Equita Bailiffs and a PCN - Distraught newbie seeking help

[lauraloo]

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

Thanks ploddertom, I was just going to send off an email and hope for the best. I have the name of the lady I need to speak to tomorrow so hopefully she will be able to help I will ask both her and Northampton what you have advised. Thanks Again this is just driving me crazier - than what I already am!!!

[ploddertom]

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

Don't worry about the name not appearing on the Register as that is not 100% accurate. As you appear to be in touch with the actual Court where the Certificate was granted then they will have the most up to date information.

[lauraloo]

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

Don't worry about the name not appearing on the Register as that is not 100% accurate. As you appear to be in touch with the actual Court where the Certificate was granted then they will have the most up to date information.

I was concerned that the register might not be up to date which is why I contacted the courts etc

[bluebottle]

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

Thanks Bluebottle, so if it comes back that the bailiff was not certificated then what steps would you advise me take? Thanks again for your help and advice

If you have not paid any of the fees Equita are demanding and it transpires that this bailiff was acting as a bailiff whilst not authorised to do so in accordance with the Distress for Rent Rules 1988, the Visit Fee of £33.60 is invalid, the Attendance Fee of £200.40 is certainly not permitted by statute and neither is the £1.50 card payment fee. Altogether, we are talking in terms of £235.50 in potentially unlawful/illegal fees.

I would wait and see what the court say about this bailiff's status on the date of the alleged visit before progressing this further.

[lauraloo]

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

Thanks Bluebottle, I've fired off a couple of emails

1. Equita - Asking them again why the attendance fee is being charged when no levy was made against anything - Hopefully giving them a bit more rope to hang themselves
2. To civea - asking them about this bailiff and her certificate
3. Northampton - Again asking about this bailiff and her certificate

I will phone Manchester County Court again tomorrow and hopefully speak to someone who can give me the information I need - Do you think I ought to put this in writing as well?

thanks again everyone, its good to have such amazing support, truthfully I am a little bit terrified

[lauraloo]

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

So I've phoned Manchester County Court and the lady I spoke with wasn't very helpful, in fact I found her quite defensive when I asked her about the bailiff and she said she did work as a bailiff and had been doing so for a number of years but she would not tell if the certificate held was a new application or a renewal.

Can anyone give me a pointer on how to find out this info?

Thank You

[lauraloo]

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

Another Update.....

Hey everyone another update,

As you can imagine, I didn't get any useful response from CIVEA - I should have read posts more carefully - you are all correct they are a waste of time.

I have had a response from Northampton County Court stating that the Bailiff was certificated at the time of her visits. Equita have also backed this up and have sent me copies of both her current and past certificate.

I have not had any response from Manchester County Court.

Again I wrote to Equita, asking the reason for the attendance fee, when no valid or lawful levy was made - I was pretty clear about this. They sent me a waffling letter giving dates of the times I have contacted them, what I had contacted them for (I did not ask for this information) I did get one paragraph that said:

"Following this, recovery action escalated and our enforcement officer, Ms Wilkinson, became involved. At the time of allocation, her instruction was to collect the balance in full, or seize goods to the value of the debt to be sold at public auction. She attended your property on 20th May 2013. As a result of her involvement, further costs became payable."

So again they have not given me any reasonable justification for the attendance fee, and I've just about run out of time. I called them again today and asked that the account be put on hold for another 14 days until they give me information, but they simply said no, you have 3 days to pay.

So it looks like Im going to have to begrudgingly pay these b@£$%^&s the outstanding £200.40 for the attendance fee.

Anyone got any thoughts on what to do after I've paid????

Thanks
LL

[CleverClogs]

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

I've also complained to the local council. Why cant these idiots just give me a straight answer!

That is because the staff whom you suppose to be working for the local council are actually employed by Capita (aka Crapita) - and Equita is part of the same group.

Depending on how extensive the Crapita infestation has become, you will need to complain to the Head of Revenues and/or the CEO of the council. The usual way is to complain to the Head of Revenues and then, when the reply comes back stating that the bailiffs have done nothing wrong, to take it to the CEO stating that the Head of Revenues seems happy to drop the council in the mire and asking him to instruct the bailiff company to drop their demand for excessive or spurious fees.

If the CEO won't budge, then you'll have to take the matter up with the Local Government Ombudsman.

[lauraloo]

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

Thanks all, I've reluctantly paid the bloody attendance fee today (equita have charged me a whopping £10.02 for using a credit card) I've requested a full breakdown of all the charges I have now paid and asked for a receipt for the £210.42 I've paid today.

I doubt they will, I can just imagine them rubbing their greedy little mitts together, and stuffing their pockets with the extra £10.02 they have diddled me out of. Next steps then, take it further to the council and see what they have to say about employing these bully boys that con law abiding, tax paying, citizens!

[labman]

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

LL - sadly I've come very late to this and only just read it. I note in the very first post you stated you suffer from a long term mental health problem - I assume you are on medication for this and under a doctor / consultant / CPN / counsellor? I also note you are a single parent.

It's a shame these were not picked up on earlier, but I wonder if you might be able to use this to make a case that the bailiffs should have withdrawn as soon as they realised this using the National Standards for Enforcement Agents.

[bizzybob]

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

Crapita are way out of order with the card fee, there is enough evidence along with the vulnerability issue to pull the council and crapita over the coals, starting with major complaint to council and MP.

[bluebottle]

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

TBH, Labman, it would be better for Lauraloo to ask for a breakdown of fees from both Equita and the local authority involved. The credit card charge is classed as "not in accordance with legislation" and, accordingly unlawful/illegal. Equita are obliged to provide a receipt for any monies received from whoever. I am wondering if a word in the ears of HMRC Vat Section and Northamptonshire Trading Standards might "persuade" Equita to toe the line.

[lauraloo]

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

Hi everyone, thanks for the bumping and numerous replies, I thought I wanted to put it behind me, plus life kinda got in the way, but today I've pulled out my Equita file and I am going to try my best to fight them on this one!!!

Even if I don't get any of my money back for the "attendances" of the bailiff, in fact its not about the money anymore. I want people to realise the low down dirty tricks this company uses to instil fear on vulnerable people.

The last 2 letters from them regarding a full breakdown of costs applied to my case are as follows:


Letter 1: 1st August 2013

debt - £82
court costs - £0
bailiff cost - £217.20
vat - £43.44

paid £342.64
total outstanding £0


Letter 2: 2nd August 2013


debt - £82
first notice - £13.44
first visit - £33.60
attendance fee - £200.40
card payment fee - £13.20

total balance £342.64
total paid £342.64
total outstanding £0


I emailed them again and asked them to give me a justification for the attendance fee being applied to my case. My response was:

Letter 3: 7th August 2013

Dear Miss L,

I write to your recent correspondence with regard to the above *Road Traffic Fine*

The attendance charge is applied as it was the bailiffs intention to remove goods at the time of the visit, and as such was equipped to do so. The charges reflect this and although goods were not removed, the fee element would remain unchanged.

The charge is made up of a combination of costs which include van hire, bailiff time, time at property, fuel and insurance. The amount charged is a sum we see as 'reasonable'. Should you wish to dispute the charge, you can make an application to the County Court for a detailed assessment.

I am sorry you remain unsatisfied, but this course of action could have been avoided had you of contacted us following our initial attempts to bring the matter to a close. As you failed to do so, recovery action escalated and the appropriate course of action was taken.

I trust you find the above satisfactory

Yours Sincerely

Miss A Steward

hmmmmm. currently putting together an email for Miss Steward, I am not really all that satisfied and would like a breakdown of the van costs etc, although I'm wondering how the bailiff was expecting to my car in the back of a van???? Well if anyone has any thoughts or ideas/help etc. what I ought to put in my complaint letter to the Council and Local Mp's I would be really grateful

Thanks
LL

[bizzybob]

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

Thedy are trying to justify unlawfully frontloaded fees. Not too sure about the VAT either is a council PCN a "Road Traffic" deb? if not the VAT is fraudulent, as to the "Card Fee" of £13.20 they cannot charge that amount either, a quid at most for that.

[labman]

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

BBob, a council PCN is a civil offence, unlike a police issue FPN which is criminal, even though it can be for exactly the same issue - a bizarre anomaly within the law. I don't know if this makes any difference with VAT, or helps you to know?