Equita Bailiffs and a PCN - Distraught newbie seeking help

[ploddertom]

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

Well what a surprise - Sheffield Council who have Capita running a lot of things backing their Bailiffs - Equita also owned by Capita. I note they have not given an inkling as to how much detailed assessment is - it's not cheap. Formal Complaint time I guess and progress towards the LGO.

[lauraloo]

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

Thanks Ploddertom I've tried to have a look at how much it is but I cant find any info anywhere, I am sure it will be ridiculous and I probably wont be able to afford it anyway.

I've put together a letter using the useful letters templates for the CEO of SCC, if anyone would mind taking a look, I would be super grateful, and let me know if you think I ought to add anything else?

I've also emailed Equita again asking for copies of the visits the bailiff made, as she did not leave any info.

[bluebottle]

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

Equita have clearly attempted to mislead/misinform the OP about a breakdown of their fees which they are required, by law, to provide. As previously advised, details of any provable overcharging and fees for work not carried out, including front-loading of fees, on the part of Equita should be notified to Northamptonshire Trading Standards who are investigating them for fee irregularities. Additionally, OFT Credit Fitness Team should be notified, by way of formal complaint, as Equita hold an OFT Category F Debt Collection Licence, as they are debt collectors as well as certificated bailiffs. I suspect the number of complaints OFT Credit Fitness Team has received against Equita is mounting up. It will be interesting to see what happens when Equita's OFT Licence falls due for renewal.

[lauraloo]

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

Thanks everyone, just going to print off the letter for SSC. I have also contacted northampton trading standards and the OFT asking for addresses of where to send my formal complaint.

[lauraloo]

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

Update: Northampton Trading Standards

Here is my email to them requesting the address of where to send my complaint regarding Equita, and their response basically telling me to write to equita! What a joke.

I think I am going to write to them with my complaint and send it to Northampton Council - Trading Standards Department, surely they wont be allowed to just ignore my complaint.

Lets see.

[ploddertom]

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

Have to confess that if I received the same I also would have given you Equita's address - there is nothing in your enquiry to suggest anything different.

[lauraloo]

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

Thanks plodder Tom. I will write out a better complaint and see what happens, explaining the whole situation I just wanted to double check where to send my complaint to, as I was going to include some pretty personal information in it. Thank you for your honesty and advice

[ploddertom]

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

Personally I wouldn't bother with TS as this has been bandied about for quite a while now and if they were going to do anything then action would have commenced before now.

[lauraloo]

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

Thanks Plodder tom I will just wait for my response from the CEO of SCC and see what happens, although now Im thinking they are all just in this together and it doesn't matter that they are acting unlawfully, they will always win, and people who get into financial difficulties are treated unfairly and squeezed for every last penny that the greedy bailiffs and council can get their hands on.

I have had a letter from Equita this morning with a response to the 'paperwork' left to justify their charges and guess what, they don't have any.

[ploddertom]

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

Sounds like a lot of waffle and nothing else. Sounds as if they are saying they do not keep proper records, if so how can they justify any charges they make. Keep that safe as you may need it later if this goes to the LGO. Be very interesting to see what the Council's take on this is.

[lauraloo]

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

Hey all... been waiting for a response from Equita for my formal complaint. Here is my letter to them:

Dear Sir,

Re: Sheffield City Council Road Traffic Fine

I am writing to you regarding the above account. I would like to make a formal complaint for;


a) The way my case has been handled by your office, vulnerable situations
b) the legality of feeʼs applied to this account
c) and the professional conduct of your appointed bailiff Miss Victoria Wilkinson.


Vulnerable Households
I am first of all would like you to address your treatment of vulnerable situations, when initially contacted your company I disclosed that I had a serious mental health illness, Bi-Polar Disorder and that I also suffered from Post Traumatic Stress Disorder, which had been diagnosed following a serious sexual assault, I also explained I was a single parent on a low income. I was extremely distressed on the telephone and explained I could not afford your fee. I disconnected the call, and was immediately contacted back by your call centre who insisted I make a payment of £95.44 which was the amount I had been instructed to pay via letter on 24th April 2013.


I was continually told that enforcement would continue, until the balance had been cleared, but you would give me until the 7th July 2013 to find out what the £234.44 was for. At no point was I told I would be treated as a vulnerable person despite giving you some deeply personal information, which could have been backed up with evidence. Nor was I given any indication that this would be reviewed by management due to the highly sensitive and personal disclosure.


I would like to question, at that point, whether in line with the National Standards for Enforcement Agents, your bailiffs should have continued enforcement or whether the debt ought to have been passed back to the Council?


Legality of Feeʼs Charged
I would also like to question your feeʼs that were charged to my account. The breakdown of feeʼs which you sent me 12th August 2013 were as follows;


Debt - £82
First Notice - £13.44
First Visit Fee - £33.60
Attendance Fee - £200.40
Card Payment Fee - £13.20


Total Balance £342.64


However since taking legal advice, looking at your website and using the Schedule One of the Road Traffic Debts 2003, the lawful feeʼs you ought to have charged me were as follows;

Debt - £82
First Notice - £13.44
First Visit Fee - £33.60
Attendance Fee (where no levy has been made) - £33.60


Total Balance £162.64


You will note that the card payment fee has been left off, as this is not in accordance with legislation and I am sure you will agree that £13.20 is rather excessive. All of the above feeʼs are inclusive of VAT. You will see that I have been overcharged £180.


Professional Conduct of Appointed Agent
The final part of my complaint is regarding your appointed bailiff Miss Victoria Wilkinson, as stated in most of my correspondence Miss Wilkinson did not leave any paperwork detailing her feeʼs on the two visits she made to my property on 20th May 2013.


In fact it was only when you wrote to me on 16th July 2013, did I find out the name of the bailiff and had to investigate further by contacting Civea, The CB Register and Manchester County Court to find out whether she actually held a license at the time of the visit, as you only stated in the same letter that she had been certificated on 3rd June 2013.


In accordance with the good practice guide from Civea they state that enforcement agents will on each and every occasion, when a visit is made to a debtors property which incurs a fee to the debtor, leave a notice detailing the fees charged to date, including the once for that visit.


It is worrying to know, as stated in your letter dated 25th September 2013, that notices left by your external team which are completed on site are not duplicated. Nor are copies retained for your own records, I would like to therefore question, how can you justify the charges applied to my account when you and I have no record of any visits actually ever taking place?


In accordance with the good practice guidelines for Civea, I expect written confirmation of you receiving my formal complaint within 10 days, you may enclose a copy of your own complaints procedure, which I believe is through your own website. However please be aware at the time of writing this letter, your website is experiencing technical problems and is not accessible.

I expect my complaint to include details of your escalation procedure, set out time frames and I would be grateful if you could provide me with details of the Civea Complaints Procedure.

I expect to hear from you within 10 days.


Regards


and here is their response....

[lauraloo]

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

and the response from the council. So do you think I can take this any further, or is it time to admit defeat???

Thanks everyone

[labman]

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

You have the option of the LGO:

http://www.lgo.org.uk/complaints-about-bailiffs/

It is possible they may intervene and investigate on your behalf; equally, they may suggest you go to the court as per the letter you received.

Have a read and see what you think.

[CleverClogs]

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

and the response from the council. So do you think I can take this any further, or is it time to admit defeat???

It should be immediately obvious, from the way his letter used exactly the same words as the twaddle from Equita, that Mr Mothersole is not a man but a mouth.

Either that, or he's talking through his mother's 'ole. msl:

To charge for equipment that "was available" is not wholly unlike a crooked hotel charging for the gym, solarium and swimming pool even though none had been actually used by a guest, on the basis that they "were available".

If Sheffield Shytty Council cannot or will not address the matter seriously, the LGO (link) may persuade them to try again.

[labman]

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

As stated above CC, the LGo may well be the best way to go, but they might direct the OP to the county court, as per the letter from the council.