New member - Council tax arrears Equitas

[julia305]

Hi all and thank you for reading my query.

Ive got into financial difficulty and owe about 4 or 5 months council tax. On top of that i buried my head in the sand and didnt open any letters yes i know its stupid. ive now received a notice of enforcement from equitas bailiffs saying that unless i pay in full or reach a payment agreement by 4 September they will come back and take my goods. I have been reading up on this and i know I can refuse entry etc but to be honest, i'd rather just try and pay the money. They are suing me for the whole of the council tax which is £990 plus £75 compliance stage fee and there's no way on earth i have that kind of money to pay in full so who do I contact to try and reach a payment agreement? A lot of internet sites say dont deal with the bailiff deal with the council. I've already paid £50 last week directly to the council anyway in an attempt to clear up the debt but i'd like to offer something like £150 - £200 a month. Should I just ring the bailiff? I was going to pay another £100 today but not sure whether to pay directly to the council or the bailiff. Any advice would be most appreciated.
Thank you in advance

[Kati]

Re: New member - Council tax arrears Equitas

Do EVERYTHING in writing when dealing with bailiffs!!!

Personally, I believe that it is always better to deal directly with the council in regards to CT debt, If you can pay another £100 today, then do it - and contact the council requesting a payment plan. Explain that you are willing and able to pay £??? monthly via standing order or Direct Debit, and make sure you can stick to it!! Ask the council to recall the debt from the bailiffs (they'll often say no to start with, but it is in the regulations that they can) to stop any extra charges being added.

Make sure you go for a payment plan that you are certain you can afford - and don't miss any.

Kati x

[julia305]

Re: New member - Council tax arrears Equitas

Thank you so much for your quick reply. So I'll pay £100 now through my bank directly to the council and ring them later requesting a payment plan? What should I say to persuade them if they say no they wont recall the debt?

Thank you for your help i've not been in a situation like this before and its really worrying me.
Jules

[julia305]

Re: New member - Council tax arrears Equitas

Thank you so much for your quick reply. So I'll pay £100 now through my bank directly to the council and ring them later requesting a payment plan? What should I say to persuade them if they say no they wont recall the debt?

Thank you for your help i've not been in a situation like this before and its really worrying me.
Jules

[Kati]

Re: New member - Council tax arrears Equitas

take a look through these attachments :tinysmile_grin_t: - they should get you up to date on the regulations. Just remember ... if you get fobbed off by someone at the council, ask to speak to someone higher. You are willing to pay, you are just asking for time, and payments that are affordable !!

Get any agreements with the council backed up in writing (for your records)

[Kati]

Re: New member - Council tax arrears Equitas

oh .... and DON'T WORRY!!

Kati xx

[julia305]

Re: New member - Council tax arrears Equitas

Thank you :-) I've just paid the £100 straight to the council and found an email address for council tax debt on the Borough website so I emailed them saying that due to financial hardship i got into arrears etc and I really would like this matter transferred back to them to avoid further fees and that I'm certainly not trying to avoid paying it. I made an offer of £150 a month so fingers crossed! This is a great site :-) thanks for your help Kati

[Kati]

Re: New member - Council tax arrears Equitas

I'm glad I helped!! We're a friendly bunch on LB, and there are lots of knowledgeable people here that are more than willing to advise.

fingers crossed for you that the email works

just give me a shout if you need any help xx

[julia305]

Re: New member - Council tax arrears Equitas

Will do :-) i hope i'll email them again tomorrow if I dont hear anything and ring them. One last question - on the notice of enforcement it said I have to pay or agree a payment arrangment with the enforcement agent by 5.30pm on 4 September. Does this mean that they are gonna turn up soon after that? I noticed from one of the guidelines that the creditor is obliged to keep the bailiff informed of any payments so hopefully the council will let them know that i've paid some money.

[Kati]

Re: New member - Council tax arrears Equitas

I wouldn't worry about them turning up .... if they do, just inform the person that you are in contact with the council and close the door on them :tinysmile_twink_t2:.

The council will contact the bailiffs to inform them of any payment plans etc.....;

Kati xxx

[ploddertom]

Re: New member - Council tax arrears Equitas

You do need to get in contact with the Enforcement Co and try to come to a suitable arrangement. Failiure to do so will result in the next stage of Enforcement which will include a fee of £235 being added to the debt.

[Guest]

Re: New member - Council tax arrears Equitas

Spot on PT

The OP should either contact Equita, advising that you have emailed the council requesting that the debt is taken back and that you ask for recovery action to be suspended whilst awaiting a decision. I don't hold much hope of the council taking the debt back so be prepared to start paying Equita directly-You may even want to try to enter into an arrangement with them straight away, in order to guarantee that a visit won't take place. If you do, I would offer £100 a month and let them drive the figure up to £150/£200 which is still within your reach. Advise that you can make payments at the end of each month, beginning with this one. (this will allow time for the council to respond to your request). Be warned though, Equita may push for a payment almost immediately.

Be aware that any time after the 4th, thet can visit which will cost you a further £235.

[Kati]

Re: New member - Council tax arrears Equitas

If julia305 wants to come to an arrangement with the Enforcement Agents (and pay them instead of the council) then she is entitled to a reasonable payment plan. The fact is, however, that her council is able to recall a CT debt from the bailiffs at any time

section 4.5 of the Guidance of Enforcement of Council Tax Arrears states "Local Authorities should remain prepared to deal directly with individuals at any point. It is perfectly within their gift to call action back from the bailiffs at any time and where there is a case to do so they should consider such action"

As the OP has already made two payments directly to the council (£50 and £100) she has shown a willingness to pay, and she has contacted the council advising she wants to pay £150 a month until the debt is cleared. I still feel that the council should (in this case) recall the debt and suspend all future bailiff enforcement action.

Kati

[julia305]

Re: New member - Council tax arrears Equitas

Hi all

Than you all for your input and advice.

Well i havent heard from the council and when I got home last night i'd received a letter from them saying that the debt was in the hands of Equitas and i must make immediate contact with Equita to agree a payment arangement and make sure any payments i make are in respect of this debt. If I continue to pay the council and do not make an arrangement with Equita a further fee of at least £235 will be incurred etc. So i'm dreading it but I guess I'll have to ring Equita today.

[seduraed]

Re: New member - Council tax arrears Equitas

I think you should be able to persuade everyone at £150 per month as this clears the debt by the start of the next CT period .