New member - Council tax arrears Equitas

[julia305]

Re: New member - Council tax arrears Equitas

Yes i've just had a read of this its quite interesting

[Guest]

Re: New member - Council tax arrears Equitas

Form and contents of notice

7. Notice of enforcement must be given in writing, and must contain the following information—
(a)the name and address of the debtor;
(b)the reference number or numbers;
(c)the date of notice;
(d)details of the court judgment or order or enforcement power by virtue of which the debt is enforceable against the debtor;
(e)the following information about the debt—
(i)sufficient details of the debt to enable the debtor to identify the debt correctly;
(ii)the amount of the debt including any interest due as at the date of the notice;
(iii)the amount of any enforcement costs incurred up to the date of notice; and
(iv)the possible additional costs of enforcement if the sum outstanding should remain unpaid as at the date mentioned in paragraph (h);
(f)how and between which hours and on which days payment of the sum outstanding may be made;
(g)a contact telephone number and address at which, and the days on which and the hours between which, the enforcement agent or the enforcement agent’s office may be contacted; and
(h)the date and time by which the sum outstanding must be paid to prevent goods of the debtor being taken control of and sold and the debtor incurring additional costs

regulation 7 of the TCG regs. Note there is no requirement for the notice to be signed.

Don't worry about them not responding to your mails-If they do visit before dealing with your request, we can almost certainly get any fees removed.

[ploddertom]

Re: New member - Council tax arrears Equitas

They cannot enforce on a defective notice :tinysmile_twink_t2: - I'm sure there are those that will disagree with me (I'm told complaints aren't always the best way), but I would jump in now and put in a complaint about it. If the notice is wrong, they have to send you out a new one before being able to enforce it

Yep - I'll go with that. My view is that yes they can attend but can do or charge nothing at this time except ask nicely you pay.

[julia305]

Re: New member - Council tax arrears Equitas

Yes it had all of that. So just to recap what I should be doing here: (again apologies - i've no idea of my rights etc as this is the first time this has happened to me so apologies for sounding dim) - what I should do is basically
1) Ring the bailiffs and inform them that the notice is defective as they did not give me clear notice
2) Keep asking for a payment plan

If they railroad me i'll write to their membership body. I did check the website and it does say you have to complain to the baillff in writing first.

[ploddertom]

Re: New member - Council tax arrears Equitas

I wouldn't tell them it is defective just that it hasn't given you 7 days clear notice as per the Regulations. Whatever complaint you make to Equita also send a copy to the Council & your local Councillor(s).

[julia305]

Re: New member - Council tax arrears Equitas

Oh sorry ploddertom you must have replied the same time as me. So shall I just do nothing apart from continue to press for a payment plan and continue to pay?

[julia305]

Re: New member - Council tax arrears Equitas

And again :tinysmile_grin_t: OK I'll do that. Thank you

[Kati]

Re: New member - Council tax arrears Equitas

Sounds OK to me julia305 :tinysmile_grin_t: - keep pushing for the council to recall the debt too if you want (see post #13)

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"

Kati x

[julia305]

Re: New member - Council tax arrears Equitas

Yeah i emailed them again. I cant ring during work hours as im in an open plan office. Plus to be totally honest i'll do anything to avoid speaking to them i'm really embarrassed about this. I quoted your section to them in my second email today and i've just emailed them saying "further to ..etc". Same with the bailiffs but obviously i havent told them about their notice yet. I'm going to send a letter for that as per Tom's advice.

[Kati]

Re: New member - Council tax arrears Equitas

Hope it works xx

[julia305]

Re: New member - Council tax arrears Equitas

Thanks me too! I cant stand this. How does this letter look to you?
Further to your Notice of Enforcement, I have been trying without success to contact you by phone and by email. As I stated in my email, I have been also trying to contact my council direct with a view to entering into a payment plan. I have paid £150 off the debt of which I believe the council are obliged to inform you. Would somebody please contact me on xxxx so this matter can please be settled without unnecessary fees being incurred and distress to me personally.
Whilst writing, may I bring it to your attention that the notice is dated 27 August and was received by me on 30 August but even so it does not give me 7 clear days notice. As you will no doubt be aware under the Control of Goods Regulations 2014, notice of enforcement must be given to the debtor not less than 7 clear days before the enforcement agent takes control of the debtor’s goods.
(2) Where the period referred to in paragraph (1) includes a Sunday, bank holiday, Good Friday or Christmas Day that day does not count in calculating the period.

Yours sincerely
cc LB Redbridge
cc my councillor's name (i will look this up)

[Guest]

Re: New member - Council tax arrears Equitas

Now that you have made an offer in writing (email), they cannot visit you until this offer has been dealt with. Even if they were to refuse it, you should still be entitled to address their refusal before they visit.

[julia305]

Re: New member - Council tax arrears Equitas

Wow you lot rock!! :tinysmile_grin_t::tinysmile_grin_t::tinysmile_gri n_t:

[Kati]

Re: New member - Council tax arrears Equitas

Although, I would not ask them to ring you - try to keep all contact in writing as then you have letters/emails to refer back to if need be :tinysmile_twink_t2:

[julia305]

Re: New member - Council tax arrears Equitas

Yeah I've amended the letter and added that i would like to make it clear that i am not avoiding payment i just would like some extra time. I've cc'd in the council and my councillor and i've said on the letter that its going by email as well.