**URGENT** Eqita Bailiff

[Guest]

Re: **URGENT** Eqita Bailiff

Starving Taxpayer, I think you are partially correct, but I also think National Debtline is also correct. The good thing about National Debtline is they were one of the few organisations that received their training in the new regulations directly from John Kruse, so their training was top notch.

By volunteering your I&E at this stage, effectively you are proving that what you are paying is what you can afford, no more, no less, thus if, in future an EA tries to demand more than this, it is in writing that you cannot afford it so the EA is open to formal complaint.

Having said that, I agree it would be good, alongside what you send to the council regarding your intended payments, to ask for written confirmation that this is acceptable. The national standards ( taking-control-of-goods-national-standards.pdf ) state where a LA has stated a repayment proposal is acceptable, the EA should accept it. They are therefore on very dodgy ground if they fail to do so.

I wouldn't suspend payments, as that is willfully not paying - a VERY different thing to not being able to pay. It also prolongs a very stressful time.

I would be asking the council to take it back under their control given the circumstances, and asking for clear instructions on how to allocate payments to each individual account to stop this happening again.

The National Debtline did not address the two most important issues ie the £235 fee & the possibility of getting recovery action suspended whilst the situation is resolved. By telling the debtor to pay the original amount will not stop the EA returning & charging further fees.

The advice is standard template debt advice but when civil enforcement is involved, there are other factors to consider.

Furnishing them with an income & expenditure can also open a can of worms in that there could well be an argument for the debtor to pay even more than was originally agreed. The debtor would effectively be placing him/herself under a self inflicted AOE order with the added threat of EA action.

The council will not agree any repayment plans and they will not take the debt back-The only chance of suspending action (albeit temporarily) would be in the form of a formal complaint.

[Wombats]

Re: **URGENT** Eqita Bailiff

A very interesting take on the situation ST. :tinysmile_twink_t2:

[Guest]

Re: **URGENT** Eqita Bailiff

I would describe it as a very logical take on the situation.

I would also add that the debtor may just as well have spoken to a brick wall regarding the advice given by National Debtline. The debtor could have continued to pay double the agreed amount & it still wouldn't have prevented further EA visits & potential charges. It may look good in 6 months time for normal debts but when it comes to civil enforcement, the debtor doesn't have 6 weeks, let alone 6 months.

& people also need to forget about this romantic notion that the council are going to take a debt back every time a debtor sheds a few tears.

[Wombats]

Re: **URGENT** Eqita Bailiff

A very interesting take on the situation ST. :tinysmile_twink_t2:

Wombats

[bizzybob]

Re: **URGENT** Eqita Bailiff

As it looks like a Crapquita stitch up so the Formal Complaint is a good way forward, as PIKEO is unlikely to have spoken to a bona fide council employee at all, Capita would be most reluctant to pass a disgruntled debtor to an actual high ranking council official. make sure you call the local ward councillor also

[PIKEO]

Re: **URGENT** Eqita Bailiff

Been in touch with my Councillor and he agreed to sit down and work something out with the repayments, so I will keep you updated

[bluebottle]

Re: **URGENT** Eqita Bailiff

Been in touch with my Councillor and he agreed to sit down and work something out with the repayments, so I will keep you updated

Well that's something.

[Wombats]

Re: **URGENT** Eqita Bailiff

Been in touch with my Councillor and he agreed to sit down and work something out with the repayments, so I will keep you updated

That's great news. Councils will usually sort something out when push comes to shove - I'm pleased for you.

[bluebottle]

Re: **URGENT** Eqita Bailiff

To be honest, Wombats, where local authorities have recalled CT debts from bailiffs, sat down with the debtor and worked out realistic repayment arrangements, they end up collecting more than where they have used distress. If distress is used as a means of collection, it should only be used in cases of Won't Pays. All too often, some malevolent so-and-sos think it should be the default option. Local authorities infested by Capita are a prime example. It would not surprise me either if certain civil enforcement companies insisted on minimum levels of work, which means they are dictating to local authorities as to use of distress. If this is, indeed, the case, it needs stamping on PDQ.

[PIKEO]

Re: **URGENT** Eqita Bailiff

Hi all, my Councillor actually called round to my home today to have a quick chat and himself and others are going to sit down this following Monday to work things out and he has been so helpful and also told me that the Bailiffs have been told to stay away to see what we can work out. I so happy and grateful for all you help and advice I don't think I would have getting this sorted this quick without you guys, will keep you updated if you like and thanks once again.

[bluebottle]

Re: **URGENT** Eqita Bailiff

Hi all, my Councillor actually called round to my home today to have a quick chat and himself and others are going to sit down this following Monday to work things out and he has been so helpful and also told me that the Bailiffs have been told to stay away to see what we can work out. I so happy and grateful for all you help and advice I don't think I would have getting this sorted this quick without you guys, will keep you updated if you like and thanks once again.

It sounds like you have good ward councillors. If any of them are on the council's scrutiny committee, they might wish to call in the council officers responsible and ask them to explain their actions and why they have allowed Capita/Equita to behave in the way they have.

[bizzybob]

Re: **URGENT** Eqita Bailiff

It sounds like you have good ward councillors. If any of them are on the council's scrutiny committee, they might wish to call in the council officers responsible and ask them to explain their actions and why they have allowed Capita/Equita to behave in the way they have.

Many ward councillors and elected leaders are horrified when the bailiffs their officers have managed to get appointed act like Dog the Bounty Hunter, they are even more mortified when they realise that in extremis the buck could well stop with them.

[bluebottle]

Re: **URGENT** Eqita Bailiff

Many ward councillors and elected leaders are horrified when the bailiffs their officers have managed to get appointed act like Dog the Bounty Hunter, they are even more mortified when they realise that in extremis the buck could well stop with them.

I sent an email to a Plymouth City Council councillor earlier this evening about the kick in the nuts JBW got from Lord Tugendhat when they tried to stop Panorama going out on 6 April in which one of their goons was seen behaving in the most appalling manner towards a debtor. PCC now uses JBW after getting rid of Crapita/Equita/Ross & Roberts last April.

As for bailiffs behaving like Dog the Bounty Hunter, Dog and his clan are angels compared to some of the specimens working in the civil enforcement industry.

[Wombats]

Re: **URGENT** Eqita Bailiff

To be honest, Wombats, where local authorities have recalled CT debts from bailiffs, sat down with the debtor and worked out realistic repayment arrangements, they end up collecting more than where they have used distress.

This contradicts itself. If they end up collecting more, then repayment arrangements are not realistic. Where I have heard of cases going back to the council it has always saved the debtor money.

What does concern me is the FSN sets out various options, EA's / bailiffs being perhaps the least favourable, yet the one which is used most. Sadly, like it or not, this is often because previous letters which could have avoided the action have been ignored.

Clearly if a EA / bailiff is used, then everything should be done by the book and both council and enforcement company are 100% accountable through the vicarious liability.

[bluebottle]

Re: **URGENT** Eqita Bailiff

This contradicts itself. If they end up collecting more, then repayment arrangements are not realistic. Where I have heard of cases going back to the council it has always saved the debtor money.

What does concern me is the FSN sets out various options, EA's / bailiffs being perhaps the least favourable, yet the one which is used most. Sadly, like it or not, this is often because previous letters which could have avoided the action have been ignored.

Clearly if a EA / bailiff is used, then everything should be done by the book and both council and enforcement company are 100% accountable through the vicarious liability.

Sorry, Wombats. I'll clarify. Where local authorities have recalled debts from bailiffs and come to realistic repayment arrangements directly with debtors, the total amount of arrears collected in this way have been greater than if they had been left with bailiffs. This is because the repayments are spread out over a longer period of time and the debtor can realistically afford the repayments. It is when accounts are reconciled that it becomes clear how much in arrears have been collected compared to, say, the previous financial year.