Unpaid Council Tax/ EQUITA 2014

[Miss Tree]

Hi everyone - can someone out there give me some 'simple' guidance with the following.
Last Jan - June i was unemployed (1st time in over 30yrs). I didnt know I had to tell C.Tax Office. I didnt pay any C.Tax until Bailiff letter (Jan 14) requesting full amount (£900). I paid £600 to council and they said wud I pay rest March 11th. I agreed but asked them to send me form for rebate for my time unemplyed. I didnt pay cos something else cropped up, plus I didnt get rebate form. Y/day hand posted letter arrived v.early (no Knock) from EQuita saying Debt £257(?), Compliance Fee £43, Enforcement £235 Total Due £535. I tried to Auto- pay council by D.Card (not accepted). Rang Equita about £235 fee - was told in Enforcment Agts hands now. Rang them- no reply. I left msge saying I wud pay Debt plus £43 but not £235 as they had done nothing.
Went to local C.Tax Office 2 day to pay arrears - clerk said no. do it thru E.A. I asked to spk to Manager - He aswell said No. I said I am willing to pay the full £300 even though that means I'm paying full amount with zero off for unemployment. He said they sent form Feb 11th - I didnt get it. He said had to pay thru E.A. I was upset + sed I just want to get upto date with my C.Tax 2day & I will argue the E.A fees with them. But he wudnt take anything. I asked to speak to Recovery Dept - he got the Dept on phone. Young man said I had renaged on my word and didnt pay march 11th so had to go thru E.A. Was quite abrupt with me. I couldnt believe they wouldnt accept the £300 payment. He said E.A sed I cud pay back in 2 installments - but for the full £535! Wen I saids 'No, I want to pay u the full £300 here and now. I am not paying them £235 for nothing' He sed - well u will have to set something up with them yrself or get legal advice. So here i am. Do I really have to pay up the full amount of C.Tax plus £43 Compl. Fee Plus £235 Enforcement? Also 3 C.Tax people wud not take 'full payment arrears' of me today - are they right to refuse payment?

[Guest]

Re: Unpaid Council Tax/ EQUITA 2014

There is a possibility that you may be able to get the £235 removed but not for the reasons that you think.

It appears that the only dealings you have had with bailiffs is a letter back in Jan 2014. When the regulations changed in April, Equita have visited and charged you £235 for a visit. This is perfectly legitimate PROVIDED that they have been through the compliance stage.

In this transitional period where debts are overlapping the April threshold, there are 2 ways that the compliance stage may be satisfied. Firstly, if a bailiff visited before April 6th, this visit is now classed as the compliance stage. The second option is for Equita to go through the compliance stage under the new regs which involves receiving and processing the debt and writing a debtor a letter. It appears from your post that Equita have done neither. If this is correct then as they hadn't fulfilled the compliance stage, they were not in a position to attend.

Worryingly, Equita appear to be taking money from the amount outstanding and classing it as the compliance fee, coincidently within 50p of what 2 visit fees would have amounted to under the old regs. This is a blatant sign of dishonesty.

You should write a formal complaint to the CEO of the council, outlining what Equita have done. If you are unsure of anything I've written, please feel free to post back with a question. State that you require all recovery action to be suspended whilst this matter is being investigated. Also refer in your letter to the fact that you have attempted to pay off the debt in full today and that employees refused payment. Also refer them to Regulation 45(3) of the Council Tax (Administration & Enforcement) Regulations 1992 which states:

(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

As a resolution to your complaint, you require the £235 to be removed from your account, recovery action stopped and the council to adhere to Reg 45(3) and accept your payment.

[Miss Tree]

Re: Unpaid Council Tax/ EQUITA 2014

Many thanks. In my rush to get some advice I av omitted some things. Sorry.
1. I rec'd a Formal Notice From Equita 2/4/14 and a Notice 15/4 saying a Liability Notice has been issued against me. (both posted) Unfortunately I didnt open them until last night.

2. The man on the phone in the C.Tax Recovery office said Equita had been out to my house in Dec'13 and Jan'14. I said when and who? as I no nothing about this. Neither do I know who posted the letter Y/day...... It cud of been U for all I know!

I know I have been stupid lately not opening my post - but being single with a mortgage things got too much when I was out of work for 6 months . ie i didnt sign on til I had used up my savings - then, I had to wait a few wks until they gave me £70 a wk. When I got my job last June I only got paid end of July so I had to ask my daughter to loan me money so I cud get to work(felt awful) The benefits office dont tell u anything about what to do or claim, Sorry ...I Digress. Thing is, by the time I got my 1st monthly wage there was then a back log off bills - so its been a case of who shouts loudest gets paid. I assumed the £300 was no big deal and the council wud add it on to this years C.Tax.

Just a thought.....Do you think the fact the council hasnt knocked anything off for the time I was umemployed could - in theory - mean I might possibly owe them nothing at all? Or very little.

Today - I was fluctuating between being upset that they wudnt accept my payment of arrears in full and then being annoyed that all 3 said I 'Had TO' go thru the E A it was out of their hands. They Could remove the E.A in extreme cases, When I asked what they said if I was on Jobseekers, or mentally challenged - but neither of those were the case so I had to deal with the arrears thru the E.A and incurr the E.A charges.

Do I have any chance of getting that £235 removed?? Its so annoying to pay that amount for absolutely nothing. I even said to the Recovery C, Tax man via the phone - that I could use that money to pay this years C.Tax. But he was having none of it,

[ploddertom]

Re: Unpaid Council Tax/ EQUITA 2014

Sounds to me like the usual stitch up between Capita & Equita.

Many Councils have outsourced their back office functions to private companies. One such company is called Capita. They are known for not being helpful as they also own 2 Bailiff Co's, one of which happens to be Equita, this may explain why they were keen for you to pay the Enforcement Agent - if you get my drift.

[Guest]

Re: Unpaid Council Tax/ EQUITA 2014

I'm so sorry-I can't provide you with a positive here.

On the face of it, Equita have adhered to legislation. The £235 is a killer but this is what has been decided as fair by the MOJ.

To make matters worse, the council only allow claims to be backdated for so many weeks. I fear you may have lost that opportunity as well.

If you have to deal with the EA, make sure you tell him in no uncertain terms that you will not be allowing him into your home and you will not be entering into a controlled goods arrangement with him. You will also not be signing any paperwork. You will be happy to set up an arrangement but this must be affordable to you and not excessive. If it were me, I'd bank the £300 and offer £100 a month.

Tell the EA that you want the arrangement to be set up on the telephone and that you are aware that this can be done. Do not let him bully or harass you into meeting him as all he will be trying to do is get more money out of you. If he refuses the offer, tell him that you will be making a formal complaint to the council. Just be careful if you have a car as this will need to be parked well away from your house until everything is sorted.

Alternatively, you may just want to put it all behind you & get it paid off, putting it down to experience.

[Miss Tree]

Re: Unpaid Council Tax/ EQUITA 2014

How bad is that! Not keen is an understatement - all 3 refused to take payment! Now i know why. Surely this cant be legal though......to refuse payment in order for the Bailiff Co, to get their wad?

The worst of it is......people who fall behind in payments usually do so because for one reason or another they have hit hard times. When they do try to get their finances back in order and pay back anything they owe, you get hammered with ridiculous 'made up' charges and some young white collar worker who talks down to you, not giving one thought to the upset and distress its having on you. I am both furious and frustrated that I couldn't get one of them to accept my 'payment in full'. I have worked full time for almost 40 yrs....never claimed a penny except for 3 1/2 months dole money last year. Even now, my wages are fractionaly above Min.Wage...... and I'm a Shop Manager. Every penny I earn I work hard for - yet these Bailiff Company's can just make up charges for £100's for doing nothing at all!! And to have the Local Council helping them.............what a con. Just where and who do you turn to when they have you all ways.

[wales01man]

Re: Unpaid Council Tax/ EQUITA 2014

Everyone here would agree with what you say but they charge fees that are legal unless you can prove otherwise the problem is that when a Bailiff gets involved they are earning their fees up until the debt and those fees are paid .
In most cases the CT is not paid before the Bailiff is involved so they do their job?

I am in no way standing up for Bailiffs I deplore and despise them as much as anyone but until there is another way to get money owed we are stuck with them their fees are set by the MOJ only when the fees are falsely claimed can we win against them

[Miss Tree]

Re: Unpaid Council Tax/ EQUITA 2014

Thank You Very Much S.Taxpayer for your thorough reply and advice.

I will most certainly follow your advice ..... the £100 a month. I did want to get it sorted out today, but they can wait now. Especially after ploddertoms little bit of info.
Could I just ask 1 last thing ....the bit you mentioned about writing to CEO telling them about EQuita taking £43 of the outstanding £300 for themselves and the 3 C.Tax employees who absolutely refused to take any payment. Do you think I should still write? I know it wont benefit me in any way financially, but it would make me feel better if I thought those 3 stuck up 'Office' jerks got some sort of reprimandmsl:

[wales01man]

Re: Unpaid Council Tax/ EQUITA 2014

Make a Formal complait about the C.tax employees they are public servants there to help you and others when you are in trouble paying their behaviour was disgusting

[Miss Tree]

Re: Unpaid Council Tax/ EQUITA 2014

I mostly agree with what you say. This is the only experience I have had of Bailiffs charges . I guess i'm just dumbfounded as too how 2 posted letters and 1 slip of paper through my door = £43 plus £235 = £300, When I only owe the council £300 to start with.

Now I know that the council are in on it and are not prepared to be flexible or even slightly understanding in any way I think is disgusting.

The fact that the Local Council can charge people for unpaid C.Tax going back years, yet 'we' can only claim back any overpayments for a few weeks.


Im not impressed that having never been behind before with either 'Rates' or Council Tax for over 30 years, when you do default and wish to make amends there is NO LEWAY with them at all, and as punishment you have to pay them back what you owe in a limited time period and the same amount again to the Bailiffs for absolutely nothing. I most certainly consider myself to be well and truly punished by the council for falling behind...... but who do they have to answer to for being so harsh and unyielding. I have to pay double for being 1 1/2 months late. I was late because I was in agony with 2 front teeth and having suffered for several weeks had to go and have it fixed - at a cost, cos i'm working. It was an unexpected and unavoidable expense. The council dont want to know that..and I wudnt dream of telling them....but things like this happen to eveyone, and it seems moreso when you havent got the money.
I realise in comparison to some people my costs are low, but I feel its so unjust and one sided and stressful that anyone who finds themselves in difficulty are punished by making them pay such extortionate fees . Im sure most of us have queued up at Citizens Advice for a glimmer of hope and someone who will at least listen to our dilemma. I just think its all wrong to treat us all as if we've deliberately not paid. As if we're scum cos we lost our job and couldnt keep up, so they pile on more costs and pressure.

[Miss Tree]

Re: Unpaid Council Tax/ EQUITA 2014

Thank you all so much for your advice and replies.
Really appreciate all the info, and the time and trouble you all took.

X x x x x

[Guest]

Re: Unpaid Council Tax/ EQUITA 2014

As I am reading your posts, its highly likely that the £43 is accrued from the 2 previous visits in December & January and the your actual council tax arrears were £257. If there was a fee of £235 outstanding, the council could probably argue that you weren't offering full payment so they were right not to accept it. It would have been interesting to see what they said if you offered full payment including the £235 as legally, they cannot refuse this.

If you have a car, this will place you at risk of incurring further charges. If you don't have a car and are prepared to not open the door or slam it in the EA's face, you can probably drag this on for some time, without incurring any more charges. This should give you ample time to save up the balance abd pay the council direct (which they can't refuse) in your own time.