Equita Enforcement Notice

[Keoq]

Hi I was reading a previous post which was posted on here a few years ago and wondered if things had changed any! So any help anyone can provide would be brilliant.
in May 2017 my wife and I had moved rented properties, we changed our address for council tax and received a letter saying we owed money. At first we thought it was strange and that it would correct itself once we get a new statement for the new address. We paid what we were told we have to each month ontime and in November we received a letter from Equita stating Birmingham City Council had passed on the debt of our council tax. So as you do you panic and call and arrange a payment plan to resolve the issue. I paid an upfront cost to appease Equita and made an arrangement to pay £150 on the first every month until it was paid off. I made the first payment after a text reminder as agreed on 1st December and with Christmas decorations going up my wife lost the paperwork with references and scribbles etc on it. And then with the hectic Christmas time and working 2 jobs I forgot to pay (no good excuse I know) until 7th when I tried logging onto the website and no luck. Today I called Equita to make the payment and they told me the issue had now been passed to a Emforcement agent, low and behold when I got home the hand delivered letter was waiting for me. So straight away I called the agent with the number provided and no answer, so as per his voicemail I text the reference and postcode and ask him to call me back to discuss the letter. I received a text saying he was busy and unless it was to pay the amount in full to call tomorrow as he has to attend my home again. This is the first time I have ever been in this situation and it is very unsettling, I am unsure what to do as I can not pay the amount in full. And with the additional £300+ now been re-added that I had already paid off, due to his fees £900 is going to take a while to clear. I am due to call him in the morning and would like advice what to say and how to go about arranging a payment plan and if there is anyway I can get the fees taken off.
Thank you for any help and sorry if this thread is somewhere else, I can’t sleep with the worry and thought I might be able to get some quick advice.

[ploddertom]

Re: Equita Emforment Notice

Was the letter you received from Equita headed as Notice of Enforcement?
How much was the Liability Order that was granted against you?
How much are Equita seeking?
How much are the fees Equita have charged?
Do you still live within the Birmingham Council area?

[Keoq]

Re: Equita Emforment Notice

Yes it was headed Equita and the letter I received yesterday was Enforcement Notice is big capital red letters.orgianlly they we’re seeking £975, I had paid £236 and the fees they have added is £235 (which I have checked and this appears to be correct).
I do still live in Birmingham area and at the same address.
Also I have just noticed my first name is not spelt correctly (does this matter?).
I don’t want to get out of paying I was happy to pay my last agreement but I think it is harsh that they havn’t tried to contact me, with their offices being closed on New Year’s Day I couldn’t get through to them.

[ploddertom]

Re: Equita Emforment Notice

I asssume he has not gained access to your home and it would be a serious mistake to allow him to do so. He may only gain entry by peaceful means and this must be via the door, so whatever you do keep your external doors locked even if going out to the bin. Providing you have nothing of value outside - car for example - then it puts you firmly in the driving seat regardless of anything he may say. If you do have a car then this needs to be moved preferably a good 10 minute walk away or if possible on a neighbours drive.

At present he can charge no more fees unless he has Taken Control of Goods that belong to you. In the interim period make sure you keep to one side any monies that you propose to pay as if he is refusing you need to be able to pay when it is sorted. If you pay the Council direct then they may pass any payments you make to the Bailiff. If you are not already aware then BCC outsource most of their admin & finance functions to a Company called Capita. Capita actually own 2 Bailiff companies one of which is Equita.

[Keoq]

Re: Equita Emforment Notice

No he has not gained access to my home nor do I own a car, although my wife does but I assume this would not be taken into account as the letter is addressed in my name.
I have spoke with the balling and after quite a heated and aggressive chat (mainly on his part) he has told me there is no way to make an arrangement to part pay (after telling him I was willing to make payment but unable to pay the full amount) and I have to pay it in full by the end of the week.
I honestly do not know what to do as he has threatened me with goods removals which will add additional fees.

[ploddertom]

Re: Equita Emforment Notice

He can only remove goods if he has a Controlled Goods Agreement - which he has not, and to do so would need to gain entry to your home - which is not going to happen. To be honest I would make sure your wifes car is hidden out of the way as no doubt he will argue it can be taken as the debt could be joint & several, he would clamp it just to cause inconvenience anyway.

He will make further visits at times least expected such as 6am in the morning or up to 9pm at night and this can include Sundays. He may also threaten you with imprisonment which is only something the Council can do and only if you are wilfully refusing to pay - which you are not.

With the attitude he is displaying I would next contact your local Councillor(s) and tell them you are offering to pay but because of his intransigence will now refuse to deal with him or Equita and are actively saving payments ready to pay when the Council take the debt back - when and if this happens then all Bailiff fees will be removed.

The ball is very much in your Court and he will have to listen to you. He can jump up and down however much he likes but has no power over at all.

[Keoq]

Re: Equita Emforment Notice

Thanks ploddertom, I appreciate the advice you’ve given. Hopefully I’ll sleep better tonight.

Moving forward what would you suggest is the best course of action?

I plan on writing both a letter (recorded delivery) and Email to the council stating the attitude of the balliff and my intention to pay £xx amount on a set day every month until the debt is covered. I have also read that I should pay the council direct on their website. What else should I do? Should I inform Equita?

Thanks again for your advice.

[ploddertom]

Re: Equita Emforment Notice

Thanks ploddertom, I appreciate the advice you’ve given. Hopefully I’ll sleep better tonight.

Moving forward what would you suggest is the best course of action?

I plan on writing both a letter (recorded delivery) - you only need to send this by ordinary post as long as remember to obtain a Certificate of Posting from the post Office - and Email to the council - remember to ask for a Read Receipt - stating the attitude of the balliff and my intention to pay £xx amount on a set day every month until the debt is covered. I have also read that I should pay the council direct on their website - that is up to you but personally I would not as the Council will most likely forward it on to the Bailiffs. What else should I do? Should I inform Equita? - no need to as the Council will sharp tell them what is happening.

Thanks again for your advice.

In any letter to the Council you must maintain that the Bailiff is insisting on full payment - which you cannot afford, refuses to entertain a viable payment arrangement, is threatening to call and remove goods for sale even though he does not have a Controlled Goods Agreement, therefore because of his intransigence you will not allow him access to your home, Make sure a copy goes to your local Councillor(s) and if it turns out they are not interested or refuse to help the go to the Leader of the Council & his appointed opposite number. Whatever happens keep to one side whatever payment you are offering.