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equita threat to enforce liability order on Ltd co in default on payments

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  • equita threat to enforce liability order on Ltd co in default on payments

    Received a letter of enforcement from Equita. They would not accept instalment payment and were very rude on the phone. They would only accept full cleared funds. Letter was vague and signed by Bailiff Manager. I did a check on Registry Trust Ltd and nothing is registered against my company. Trading is carried out away from the registered office and I'm concerned they will turnup there during business hours. I can't afford to pay the full amount which is half of the original debt. The council does not want to know. Where do I stand? If the council block booked liability orders, which I suspect then why isn't the judgement which is supposed to a judicial matter given to a council to make up the orders? There is nothing belonging to the company at the registered office and is my home. can you advise?
    Tags: None

  • #2
    Re: equita threat to enforce liability order on Ltd co in default on payments

    Hi + welcome to LegalBEAGLES...it's a tad early yet but someone will pop by to help you

    Comment


    • #3
      Re: equita threat to enforce liability order on Ltd co in default on payments

      The use by "the council" of Equita shews that the administration of your borough has been infested by Capita - or Crapita, as many people call it.

      Complaints to the council minions will go to Crapita employees and will get nowhere. The way round this is to direct one's complaints to people not employed by Crapits - the Head of Finance, the Council CEO, your MP and your local, elected councillors.

      Which council is it?

      Comment


      • #4
        Re: equita threat to enforce liability order on Ltd co in default on payments

        Blackburn

        Comment


        • #5
          Re: equita threat to enforce liability order on Ltd co in default on payments

          Originally posted by bajan57 View Post
          Blackburn
          Thank you.

          To find your MP and elected councillors, look at https://www.writetothem.com

          Your MP is, of course, "Jumping" Jack Straw. I do not yet have the CEO details, but I'll get on to that presently.

          Comment


          • #6
            Re: equita threat to enforce liability order on Ltd co in default on payments

            Which MP should I write to? The registered office is in Norfolk, MP Keith Simpson, but the Liability order, which according to Registry Trust does not exist, was issued supposedly by Blackburn Council. Where does the law stand on this. They are trying to enforce an enforcement order against a Liability order that isn't registered at the court. I would have thought that this action is illegal. The justice's clerk would be guilty of dereliction of duty in handing over judicial powers to a council.

            Comment


            • #7
              Re: equita threat to enforce liability order on Ltd co in default on payments

              Liability Orders do not show on Registry Trust. I assume this is for NNDR or Council Tax?

              Comment


              • #8
                Re: equita threat to enforce liability order on Ltd co in default on payments

                Originally posted by bajan57 View Post
                Which MP should I write to?
                Your local MP. of course!

                The CEO of Blackburn with Darwen Borough Council is Harry Catherall - email harry.catherall@blackburn.gov.uk

                The Leader of the Council is Councillor Kate Hollern, email kate.hollern@blackburn.gov.uk
                http://94.236.33.182/CmiswebPublic/M...px?personID=15

                The Deputy Leader with responsibility for resources is Councillor Andy Kay, email andy.kay@blackburn.gov.uk
                http://94.236.33.182/CmiswebPublic/M...px?personID=42

                The Leader of the Opposition is Councillor Michael J Lee, email michael.lee@blackburn.gov.uk
                http://94.236.33.182/CmiswebPublic/M...spx?personID=7

                The members of the "Finance Council" (sic) are listed at http://94.236.33.182/CmiswebPublic/C...ommitteeID=381

                Comment


                • #9
                  Re: equita threat to enforce liability order on Ltd co in default on payments

                  Yes NNDR.

                  Comment


                  • #10
                    Re: equita threat to enforce liability order on Ltd co in default on payments

                    Have you checked to see what you actually owe? You need to speak to someone at the Council and ask the following questions:
                    1 - how many Liability Orders they have against you
                    2 - the dates they were obtained
                    3 - the addresses they were for
                    4 - the period of time each covers
                    5 - how much each one was for
                    6 - how much is still outstanding
                    7 - the dates they were passed on for enforcement
                    8 - the dates & amounts of any payments

                    Contrary to any popular myths the Rules/Regulations and Charges for NNDR are broadly similar to those for Council Tax so don't believe any guff that because it is a business they can charge what they want. Have you asked the Bailiffs for a breakdown of their fees - Equita have form for front loading all fees?

                    Comment


                    • #11
                      Re: equita threat to enforce liability order on Ltd co in default on payments

                      Originally posted by ploddertom View Post
                      Have you checked to see what you actually owe?

                      No, because the amount changes by the day with Equita.

                      you
                      need to speak to someone at the Council and ask the following questions:
                      1 - how many Liability Orders they have against you
                      2 - the dates they were obtained
                      3 - the addresses they were for
                      4 - the period of time each covers
                      5 - how much each one was for
                      6 - how much is still outstanding
                      7 - the dates they were passed on for enforcement
                      8 - the dates & amounts of any payments

                      The council will not give any information and we were told very abruptly that we had to deal with the Bailiffs

                      Contrary to any popular myths the Rules/Regulations and Charges for NNDR are broadly similar to those for Council Tax so don't believe any guff that because it is a business they can charge what they want. Have you asked the Bailiffs for a breakdown of their fees - Equita have form for front loading all fees?
                      I am writing to Equita this afternoon, lodging a formal complaint and asking for a full breakdown of the amount they want. A copy will be sent in a formal complaint to my MP as Equita are not complying with the Bailiffs code of conduct and now I will make a formal complaint to the Council asking for full details of the Liability order, and the way their appointed bailiffs are appearing to act outside of the Law.

                      Comment


                      • #12
                        Re: equita threat to enforce liability order on Ltd co in default on payments

                        Does the request from the council come under a FOI request and if so what is the charge?

                        Comment


                        • #13
                          Re: equita threat to enforce liability order on Ltd co in default on payments

                          Originally posted by bajan57 View Post
                          Does the request from the council come under a FOI request and if so what is the charge?
                          No you just ask them and there should be no charge.

                          Comment


                          • #14
                            Re: equita threat to enforce liability order on Ltd co in default on payments

                            Originally posted by bajan57 View Post
                            I am writing to Equita this afternoon, lodging a formal complaint and asking for a full breakdown of the amount they want. A copy will be sent in a formal complaint to my MP as Equita are not complying with the Bailiffs code of conduct and now I will make a formal complaint to the Council asking for full details of the Liability order, and the way their appointed bailiffs are appearing to act outside of the Law.
                            It sounds to me as if Equita are being deliberatly obstructive in which case you ask the Council to provide the breakdown. Have you considered involving your local Councillor(s) in this. If you live in the same area then you get 2 bites of the cherry as both business owner & resident.

                            Comment


                            • #15
                              Re: equita threat to enforce liability order on Ltd co in default on payments

                              The Council cannot fob you off as contrary to what they may believe they are responsible 100% for the actions & charges of their contractor - the Bailiffs. If this is the last word by the Council then move immediately to submitting a Formal Complaint to the Council CEO.

                              Comment

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