Equita Bailiffs Help!!

[annoyed.com]

Re: Equita Bailiffs Help!!

Do you have a Notice of Seizure?

No i've never received one from them

[ploddertom]

Re: Equita Bailiffs Help!!

Isn't a surprise that this thread is also about the same Bailiffs & Council http://www.legalbeagles.info/forums/...e-help-Equitas

[annoyed.com]

Re: Equita Bailiffs Help!!

They're obviously in cahoots and dont care as long as they're getting the money in, even if its thru unlawful and oppressive ways! Must be the effects of austerity mambo jambo!!

[bizzybob]

Re: Equita Bailiffs Help!!

They're obviously in cahoots and dont care as long as they're getting the money in, even if its thru unlawful and oppressive ways! Must be the effects of austerity mambo jambo!!

No this pre-dates Austerity, it started mainly when councils privatised their enforcvement services by bringing in the4 likes of Mardtons, Rossendales, Bristols & hooters, and that many headed hydra and corrosive company Crapita and their minions to run services on the councils behalf. These aforementioned are greedy and liars to the core.

[bluebottle]

Re: Equita Bailiffs Help!!

If Equita cannot quote exact dates for visits and levies - I have seen one bailiff company quote approximate dates for visits - they are stuffed as it means they cannot establish the veracity of the statements they are making and the lawfulness and enforceability of the fees being demanded. Notwithstanding, the manner in which local authorities go about obtaining Liability Orders potentially breaches, if not actually breaches, human rights law and brings into question the validity of LOs and their enforceability. Consequently, this brings into question the lawfulness of any enforcement action.

[annoyed.com]

Re: Equita Bailiffs Help!!

Rang Northampton Court and they confirmed the bailiff's certification was a renewal :tinysmile_cry_t:

[CleverClogs]

Re: Equita Bailiffs Help!!

Then she should know better.

[annoyed.com]

Re: Equita Bailiffs Help!!

So having asked for a valid levy as suggested today I received through the post a copy of the notice of seizure and inventory form dated July 2013. The only thing is that the vehicle listed on that form isn't mine neither have I or anyone in my household ever owned a black Hyundai!! Is that valid??

[annoyed.com]

Re: Equita Bailiffs Help!!

Neither does anyone in my street own a black Hyundai! These people are a bunch of liars!

[annoyed.com]

Re: Equita Bailiffs Help!!

The following are subject to Equita producing proof of valid levy -

Levy Fee
Attendance Fee
Walking Possession Fee
?

I guess my question is if a levy has been made against a car that's clearly not mine let alone even known to me, can that be a valid proof of levy?

[CleverClogs]

Re: Equita Bailiffs Help!!

So having asked for a valid levy as suggested today I received through the post a copy of the notice of seizure and inventory form dated July 2013. The only thing is that the vehicle listed on that form isn't mine neither have I or anyone in my household ever owned a black Hyundai!! Is that valid??

No.

Neither does anyone in my street own a black Hyundai! These people are a bunch of liars!

Perhaps it was just visiting someone nearby?

I guess my question is if a levy has been made against a car that's clearly not mine let alone even known to me, can that be a valid proof of levy?

Of course not.

[annoyed.com]

Re: Equita Bailiffs Help!!

Thanks for the confirmation. I have now also written to Martin Reeves at Coventry City council. Will await his response

[CleverClogs]

Re: Equita Bailiffs Help!!

Actually, my response was a bit too hasty.

Your question was:

I guess my question is if a levy has been made against a car that's clearly not mine let alone even known to me, can that be a valid proof of levy?

A more precise answer would be that it would be a valid proof of an irregular or invalid levy having been made.

The oafs at Equita haven't merely shot themselves in the foot - they've machine-gunned their feet! :grin:

[bizzybob]

Re: Equita Bailiffs Help!!

Actually, my response was a bit too hasty.

Your question was:

A more precise answer would be that it would be a valid proof of an irregular or invalid levy having been made.

The oafs at Equita haven't merely shot themselves in the foot - they've machine-gunned their feet! :grin:

Especially if they compound the crime by demanding levels of proof of non ownership such as V5 to ber produced, and then falling back on Observer v Gordon [1983] as az last straw to keep their illicit levy fees, by saying that case says it is perfectly reasonable for the bailiff to assume a black Hyundai or indeed any random motor parked in the street, even a dirty great 44 tonne artic with Eddie Stobart all over it is the debtor's property to gain a levy hoping the debtor knows no better.

[bluebottle]

Re: Equita Bailiffs Help!!

Especially if they compound the crime by demanding levels of proof of non ownership such as V5 to ber produced, and then falling back on Observer v Gordon [1983] as az last straw to keep their illicit levy fees, by saying that case says it is perfectly reasonable for the bailiff to assume a black Hyundai or indeed any random motor parked in the street, even a dirty great 44 tonne artic with Eddie Stobart all over it is the debtor's property to gain a levy hoping the debtor knows no better.

I have a feeling Observer v Gordon [1983] has been overused by the civil enforcement industry to the point where judges have heard the same tired excuse over and over again are beginning to get wise to the fact that certificated bailiffs are too lazy - or corrupt - to conduct proper checks as to the ownership of a vehicle, which would be in their interests as it would show they had, at least, made an effort to establish ownership. Failure to do so would, IMHO, amount to reckless conduct and leave a certificated bailiff open to legal action.

As regards the OP's case, I would recommend they contact DVLA's Data Access Unit on Monday morning and make enquiries about obtaining details of the lawful owner/keeper of this black Hyundai, sending a photocopy to Equita with a caveat that the information is now available to the courts and the police, as evidence, should it become necessary to involve them. Such a caveat can be sufficient to put a certificated bailiff or civil enforcement company on their guard. Do they carry on brazenly asserting they have a right to charge fees in the face of evidence they have an invalid and unlawful levy and risk taking a pasting or do the sensible thing and back down?

DVLA are likely to charge a fee for any information they provide as regards the owner/keeper of the black Hyundai, but it is likely to be money well-spent if it stuffs Equita.