Equita bailiffs Urgent help required!! please

[archer_66]

Re: Equita bailiffs Urgent help required!! please

aww amy youre a darling!
ill do that when kiddies go to bed so i can concentrate..
ive had a letter off birmingham city council today , a bit abrupt but it says they are forwarding the complaint to the manager of equita... no mention of the debt being referred back to them due to it being in dispute. they said that they would have informed equita of the £12 payment but not forward it to them as it was their debt.but the payment of £59 was sent to equita in jan??
equita have said the want the full amount and nothing else.
should i pay directly to the council?
also just a thought when paying equita either you pay by payment booklet at the post office which has a £3.50 fee on it or by debit card over the phone.... they charge a pound admin for everytime you do this...is this allowed?? just a thought

[Guest]

Re: Equita bailiffs Urgent help required!! please

They should not be charging you anything to take payment via a credit or debit card. Have you been charged?

[archer_66]

Re: Equita bailiffs Urgent help required!! please

when i make a payment each month i phone and pay by credit card as its cheaper than paying at the post office,but they put a £1 fee on it to pay by debit card.... so each time ive phoned and paid its cost me an extra pound....

[Guest]

Re: Equita bailiffs Urgent help required!! please

Do you mean credit card or debit card - the two are different?

[archer_66]

Re: Equita bailiffs Urgent help required!! please

i dont have a credit card it was my debit card for my bank account
oops i wrote it wrong last time..... its def debit card

[Guest]

Re: Equita bailiffs Urgent help required!! please

In that case, unless its an HSBC (including First Direct) or the Royal Bank of Scotland (including NatWest) issue Maestro rather than VISA debit card you may be able to recover your money (all of it, not just the £1 they charged you) by invoking the VISA chargeback scheme.

Section 10 of the Distress for Rent Rules 1988 states that "No person shall be entitled to charge, or recover from, a tenant any fees, charges or expenses for levying a distress, or for doing any act or thing in relation thereto, other than those authorised by the tables in Appendix 1 to these Rules."

You will need to contact your card issuer and request a chargeback form in order to pursue this. You will need to complete the form with details of why you are requesting a chargeback.

This can be a complicated process however and since you have more payments to make, it might not be wise to begin this until the debt is repaid or the council have agreed to take back the debt.

[archer_66]

Re: Equita bailiffs Urgent help required!! please

its a visa debit from lloyds and a visa electron from co-op
ooo interesting!! does that mean all that ive paid so far?? not just the £1 per month??
xx

[Guest]

Re: Equita bailiffs Urgent help required!! please

How much of the debt that the bailiffs are collecting is still outstanding?

There are a few rules with the VISA chargeback scheme, for example you must make the claim within 120 days of the transaction taking place. If you have some payments yet to make, it might be wise to wait. I suggest this because if this is the only way you can make payments and you instigate a chargeback, you will not be able to continue to use the card to make future payments.

Essentially you are making a claim that the merchant (in this case the bailiff) has defrauded you. The fees a bailiff can charge are prescribed in law and charging a non-prescribed fee - such as a card fee - is fraud.

[archer_66]

Re: Equita bailiffs Urgent help required!! please

i have laods left its £501 and some pence... ive just done the form 4 for the courts and Im going to do the SAR now
)

[archer_66]

Re: Equita bailiffs Urgent help required!! please

i have posted the letter to court ,the SAR will have to wait cos i have no money yet
how long do you reckon itll take for the courts to reply? any ideas?

[archer_66]

Re: Equita bailiffs Urgent help required!! please

i posted the complaint to the OFT yesterday
in the mean time i had a response to the complaint i made to equita today
it says
further to your recent communication,the content which has been noted.I write to inform you tht your case is currently allocated to one of our bailiffs.The bailiff is Peter Downing and be contacted on......(his mobile number)
you should direct all queries to the bailiff in charge of your case.Should you have already concluded this matter with the bailiff please disregard this letter.

what shall i do now? ive wrote to 2 equita offices and birmingham city council who have basically said they dont care.ive asked for the account to be passed back to the council and it obviously hasnt .equita have wrote before saying that they havent been able to levy distress so its being passed back to client for warrant for arrest but it is now with a bailiff?? what on earth can be done about this? the OFT and the courts will take a while to get back to me and now im worried sick that ill lose everything in my home that has taken many years to get cos im a single parent... please help

[Amy]

Re: Equita bailiffs Urgent help required!! please

Call the Ministry of Justice and check him out. The telephone number is in the bailiff guide http://www.legalbeagles.info/forums/...ad.php?t=14113

[archer_66]

Re: Equita bailiffs Urgent help required!! please

hes registered .its from redditch court and its from june last year for 2 years..
what happens now?

[archer_66]

Re: Equita bailiffs Urgent help required!! please

had a letter today off equita saying basically
they will not pass it back to birmingham city council due to dispute unless BCC say so themselves
the credits (£59 was made by benefits they owed me) added to my account do not constitute payments as per my arrangement but simply reduce my overall balance and am still required to maitain agreement (although they wont accept payment unless its the full amount now)apparently they say they have made every effort to help me and stop enforcement etc and then give the bailiff name and number
i have wrote back saying they have not mentioned the credits made by myself or the slow prcessing of payments. i have asked they only make contact in writing as i shall not be discussing the account by phone or personal visit. i have also said i have reported them to OFT and the court and anything written shall be passed on to both parties as evidence. I told them i shall be making payment to BCC as in one of their letters it says it has been passed back to them and then they contradict themselves by saying its been passed to bailiff . hope this is ok?

[archer_66]

Re: Equita bailiffs Urgent help required!! please

another letter off equita saying
enforcement notice basically saying that they will be coming with a van and more charges will be added to account
ive sent a text to the bailiff outlining the situation a little saying ive made a complaint to the courts and OFT and asking him if he can help at all...
i sent a text so i can have a copy of it if i need it and plus it has the date and time on it too... i can print it off then and send it to OFT and courts if need be....