New member - Council tax arrears Equitas

[julia305]

Re: New member - Council tax arrears Equitas

Oh blimey ok! Well that's something I'll raise with them tomorrow.

[Milo]

Re: New member - Council tax arrears Equitas

Oh blimey ok! Well that's something I'll raise with them tomorrow.

I personally would not bring this up yet. Wait to receive a response. From the other Redbridge cases that I have seen a 2nd letter should be sent after the expiry of the 7 working day. The 2nd letter should be a further chase up letter.

I am concerned at the date on the Notice of Enforcement and would be interested to see it.

[Guest]

Re: New member - Council tax arrears Equitas

The other way of dealing with it would be to bring it up, along with the incorrect dates on the notice. Equita are not only ignoring council instructions, but also legislation.

4.5 states that where there is a case to call back action, they should consider it. Would anyone at the council be happy to deal with a company that has such blatant disregard for protocols? In addition, Julia is demonstrating a willingness to repay the debt directly to the council, has made 2 payments without the need for enforcement and has an offer in writing to commit to a payment plan. There certainly seems a strong case to call back action now.

Having a further 21 days is neither here nor there as the problem will still be there at the end of it. It could be better to use this abuse of protocol to get rid of the threat of enforcement all together.

[Kati]

Re: New member - Council tax arrears Equitas

The other way of dealing with it would be to bring it up, along with the incorrect dates on the notice. Equita are not only ignoring council instructions, but also legislation.

4.5 states that where there is a case to call back action, they should consider it. Would anyone at the council be happy to deal with a company that has such blatant disregard for protocols? In addition, Julia is demonstrating a willingness to repay the debt directly to the council, has made 2 payments without the need for enforcement and has an offer in writing to commit to a payment plan. There certainly seems a strong case to call back action now.

Having a further 21 days is neither here nor there as the problem will still be there at the end of it. It could be better to use this abuse of protocol to get rid of the threat of enforcement all together.

Which is what I have been saying from the start ST ... I might bluster about making complaints, but I have said the council should be recalling this from the bailiffs, that the OP has shown a willingness to pay, that the bailiffs (and YES, the council too) are going against the regulations. Complaints may not be the way forward, but STILL these points must be made to not just the council but to Equita too :tinysmile_twink_t2:

[Guest]

Re: New member - Council tax arrears Equitas

Complaints are certainly the way forward Kati. In many cases, they are the only way of getting something done about a certain situation. I just prefer to get as much info as possible, in order to present the strongest case. This thread is a classic example. Simply telling the bailiff that you sre not dealing with him and will be paying the council directly would have ultimately ended up costing the debtor a further £235 enforcement fee (as made clear in the councils letter). Debtors do not have a choice in who they pay, once enforcement action has commenced and there needs to be a really good argument in order for a council to take a debt back.

In this case, the argument is not the strongest but it is certainly enough to lodge a complaint and ask for the debt to be taken back.

[bizzybob]

Re: New member - Council tax arrears Equitas

SP is right, any complaint must have the backing of salient facts that gives little or no wriggle room for the bailiff or LA, otherwise it is a waste of time and effort. Early engagement with the EA is essential, and if they refuse reasonable offers based on a debtors abilitry to pay to engineer a visit and do it to apply the £235, as appears to be the MO of some enforcers, then in those cases the complaint should be robust. MOJ is allegedly watching for this.

[julia305]

Re: New member - Council tax arrears Equitas

Wow this is so interesting. Just goes to show how companies can ride roughshod over people. Ok here's what I've done so far:
1. numerous emails to council asking for payment plan. I also quoted that section to them about dealing with the debtor. I asked if they would take the debt back.
2. Numerous emails to equita asking the same.
3. Letter yesterday to equita asking for payment plan and mentioning that I wasn't given enough notice. I said I'd be willing to overlook the £75 fee if they agreed to the payment plan
4. I ccd the council in on that letter and wrote the same again - that I have paid money and am showing a willingness to pay but I would like more time etc

i scan in the notice of enforcement when I get to work. What's my next course if action? I don't know what to do low and have only 1 more day. I really really don't want to ring them lol but looks like I'm gonna have to
thank you all for your help

[Kati]

Re: New member - Council tax arrears Equitas

You've already shown that both the council and Equita are in the wrong in this matter, they haven't given you proper notice, they haven't followed their own regulations, they have given you a chance to get the enforcement action either put on hold while it is dealt with by the bailiffs or recalled by the council (and no further bailiff action). I would say "the ball is in their court" now - if a bailiff DID turn up tomorrow, s/he would just be adding wood to the flames :tinysmile_twink_t2:

Kati x

[Milo]

Re: New member - Council tax arrears Equitas

The problem that we have is that whilst the Council Guidance from Eric Pickles is excellent it is not legally binding and neither is the National Standards. They are both guidance.

At this present time the National Standards 2014 are currently under review and is in the process of being changed. Meeting have taken place with Stakeholder groups ( I am a member of 2 such groups) and they have been asked to provide suggestions for the revised Standards. The revised Standards will be looking to incorporate the Council Tax Guidance in some way. It was hoped that the revised Standards/Guidance would be released by now but only yesterday we were notified of a delay. It would seem that the Council Tax guidance will stay in one form or another. Discussions are continuing.

Bizzybob is correct. The Ministry of Justice are carefully looking at how the new regulations are 'bedding in' and it is known that amendments will indeed be made to the statutory regulations (Schedule 12 of TCE) and the Taking Control of Goods regulations within the next 3 months (and will continue to be reviewed).

One important area (and one that I wrote extensively about in a media publication) is the matter of the '7 working days'. Frankly it is a problem and all stakeholders have been asked to provide evidence to the Ministry of Justice where the number of days is not being adhered to. I can assure anyone that any cases that I see now are being reported. The enforcement companies have had long enough to get their house in order.

Local authorities continue to be a major area or concern as a large number of them have little or no idea how the new regulations work and this is made significantly worse given that the majority of local authorities received training sessions on the new regulations....by the bailiff companies.

Coming back to Redbrdge. Firstly they need a 'pat on the back' for insisting that a period of 21 days be given to debtors. However, I would suggest that Julia should not complain at this point at present given that I am to understand that the 21 days consists of an INITIAL letter allowing 7 working days and if payment is not forthcoming a SECOND letter will be sent allowing a further period (which in total will be 21 days). I would prefer to see whether Equita send the 2nd letter instead of complaining IN ADVANCE. The reason being that last week we came across evidence where this time period is not being observed (although the enforcement company was not Equita). Most local authorities have at lest 2 different companies under contract.

My final point is concerning local authorities taking accounts back into their control. Whilst this provision is suggested in the Council Tax Guidance from DCLG it needs to be made clear that Eric Pickle's guidance was published last summer and had not be written with the new regulations in mind. It was not known then that any provision would be included that provide that if a local authority agree with the debtor to accept direct payments or to recall the account back into their control that the LA should be responsible for PAYING the bailiff fees incurred to date!!! Accordingly, very few LA's take accounts back once they have been passed to the bailiff company.

Julia, I think that you have done enough at the moment and you should now wait for the response from Equita.

[Kati]

Re: New member - Council tax arrears Equitas

I just hope that Equita DO send a second letter extending the "7 working days" and don't just turn up!

I do agree with Milo on this tho' - it's just a waiting game now

x

[ploddertom]

Re: New member - Council tax arrears Equitas

I just hope that Equita DO send a second letter extending the "7 working days" and don't just turn up!



x

I think one thing to watch for in this particular case is that Equita manipulate this to their advantage. If there is indeed a follow up letter on the way they could then claim that the initial letter was just that and the inclusion of the 2nd letter does indeed give them more than 7 days clear notice. There is a good chance that they are hoping debtors do not know of the current Regulations or the extended Notice available and just cough up regardless.

In my view situations like this one need to be more transparent - after all there is a fudging of legislation & local practice - and this can be partly resolved by scrapping the 7 clear days and introducing say 21 calendar days instead with Notice being given by 1st or 2nd class post only.

[bizzybob]

Re: New member - Council tax arrears Equitas

The fact that Capita often infest a council using Equita can be a detriment to a debtor, and if such a situation was in the Stock Exchange or a City fdinancial institution. they would be in jail for insider trading. The Capita/Equita/Ross 'n Robbers stitch up is unethical in the extreme.

[julia305]

Re: New member - Council tax arrears Equitas

So should I do nothing and deal with the bailiffs when they arrive or ring them to avoid a visit?

[Kati]

Re: New member - Council tax arrears Equitas

I think the consensus (at the minute) is for you to wait and see if they send a follow on letter :tinysmile_grin_t:

If the bailiff turned up tomorrow, they would be going against the councils written contract (21 days) and would, therefore, not be able to charge you for the visit :tinysmile_twink_t2:.

Kati x

[julia305]

Re: New member - Council tax arrears Equitas

OK thank you. I wish they would just accept the offer though its horrible thinking that the bailiffs might call at any moment.

Anyway, here is the notice of enforcement Milo