New member - Council tax arrears Equitas

[Milo]

Re: New member - Council tax arrears Equitas

Julia,

A lot of local authorities are providing clauses within their contracts about the number of days that must pass before an 'Enforcement' visit is made (incurring a fee of £235) and even the number of letters that must be sent before such a visit.

In the past few weeks more information is coming through from local authorities about the number of letters etc and time frames for payment arrangements and it is my understanding that in the case of LB of Redbridge a further "reminder" letter must be sent to debtors 16 days after the Notice of Enforcement.

A lot of enforcement companies are finding significant increases in the number of letters and emails being received from debtors but one of the better companies to address correspondence quickly is Equita.

PS: When sending correspondence by email we always suggest that in the 'header box' the following is put:

URGENT: Payment Proposal: Account number: xxxxx

[julia305]

Re: New member - Council tax arrears Equitas

Ohhh OK thanks Milo. I've already sent the letter now and emailed it but when I chase tomorrow I'll put that in. I wonder if LB Redbridge have a get out clause then.... i'm hoping that what i put about the time frame might provide a bit of leverage for me in them accepting my payment proposals anyway. I havent received a reminder letter although I did get one yesterday saying that i must not correspond with the council i must now correspond with the bailiffs otherwise i will incur the £235 charge. I have asked them to recall the debt from the bailiff back to the borough and accept my payment proposals but at the moment nobody has responded. I will continue to chase.

[Kati]

Re: New member - Council tax arrears Equitas

hold on ... they told you in writing that you

must not correspond with the council i must now correspond with the bailiffs otherwise i will incur the £235 charge

????

is there any chance you could post that up (with personal/identifying details removed) when you get back from work??

[julia305]

Re: New member - Council tax arrears Equitas

Yes they did. I just re-read the letter and notice that they acknowledged the £50 I paid in August. I paid another £100 yesterday.

i think i just uploaded the letter.

[Kati]

Re: New member - Council tax arrears Equitas

That goes directly against regulations!!! The council cannot say that.

They have (in my opinion) messed up big time in just one little letter - I would (again personally - and others may disagree) make a complaint about it, or at least bring it to their attention :tinysmile_twink_t2:

x

[Milo]

Re: New member - Council tax arrears Equitas

Julia,

I am troubled by the 'very strict' interpretation of the 'seven working days' for making payment. Are you able to upload a copy of the Notice of Enforcement showing the date of the notice and the date by which payment must be made. Obviously please remove your personal information.

Only a few days ago I read guidance from the new Director General at CIVEA outlining their expectation of the interpretation for '7 working days'. I would like to compare your letter with CIVEA's guidance.

[Guest]

Re: New member - Council tax arrears Equitas

That goes directly against regulations!!! The council cannot say that.

They have (in my opinion) messed up big time in just one little letter - I would (again personally - and others may disagree) make a complaint about it, or at least bring it to their attention :tinysmile_twink_t2:

x

I would disagree with you Kati

The most important thing to do when receiving notice from bailiffs is to communicate with them. Failure to do so will result in additional fees being incurred. This is effectively what the council are saying in their letter.

[Kati]

Re: New member - Council tax arrears Equitas

I would disagree with you Kati

The most important thing to do when receiving notice from bailiffs is to communicate with them. Failure to do so will result in additional fees being incurred. This is effectively what the council are saying in their letter.

I knew you would ST :tinysmile_twink_t2: but, I'm not saying that the OP shouldn't communicate with the bailiffs - what I'm saying is the council (with the wording of the letter we have seen) has gone against the regulations for enforcement of CT arrears and should be made aware of this (either by it being pointed out 'in passing' OR by way of a complaint) :tinysmile_grin_t:

As I have already said twice on this very thread - section 4.5 of the Guidance of Enforcement of Council Tax Arrears states "Local Authorities should remain prepared to deal directly with individuals at any point. It is perfectly within their gift to call action back from the bailiffs at any time and where there is a case to do so they should consider such action"


Kati x

[Guest]

Re: New member - Council tax arrears Equitas

That is not a regulation though-It is guidance.

Regulations state that if you don't pay your council tax, a LO will be issued, this gives authorities certain powers. One of these powers is to use bailiffs. Regulations also state that a visit may be made to the debtor 7 clear days after the NOE and that this will cost the debtor a further £235.

Councils will argue that once a debt is recalled, they cannot ask bailiffs to intervene further down the line. If the debtor can afford to enter into a payment plan, then there is no need for the debt to be recalled and no need for a bailiff to visit. As you've probably seen, it is a big enough task trying to get debts returned to councils when vulnerable people are involved.

[Kati]

Re: New member - Council tax arrears Equitas

If you have any questions about this, please contact us by phone 020 8708 4361 or email council.tax@redbridge.gov.uk. We may then be able to come to an agreement to avoid the use of Enforcement Agents

From the OPs own council's website ...

http://www2.redbridge.gov.uk/cms/cou..._enforcem.aspx

[julia305]

Re: New member - Council tax arrears Equitas

Apologies for delay I was on the tube. Milo I'll attach the notice tomorrow as I have no scanner at home.

Once again thank you all for your input and advice

[Kati]

Re: New member - Council tax arrears Equitas

You can try to make an arrangement to pay the debt back at a rate you can afford. If you haven’t let the bailiffs in, and they haven’t been able to list any of your goods, then it is best to make payments directly to the council. Send a letter to the bailiffs’ firm to tell them you intend to make your payments directly to the council.

From the National Debtline website ......

https://www.nationaldebtline.org/EW/...y/Page-03.aspx

[Milo]

Re: New member - Council tax arrears Equitas

[/FONT][/COLOR]From the OPs own council's website ...

http://www2.redbridge.gov.uk/cms/cou..._enforcem.aspx

Thank you Kati for posting that link. I am correct about the extended period being allowed by Redbridge for the Compliance Stage and there is a lot of work going on in the 'background' to get other local authorities to do the very same.

[julia305]

Re: New member - Council tax arrears Equitas

Ok so I'm being a thicky again - does this mean that equita have acted hastily? Firstly with not giving 7 days then the 21 day period? What should I do?

[Kati]

Re: New member - Council tax arrears Equitas

Thank you Kati for posting that link. I am correct about the extended period being allowed by Redbridge for the Compliance Stage and there is a lot of work going on in the 'background' to get other local authorities to do the very same.

I actually hadn't noticed that Milo :tinysmile_aha_t:

On receipt of each Liability Order, the Enforcement Agent will issue a written Notice of Enforcement that provides you a minimum period of 7 clear days in which to pay the outstanding council tax or reach an agreement for payment with them. Although the new Regulations stipulate the period for contact is 7 clear days; we have instructed our Enforcement Agents to allow an extended period of contact up to 21 days.

So the EA in this case should be giving the OP 21 days and not 7 before the Compliance stage is escalated to the Enforcement stage!
[MENTION=52181]julia305[/MENTION] - the bailiffs are going against the council by only giving you 7 days :tinysmile_twink_t2: