Newbie in need of advice with Equita

[Wtribe]

Hi,

after reading some threads on here perhaps I made a rod for my own back dealing with equita direct instead of sticking to paying my council. but like many I was told that Exeter council will NOT take back or allow me to pay them direct, so I set up an agreement with equita been paying it without fail for last 3mths.

However last week my carers benefit was reduce by £100 per month. so I had to start trying to cut back on my outgoings.

This morn, I rang equita and explained that I am £100 down every month and I need to reduce my monthly payments. The bloke told me if I so much as refuse to pay the agreed amount by a single penny then the bailiffs will be round within a shot. I said so you are refusing to help me what so ever, he replied its not personal but the law states that the agreement is set and it has to be paid in full by the set months left.

I told him this is personal to me and my family. he hung up.

any advice would be great its not that I wanted to reduce the payments by half, but just by £10 would be a great help, feel like telling them to shove it really.

[outlawlgo]

Re: Newbie in need of advice with Equita

Has the bailiff ever visited, or was the arrangement made over the phone?

If so, does the bailiff have a levy? A car for example?

Have you incurred any bailiff fees yet?

[Wtribe]

Re: Newbie in need of advice with Equita

arrangement was made by phone never had bailiff visits, no fees yet either

[outlawlgo]

Re: Newbie in need of advice with Equita

.....but like many I was told that Exeter council will NOT take back or allow me to pay them direct....

You should have no problem paying the council direct if you make automatic payment such as through internet banking or paying on your council's website which I should think is an option.

Aside from this, the council have a duty to the taxpayer to collect council tax and would not be performing that duty if they refused payment. Their reaction would be interesting if you asked them to put it in writing that they refuse payment.

.....The bloke told me if I so much as refuse to pay the agreed amount by a single penny then the bailiffs will be round within a shot. I said so you are refusing to help me what so ever, he replied its not personal but the law states that the agreement is set and it has to be paid in full by the set months left.....

The bailiff has no levy, you have incurred no fees yet and if he does visit, you have no obligation in law to deal with him. If you deny the bailiff access to goods that he might levy (most importantly a vehicle), the maximum he may impose would be £42.50 (1st and 2nd visit), which would effectively be unenforceable if he has no levy.

If you take this course of action, you could let both the council and bailiff firm that they're wasting their time as you will not be dealing with Equita and your payment will be made to the council.

[Wtribe]

Re: Newbie in need of advice with Equita

even though I have made payments to equita I can refuse to continue paying them and pay the council direct?

[outlawlgo]

Re: Newbie in need of advice with Equita

There's nothing stopping you paying the council. One thing to watch is that payment is allocated to the correct account, which is only an issue if you have debt outstanding from a previous year.

The money you have already paid to Equita may be dealt with in different ways, depending on the contract between the council and Equita. If for example they are permitted to withhold some of this from the council in respect of their fees (they have not imposed any yet), they could potentially take this in respect of "future fees" should the attend your home. However, I believe most councils will not allow the bailiff to take payment (fees and charges) unless they have collected in full the council tax owing.

It may be easier said than done to find out from your council how they deal with payment made in these circumstances, because they won't want you to know.

[outlawlgo]

Re: Newbie in need of advice with Equita

You might consider this response to a Freedom of Information request made to Cheshire East Council.

Perhaps this is typical of the contracts local authorities have with their bailiffs:

...The contractual arrangement with external debt collectors, which is a distinct matter, and relates to contractual payments as distinct from the way costs are to be accounted, is such that all amounts collected are payable over to the Council and first applied to the lawfully chargeable costs, and then to the substantive debt, and it is only when the full outstanding debt (including all lawfully payable costs) has been collected from the debtor that the debt collector is contractually able to claim payment from the Council. Thus, the accounting requirements are met, and, by only paying the contractor on full delivery of the service...

I think in other words, this means if the debtor pays direct to the council, all outstanding council tax less bailiff fees, the authority will not forward payment to the contractor, therefore the liability is effectively paid.

It can be read in its entirety here: Bailiff Fees - How are they paid?