EQUITA still knocking, even when paying.

[Ishme1]

Hi,
I hope i can get some help & thank you ahead of time.


Towards the end of 2016, my partner received 2 letters from the council about missed Council tax payments.
(Due to her work schedule & general ignorance, she forgot about it)


When she called to resolve the issue (pay), she was told the issue had been passed on to bailiffs and had to deal with them, directly.


On the 24th Nov 16, she called EQUITA and paid £50 over the phone to start with.


The in December, she received an enforcement notice from EQUITA, stating she owed over £1500 including a £345 enforcement & £75 compliance from them.


She called them again but to no avail


I did some research on forums, etc & understood that she should not contact them directly anymore and deal with the Council, only.


She called the council & was told to to go back to EQUITA.


Anyway, going back to forums, i read that she should send all repayments straight to the council and cease all communications w. the bailiffs.


She'd been paying the council consistently but still receives communication from EQUITA, with the last one threatening court action.


Ive searched various forums and cant find anything to help, maybe you can. Please.


Thanks

[Milo]

Re: EQUITA still knocking, even when paying.

Hi,

Anyway, going back to forums, I read that she should send all repayments straight to the council and cease all communications w. the bailiffs.

She'd been paying the council consistently but still receives communication from EQUITA, with the last one threatening court action.

Ive searched various forums and cant find anything to help, maybe you can.

Almost as soon as the bailiff regulations were overhauled in 2014, FOI requests were being made to councils all around the country to try to establish how many of them kept direct payments and whether any councils deducted the compliance fee of £75 and dealt with the balance on a 'pro rata' basis (as they should have done).

With the regulations now being in place for almost three years, most councils now deal with 'direct payments' in the way that the law dictates (which is above). 'Debt avoidance' forums are of course unhappy and their position is not likely to change any time soon. A couple of weeks ago, a case on this subject was heard in court. The following is copied from a post that I made on the subject on another forum:

The debtor who issued proceedings (Mr B) received a Notice of Enforcement and instead of paying the debt to the enforcement company (as he should have done) he made a very costly mistake by paying the council direct (minus the enforcement companies Compliance Fee of £75). He then contacted the enforcement company to tell them what he had done and warning them not to attend his property.

Refusing to pay the compliance fee of £75 has cost this debtor many thousands of pounds.

The local authority did not apportion the direct payment as it should have done (by deducting the compliance fee) and allocating the balance on a pro rata basis, but the District Judge was quite satisfied that the debtor had not satisfied the debt by making payment only of the principal debt (minus bailiff fees). Most importantly, he said this:

'No amount of reinterpretation of the Regulations, it seems to me, comes to the aid of the claimant'

and that:

'No purposeful reading of the Regulations can, it seems to me, support the claimant's contention. It is clear to me that whether the (£xxx) was apportioned or not, (and it was accepted by the defendant that it was not, that (xxxxxx Council) kept the full amount in payment of their debt) is irrelevant to the right of the power of (the enforcement company) to enforce what had then become due by reason of their appointment, being the Compliance fee'

The District Judge when on to say that the enforcement company were entitled to take control of goods as only a part payment had been made by the debtor.

[Ishme1]

Re: EQUITA still knocking, even when paying.

So, if i pay EQUITA the £75 fee; could i continue paying the council? Or not?


I dont mind paying either party what i owe £1198 but i understand paying an extra £300 because they didnt want to respond to me.


Could you simplify it for me, please.


Thanks

[Milo]

Re: EQUITA still knocking, even when paying.

So, if i pay EQUITA the £75 fee; could i continue paying the council? Or not?

I dont mind paying either party what i owe £1198 but i understand paying an extra £300 because they didnt want to respond to me.

Could you simplify it for me, please.
Thanks

The regulations are very specific in that the Compliance fee (of £75) MUST be deducted first from any payment made (whether to the council or enforcement comapny.

In your particular case, the Compliance Fee is certainly due but if a visit has been paid...and enforcement fee of £235 may also be due.

[Milo]

Re: EQUITA still knocking, even when paying.

I am not minded to entertain either of you with your endless arguments regarding 'proceeds' and 'direct payments.