Equita Bailffs! Please help. This is my 1st experience!!!

[Luke Green]

Hi I was wondering if anyone can help me!

Last week equita bailiffs visited my parents address for payment on council tax i was unaware of due the fact I dont live in that property any more and all correspondence was sent to my parents address so I didn't receive any summons or anything.

On Tuesday last week an equita bailif delivered an enforcement notice to parents stating I owe 621 plus 75 compliance fee and 235 enforcement fee. There was then a second stating i owe 247 plus 75 compliance plus another 235 enforcement fee. Firstly I don't understand why it has been split up. The bills are from the same address and when I rang the council to ask what I owe thy said I had an outstanding bill of 868 not 2 separate ones.
I have also read only one enforcement fee can be charged no matter how many liabilities have been charged. Do i have grounds to write to council to get them to return my debt and cancel my fees?

Also the bailff was threatening action on my parents address where i have no property. I contacted CAB to make a payment plan and got an appointment because he was threatening to visit my current address even though no enforcement notice has been delivered here.

From everything I have read on here and other sites it seems to me that this guy has breached regulations and I am being charged excessive fees but I wanted to confirm that before i sent the letters you provide so not to make the situation worse.

Also this is causing me alot of stress and I have a history of depression and anxiety. I have felt the need to go back onto my prescription pills due to this and have a doctors appointment tomorrow so I want it sorting asap. Would it be quicker if i wrote the letters to the council asking them to reclaim my debt and then take the directly into the council offices?

[Kati]

Re: Equita Bailffs! Please help. This is my 1st experience!!!

Hi Luke Green, and welcome to LB!
You say that the bailiffs are charging you £75 compliance fee and also £235 enforcement fee for BOTH?
According to the Taking Control of Goods (fees) Regulations 2014 this is definitely wrong (in my opinion)!
Regulation 11 (http://www.legislation.gov.uk/uksi/2...lation/11/made) covers multiple enforcements against the same debtor, sections 3 and 4(a) are the bits you need:

More than one enforcement power available against the same debtor

11.
(1) This regulation applies for the purpose of calculating the fees and disbursements payable to the enforcement agent in accordance with regulations 4, 8, 9 and 10 in a case where—
(a) the enforcement agent receives instructions to use the procedure under Schedule 12 in relation to the same debtor but in respect of more than one enforcement power; and
(b) those enforcement powers can reasonably be exercised at the same time.

(2) In paragraph (1)(b), “can reasonably be exercised at the same time” means in particular—(a) taking control of goods in relation to all such enforcement powers on the same occasion; and
(b) selling or disposing of all goods so taken into control on the same occasion,
except where it is impracticable to do so.

(3) The enforcement agent may recover the compliance stage fee in respect of each enforcement power to which the instructions relate.

(4) Where paragraph (1) applies, the fee recoverable in respect of the enforcement stage (or stages) and the sale or disposal stage respectively is to be calculated as follows—(a) the fixed fee for each stage may be recovered only once regardless of the number of enforcement powers to which the instructions relate;
(b) the amount in relation to which the percentage fee for each stage, if any, is to be calculated is the total amount of the sums to be recovered under all enforcement powers to which paragraph (1) applies.

so while the bailiff can charge two compliance fees (£75 each) he should only be charging one enforcement fee (£235).

Kati

[Guest]

Re: Equita Bailffs! Please help. This is my 1st experience!!!

The debts will be over 2 financial years, ie 2012/13 & 2013/14. The bailiff's paperwork will reflect this. However, it is likely the council got the liability orders for both at the same time, so their system will be combining the total debt. It matters not as the totals are the same.

The bailiff letters saying £235 will be template letters and will simply be stating the £235 on each one, however as Kati says, only one £235 can be charged if they are enforcing both at the same time.

What you need to do is a Statutory Declaration at any solicitors (costs £5), to send to the council stating that you had no knowledge of the debt. Let us know if you need some help with the wording. This will get the council to take the debt back and you can then set up a repayment plan for anything you owe. The bailiff's fees will be subtracted from this.

[Luke Green]

Re: Equita Bailffs! Please help. This is my 1st experience!!!

I have the list of letters here http://www.legalbeagles.info/forums/...Useful-Letters

Do I need to print the letter out myself and take it in. Also can the council dispute this and if so what would happen?

Also should I just send the statutory declaration to them or send letter 4 as well to state that the payments are unfair?

How long does it usually take for the council to respond to these letters?

Thanks for your help and the quick replies

[Guest]

Re: Equita Bailffs! Please help. This is my 1st experience!!!

Just the Stat Dec is fine, letter 4 isn't needed at this stage. Yes, print it out and take it to a solicitors. Tell the receptionist you need a Stat Dec witnessed. The council can't dispute it as a stat dec is a recognised legal document witnessed by a solicitor.

How long? Who knows? I would expect them to take a week - if you've heard nothing by then, chase them up. However, feel free to chase them up as much as you like - it can't hurt. If it's possible, deliver it by hand, if not use registered post. If you have an email address for the council, use that as well as normal post.

[Kati]

Re: Equita Bailffs! Please help. This is my 1st experience!!!

You should also contact the council and find out
1. How many Liability Orders they have against you?
2. The dates they were obtained?
3. The addresses they were for?
4. The period of time each covers?
5. How much each one was for?
6. How much is still outstanding?
7. The dates they were passed on for enforcement?
Put in a complaint with them that the bailiffs are attempting to charge for two enforcement visits (in breach of the regulation I mentioned in post #2)

and contact the bailiffs (in writing) asking for a breakdown of the charges they have applied (as per letter one in the link above)

K x

[Milo]

Re: Equita Bailffs! Please help. This is my 1st experience!!!

Hi I was wondering if anyone can help me!

Last week equita bailiffs visited my parents address for payment on council tax i was unaware of due the fact I dont live in that property any more and all correspondence was sent to my parents address so I didn't receive any summons or anything.

On Tuesday last week an equita bailif delivered an enforcement notice to parents stating I owe 621 plus 75 compliance fee and 235 enforcement fee. There was then a second stating i owe 247 plus 75 compliance plus another 235 enforcement fee. Firstly I don't understand why it has been split up. The bills are from the same address and when I rang the council to ask what I owe thy said I had an outstanding bill of 868 not 2 separate ones.

You should ring the council in the morning to ascertain the dates that both Liaibility Orders has been obtained and most importantly....the date that both accounts had been sent to Equita.

Under the new regs it does provide that a bailiff cannot charge 'multiple' fees but quite a few cases have been found where multiple fees have been charged and this is more so with parking tickets and where the local authority allocate warrants between 2 or 3 different enforcement company. Also, the enforcement company will be excused if at the time of sending the initial letter only one account had been recorded on their computer system. This is why it is important to find out the debt when both accounts had been sent to Equita. If sent the same day then this is one example that needs to be sent to the Minstry of Justice asap as they have a team of analyists looking at problem areas in the regulations with a view to amending legislation if necessary in the next few months.

The matter of the address where letters had been sent is also not quite as simple. For instance, when you left your previous address did you give the council your parents address as a forwarding address? If so, it will be more difficult to argue that you had not received the summons. Also, a summons for council tax arrears cannot just be cancelled as such an application is a matter for the High Court.

Almost certainly one of the enforcement fees' of £235 must be removed.

In your letter it is important to mention about your history of depression.

[wales01man]

Re: Equita Bailffs! Please help. This is my 1st experience!!!

Would a SD work in this case?

[Luke Green]

Re: Equita Bailffs! Please help. This is my 1st experience!!!

My parents address is down as my Care of address. I am fearful of writing an SD and then being told that because the letters have been sent I should have received them and then I'll be in more trouble.

Milo in which letter should I mention my history of depression?

I will phone the council and ask all the questions you have suggested tomorrow and post them here.

Thanks again

[Luke Green]

Re: Equita Bailffs! Please help. This is my 1st experience!!!

Also if I lodge a complaint against a bailiff would he be informed. Because I am scared it will annoy him and he will start pushing harder to get payment off me.

If I start paying the bill to the bailiff and then council take the debt back will they know how much I have paid?

[Milo]

Re: Equita Bailffs! Please help. This is my 1st experience!!!

My parents address is down as my Care of address. I am fearful of writing an SD and then being told that because the letters have been sent I should have received them and then I'll be in more trouble.

Milo in which letter should I mention my history of depression?

I will phone the council and ask all the questions you have suggested tomorrow and post them here.

Thanks again

First thing to do is to make the call to the council and do this is the morning. It would be worth mentioning in your call that you have a history of depression. Please be aware however that depression does not necessarily mean that you are classed as vulnerable. There are many people who hold down full time jobs whilst taking anti depressions. Each case is decided on its merits and without knowing more about your circumstances it is hard to ascertain whether you would be 'vulnerable'. As example:

Are you married, single, or a single parent?

Are you working or in receipt of benefits?

If you could post back with further details that would assist.

PS: Do you have a car and if so, is it parked on your driveway etc. Also, does the bailiff know your current address or just the address of your parents?

[Milo]

Re: Equita Bailffs! Please help. This is my 1st experience!!!

Also if I lodge a complaint against a bailiff would he be informed. Because I am scared it will annoy him and he will start pushing harder to get payment off me.

If I start paying the bill to the bailiff and then council take the debt back will they know how much I have paid?

There is a great deal of misunderstanding about debts that may be 'taken back' by the council. Firstly, it needs to be stressed that it is not common at all for local authorities to request the suspension of a warrant and the the return of the account. Instead, very often the local authority would instead agree a payment proposal and instruct their enforcement company to accept the proposal. This is perfectly legal.

If on the other hand the local authority request the return of the warrant then the council is expected to pay the bailiff company any fees that are due. Local authorities are loath to do this.

If the bailiff company return the warrant on their own free will (which they are also loath to do) then bailiff fees are removed and the debt comprises of just the amount of the Liability Order.

Lastly, I have seen a lot of contracts and Service Level Agreements in the past few months and the majority of them have a provision that if payment is not received or a payment proposal in place within a period of six months that the accounts should be returned to the local authority for 'alternative' methods of enforcement to be undertaken. This will normally be for an Attachment of Earning Order etc. In such cases, bailiff fees are removed.

[Wombats]

Re: Equita Bailffs! Please help. This is my 1st experience!!!

Thank you Milo, this confirms very much what I was saying in the thread of Tony the Tiger yesterday. It is a very important distinction to make.

It is also important to remember the bailiffs are under no obligation to return the warrant. They can take the full time agreed by the relevant contract with the local authority, or as stated in legislation which is a longer period again.

[Milo]

Re: Equita Bailffs! Please help. This is my 1st experience!!!

If on the other hand the local authority request the return of the warrant then the council is expected to pay the bailiff company any fees that are due. Local authorities are loath to do this.

For clarification see item 11 of the Taking Control of Goods: National Standards 2014 :

http://www.justice.gov.uk/downloads/...-standards.pdf

[Luke Green]

Re: Equita Bailffs! Please help. This is my 1st experience!!!

Are you married, single, or a single parent?

Are you working or in receipt of benefits?

If you could post back with further details that would assist.

PS: Do you have a car and if so, is it parked on your driveway etc. Also, does the bailiff know your current address or just the address of your parents?

I am single and I work 16-20 hours a week.

I don't have a car no. And my current address isn't listed anywhere on any correspondence from him and he hasn't quoted it to me. I do pay a current council tax bill on this address so the council should know.

He did threaten to come to my property tomorrow of I didn't have a payment plan in place with Citizens advice.I rang today and they said they will call back in 2-3 working days which I informed him.