Help with Equita and council

[labman]

Re: Help with Equita and council

At the very bottom of page 3 they have stated visits 1 and 2 under the same date, repeated in Years 2-4.

Under legislation they are only allowed to charge one of these fees in one day.

They may claim it wasn't meant like that, but it can certainly reasonably be interpreted that way.

[astraldream]

Re: Help with Equita and council

would you be able to copy and paste the paragraph please so i can highlight it in my letter?
I just dont understand the letter it confuses me all the way through. Especially the payments i have paid are all incorrect.

[labman]

Re: Help with Equita and council

I can't as it is in the table literally at the bottom of Page 3.

You'll see a row of Vist 1 at £24.50 and under it a row of Visit 2 at £18.00. These are totalled up at the end of each row.

If you still have problems, I'll try to screen print it, but I'm not brilliantly technical. :beagle:

[astraldream]

Re: Help with Equita and council

Thanks for that Labman. I have added a paragraph about the payments shown as they are saying i have paid less than i actually have. I wil send that off today. Thanks again.

[ploddertom]

Re: Help with Equita and council

There is another point you should ask the Council. I note the dates of the Liability Orders and the dates the Bailiff says he has visited. However what I do not see are the dates on which the Council passed each account to the Bailiffs. I ask this for the simple reason that the Council may have handed them over singly, in pairs or altogether and this may have a bearing the fees that may be applied.

[CleverClogs]

Re: Help with Equita and council

I can't as it is in the table literally at the bottom of Page 3.

You'll see a row of Vist 1 at £24.50 and under it a row of Visit 2 at £18.00. These are totalled up at the end of each row.

If you still have problems, I'll try to screen print it, but I'm not brilliantly technical. :beagle:

I have printed the screen to a file, which I enclose below.

It would appear that the ba:censored:rd bailiff is claiming to have visited on two different dates in respect of each Liability Order but, as we both know bailiffs to be inherently disingenuous, it may be possible to shew that no such visits ever occurred.

It might also be helpful or, at least, amusing to get the Chief of Revenue to indicate where in Schedule 5 of the Council Tax (Administration and Enforcement) Regulations 1992 any card payment fee is mentioned. As we know, it is not mentioned and hence such fees may not lawfully be charged.

[astraldream]

Re: Help with Equita and council

Just some more advice on this please?

I have written a letter to the council ceo and after 4 weeks i finally received a response where despite me laying out quite blatantly that i would not be paying equita anymore they ignore this and have gone on to say i should continue to pay them???

I have met with my councillor who is as helpful as a wet paper towel.

So basically is my next step the LGO? and do i send all copies of my letters to and from the council?

and in the meantime do i let the council know i will be doing this or do i not notify them let equita send me snotty letters so it builds my case of harrassment?

[bluebottle]

Re: Help with Equita and council

If there is clear evidence of fraud on the part of Equita, the CEO of the local authority involved needs to be made aware of this and that it is an offence to aid, abet, or be an accessory to an offence. It is also an offence to facilitate an offence. Could you please confirm there is evidence of fraud?

[astraldream]

Re: Help with Equita and council

Im not sure about fruad? They said i was consistantly late with payments which i wasnt they have now said they have made a mistake. There is a discrepancy still of 100 which despite asking the council (i am not communicating with equita) i have had no explanation.
They still have not addressed the issue i have had what i would deem threatening letters from equita despite me paying not just on time but early they are continuing to back equita up.

[astraldream]

Re: Help with Equita and council

any more advice please?

[bluebottle]

Re: Help with Equita and council

In your case, Equita have made a statement that you are late paying when, in fact, you are on time or early paying. By doing this, you would be caused loss or exposed to loss or the risk of loss as a result of their actions. Equita does not have to do so deliberately. Being reckless as to whether what they say is true or not is enough. Fraud is an arrestable offence under Section 2(1), Fraud Act 2006. Section 12 of the Act makes companies, their directors, officers, secretaries and managers liable for offences committed by a company.

Although Equita has now admitted to "making a mistake", as a polite plumber would say, "That is a load of ballcocks".

Sending threatening letters to another is an offence under Section 1, Malicious Communications Act 1988.

Making unwarranted demands with menaces is an offence under Section 21, Theft Act 1968, but is better known as Blackmail.

Fraud by False Misrepresentation carries a maximum penalty of up to 10 years' imprisonment.

Sending Threatening Letters carries a maximum penalty of a fine of up to £20,000, or a term of imprisonment not exceeding six months, or both.

Blackmail carries a maximum penalty of up to 14 years' imprisonment.

If you are still receiving threatening letters from Equita, I can post up a Notice to Desist letter to send to them. You would then have to send a copy to the CEO of the local authority involved, warning him/her than the local authority is 100% vicariously liable for the actions of Equita.

If you are receiving threatening telephone calls from Equita or the council, this is dealt with under Section 127, Communications Act 2003.

Post up if you need anymore help.

[astraldream]

Re: Help with Equita and council

Thank you. I just love this forum, so basically the CEO didnt address any of the points that were in my letter and has just skimmed over and said i should continue to pay equita and i wont receive letters if i continue to pay.

Do i wait for the threats to come as we know they will and send your letter OR do i contact the LGO as i said i would and wait for the threats to come and send the letter?

[bluebottle]

Re: Help with Equita and council

Could you scan and post up one or more of these letters from Equita, removing personal information before posting on this thread, please? Once I have seen exactly what Equita have said, I will be in a better position to give you appropriate advice.

[astraldream]

Re: Help with Equita and council

Yes i will do it first thing in the morning. Thank you!

[labman]

Re: Help with Equita and council

If you said you'd contact the LGO, that is what you should do. A threat should never be made, you're not prepared to carry out.

If you feel this could wait, I'd get BB to draft his letter and send it to the CEO, with a copy of the original letter again. Also copy in your MP.

I'd also make a formal complaint about your councillor - they're paid a lot of money from the public purse to do their job, and are little use if they don't then do it.