Equita turned up over a cleared debt!

[Avicus]

Very stressed out at the moment; I've just come home with something pushed under my door for a council tax debt I've already paid

Ok, to start; a while back (15th April) I received a letter from Equita stating that I owed money for council tax. There was no information about what, when, or where it was for; just a figure (£566.27) saying I owed it to London Borough of Lewisham.

Naturally I was quite concerned about this as I was pretty sure all my council tax was up to date. After a bit of investigating (trawling through my paperwork and bank statements), I got in touch with the council and found out that the figure outstanding was actually £523.77, for the place I'm in now. There had been a bit of musical chairs with other tenants a couple of years ago and this turned out to be from a short term council tax account in just my name.

Anyway, I wanted to get this cleared asap so I paid £200 to LBL on 13th May and £323.77 on 26th May. Both times I phoned the council a few days later to confirm that they applied the payment to the account and on the second time they also confirmed that the account was clear.

I had no correspondence with Equita as I have no agreement with them, and I only received the one vague initial letter on the 15th April. (just stating a cost with no breakdown of it, no dates or property details saying I owed to Lewisham Council).

Today, I come home to find a signed note pushed under my door, saying an equita enforcement agent has called today to execute a liability order issued by LBL, and they're authorised to remove my goods / vehicle. "If you fail to contact me within the next 24 hours I will have no alternative but to re-attend your property to remove your goods."

On top of this, it's got costs of £523.77 (debt), £75.00 (compliance fee), and £235.00 (enforcement). Obviously, I'm going to get straight onto the council in the morning to ask what the hell is going on...

I wanted to ask the forum; is there any way that they can break into my flat? I've got work tomorrow and don't want to sort this out and then come home to find the place has been broken into.

Any advice is very welcome; sorry for the long read!

/Pete

[Guest]

Re: Equita turned up over a cleared debt!

Hi Pete

Have no fears, nobody can break into your flat. Furthermore, no additional fees may be added for subsequent visits UNLESS they are able to take control of your goods. To do this, you will either have to let them in (which you are not obliged to & should not do under any circumstances) or they will get hold of a vehicle if they can identify which is yours. If possible, all vehicles should be parked a good 5 mins away from your flat, preferably on private land.

The notice that you received on 15th April should contain the following: (taken from The Taking Control of Goods Regulations 2013)
7. Notice of enforcement must be given in writing, and must contain the following information—
(a)the name and address of the debtor;
(b)the reference number or numbers;
(c)the date of notice;
(d)details of the court judgment or order or enforcement power by virtue of which the debt is enforceable against the debtor;
(e)the following information about the debt—
(i)sufficient details of the debt to enable the debtor to identify the debt correctly;
(ii)the amount of the debt including any interest due as at the date of the notice;
(iii)the amount of any enforcement costs incurred up to the date of notice; and
(iv)the possible additional costs of enforcement if the sum outstanding should remain unpaid as at the date mentioned in paragraph (h);
(f)how and between which hours and on which days payment of the sum outstanding may be made;
(g)a contact telephone number and address at which, and the days on which and the hours between which, the enforcement agent or the enforcement agent’s office may be contacted; and
(h)the date and time by which the sum outstanding must be paid to prevent goods of the debtor being taken control of and sold and the debtor incurring additional costs.

If the notice did not comply with legislation, it is invalid as is the visit fee. You should write to the council asap outlining the issue and insist that their agents stop visiting you as the debt is now paid in full. Any messing about, escalate the matter to a formal complaint to the CEO.

[Avicus]

Re: Equita turned up over a cleared debt!

Thanks Starving! I'm going to call the council tomorrow and if they're difficult I'll get in touch with the CEO. The original notice certainly didn't comply with anything as I had to get all of the info from the council themselves.

[Wombats]

Re: Equita turned up over a cleared debt!

ST is absolutely spot on. You have absolutely no need to worry. It just needs the council to contact the enforcement company to call them off. They cannot claim fees as they have not complied with the regulations.

[bizzybob]

Re: Equita turned up over a cleared debt!

One thing to bear in mind, if this is a Capita Council, Crapita will be in charge of the whole shebang, and obtain a Liability order anyway. then send their Equita ba EA to collect But you have been given good advice above, keep any car away from your property and keep them out, no right to break in.