Equita Bailiffs and a PCN - Distraught newbie seeking help

[bizzybob]

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?

VAT on bailiff fees is contentious, they deffo cannot charge it for council tax or court fines

[labman]

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

It should also be added at the end, not at each stage of proceedings, or the debtor can end up paying VAT on a first letter multiple times and the bill becomes much bigger.

[lauraloo]

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

Thanks everyone the I thought the first letter was a pile of rubbish all the figure are incorrect, the vat which they reckon they are lawfully allowed to charge is included in the costs outlined in letter 2 if that makes any sense. The 13.20 for card is what they charged overall, each time I paid a little is a charged card fee.

I'm skeptical about the reply I'm going to get regarding the breakdown of charges for the bailiffs attendance fee. But let's see.

So, how do you think I ought to proceed????? Any help/advice greatly appreciated

Thanks 'LL

[labman]

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

Laura - I would send those fees as they are to the Head of Revenues at your local council asking him to confirm they are correct, as you suspect they may not be. If he does confirm they are correct, you've got the start of a very powerful argument.

You can base your letter on Letter 4 from here:

http://www.legalbeagles.info/forums/...Bailiff-Issues

It might also be worth mentioning your illness (be truthful, but make the most of it) and the fact you are a single parent, then question whether, in line with the National Standards for Enforcement Agents, the bailiffs should have continued enforcement at all, or whether they should have returned the debt to the council.

[lauraloo]

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

Laura - I would send those fees as they are to the Head of Revenues at your local council asking him to confirm they are correct, as you suspect they may not be. If he does confirm they are correct, you've got the start of a very powerful argument.

You can base your letter on Letter 4 from here:

http://www.legalbeagles.info/forums/...Bailiff-Issues

It might also be worth mentioning your illness (be truthful, but make the most of it) and the fact you are a single parent, then question whether, in line with the National Standards for Enforcement Agents, the bailiffs should have continued enforcement at all, or whether they should have returned the debt to the council.

Thank You Lab Man - wouuld it also be worth mentioning that the bailiff did not leave any evidence of her visits. No letters, nothing. All I have is Equita's 'word' that the visits actually took place.

Thank You
LL

[labman]

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

Personally I'd stick to what is concrete evidence. If you get into the realm of paperwork being left or not (not that I disbelieve you), there is an element of your word against theirs. With the fees, they're set down and they're either right or wrong.

What you could do, quite reasonably, is question whether they should have a copy of paperwork to prove their visits, as none was left with you. That is then concrete again.

[lauraloo]

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

Thank You Labman for all your advice. I will get the letter sent to Head Of Revenues today and send Equita another email requesting copies of paperwork to prove their visits for the first visit and the attendance fee

[lauraloo]

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

Arrrrrggggghhhhh. Seriously, I dont think anyone at Equita really knows what they charging why they are charging. I have only questioned the 'reasonable' attendance fee which was £200.40, and asked for a breakdown for:

a) van hire
b) bailiff travel
c) time at property
d) fuel
e) insurance

I have just received their response

As previously advised, the figure of £167.00(???) is a sum which 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 trust you find the above satisfactory.

Well I guess I had better send yet another email. *sigh* On a better note, sent a email over to head of finance at SCC and asked them to look at the legality of the fee's charged by their appointed enforcement agents and had a very speedy reply thanking me for the note, and that they would look into it. (super special thank you to lab man!!!)

[lauraloo]

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

So, I emailed Equita again on 11/9 for the following information:

a) How they broke down the attendance fee of £200.40 (for van hire, bailiff travel, time at property, fuel, insurance)
b) To confirm in writing how much they charged as the last letter they sent on 9/9 said I was only charged £167.
c) Requested copies of the bailiffs proof of visits when she visited on 20/5 as I had not been left any information from said bailiff. I also mentioned I had previously requested why this information had not been left in a
letter dated 19/6 but had yet to hear anything from them regarding this.

I've heard back from them pretty quickly, amazing it doesn't take 14 days to get an answer now their 'fee' has been paid. Anyway here is their latest response:

I write further to your recent correspondence with regard to the above.

Again, I reiterate that should you require a detailed breakdown of the fees charged you will have to make an application to the County Court for a detailed assessment.

Yours

A.S

Im wondering, is this right? Is this the only way I am going to get a breakdown for the attendance fee, or are they, by law obliged to give me the information I have requested? How and where do I make this application, and roughly has anyone got any ideas of how much this will cost?

I am going to email them again regarding all of the above points raised, which yet again they have failed to answer (especially the request of copies of bailiffs letters) but before I send another email I just wanted a bit of advice on how to proceed.

Thanks All
LL

[paul floorlayer]

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

The £167 is without the vat.

[ploddertom]

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

Obviously you are at an impasse with Equita and would not bother writing to them anymore. As the Council are wholly responsible for this - wheteher they like it or not - then it is to them you now address all your issues. Making an application for a Detailed Assessment can be an expensive affair and not something that should be undertaken lightly particularly as it will just look at the fees themselves and not how they were charged.

If writing to the Council you need to know whether the Council have sanctioned the Bailiffs being able to charge an Attending to Remove Fee at the same time as an Atteneding to Levy Fee bearing in mind the Bailiff would have no idea if you ever had any saleable goods that could indeed be seized. If so ask them to provide proof of same and at the same time what a reasonable fee would be. I don't doubt they will not answer but will pass it on to the Bailiffs to answer in which case they are making a rod for their own back.

[labman]

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

Would you address this to the Head of Revenues, Head of Council Tax Enforcement, the CEO or who (or should that be whom?) :beagle:

[ploddertom]

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

No point faffing around just start at the top.

[bizzybob]

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

Copy to MP also imho

[lauraloo]

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

Hey there, thanks everyone for the advice, seriously where would I be without you all!!!

So I haven't got round to emailing Equita and after reading your posts I am not sure what I would achieve if I did. I still haven't had a response for them for the copies of bailiffs paperwork for the visits, I think I might send them an email just requesting this information.

I have had a response from the Council who basically say they agree with Equita and if I want to take it further go for the detailed assessment. I've attached a copy of the letter for you guys to look at and give me some help on the next step.

Thank You all again, I really want to fight this, like I said before its about the money anymore, its gone way past that. I just want some justice.

Thank You LL