seeking help

                          Originally posted by lauraloo View Post
                          So basically they are charging me for

                          debt £82
                          first notice £13.44 - 28.3.2013
                          first visit £33.60 - 20.5.2013
                          attendance fee £200.40 - 20.5.2013

                          Also not sure if this is any good but the bailiff that attended was certified on 3.6.2013 - so will the fact that she was not certified at the time of these 'so called visits' make any difference?
                          It should, if you mean when she was certificated. :grin:

                          Without a General Certificate, she has no more right to charge for any of her dubious services than you'd be able to marry the Pope to the Chief Rabbi.

                          to date I've paid them £132, however they are still demanding the £200.40 attendance fee and there is an order in place until 2.8.2013 for me to sort this out
                          Well, they're overcharging of course, but getting the council drones to accept that is most unlikely as they're also employed by the Crapita group.

                          Comment


                          • #14
                            Re: Equita Bailiffs and a PCN - Distraught newbie seeking help

                            Originally posted by CleverClogs View Post
                            Well, they're overcharging of course, but getting the council drones to accept that is most unlikely as they're also employed by the Crapita group.
                            So where do I go from here, do I just pay the £200.40 or can I take it further?

                            I've called NCC and they have said I need to email them regarding the bailiff not holding a certificate at the time of the 'levy that never was', I've also called Manchester County Court where she was certificated on 3.6.2013 but again the woman I need to speak to is not in until tomorrow.

                            I called Equita and asked why they had charged for for the same visit but they told me to look on civea for her details but there aren't any for individual bailiffs, just companies. I've left a message asking for someone to contact me regarding this.

                            Also I have checked out the Justice Register and there is no record of the bailiff

                            I am fuming right now, how can this sort of thing happen, its absolutely crazy!!!!

                            Comment


                            • #15
                              Re: Equita Bailiffs and a PCN - Distraught newbie seeking help

                              Was the Certificate a renewal or an initial application?

                              Comment

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