sassy626
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Posts
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Thanks Plodderton - what is the reference to what the car is worth (I understand that in the context of "exempt" assets but did not realise this was relevant to it being on HP? There are 8 payments still to make. I doubt the car is worth £1,350 more than the outstanding payments if that is the concern. We've had it for 5 years and it was used as a taxi for 4 of those years.
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Sorry x-posted. So the £7 is owed to the Council? They will have paid to register the debt? One last question - I think one of our cars is fine to have at home since it is on HP? My understanding is the bailiff can't take a car if it is on HP?
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I expect it will fail eventually. I had a couple of letters from Equita before now. Which is why I'm pretty sure we did not get a Notice of Enforcement. I may ignore them but I do read them and at least consciously decide to ignore them. So I would expect to remember if we had had a Notice of Enforcement as it's not a concept I am familiar with. I had expected the whole procedure to follow the same route as with DCAs - so eventually you would receive a CC claim form but it seems that with regard to PCN's the collection agents/enforcement agent's are able to sneak up on you somewhat better. I expect I will have to pay it. I definitely prefer later and I'd definitely prefer £235 less. And slightly pedantically I want to know why they say the original amount was £82. Thanks for your advice - this is definitely a little trickier than dealing with DCA's. I've emailed Equita to say "PCN paid and submission made to TEC so back off".
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Thanks - I've given one of the 4 reasons - ie that I have paid the parking notice. Which I had at the time I submitted the form. I had a letter from Equita on 29 Jan saying that the PCN is outststanding and remains subject to enforcement action. It notes that unless I pay the PCN and their £75 fee they would instruct enforcement agents to call. So presumably they are suggesting that the Notice of Enforcement was issued sometime between 29 Jan, allowing time for me to respond to that letter and 7 days ago. Seems a bit unlikely.
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I only just paid the PCN so after the commencement of the enforcement. Is there a recommended way to pay Equita the £75? I read things previously about never paying Bailiffs direct so am a bit nervous about this. What if they try to insist on the £235 as well as the £75? Presume they are likely to class the delivery of the Enforcement notice as an enforcement visit in which case I may as well see what comes of the witness statement and late filing application which makes me reluctant to speak to them - I do prefer an impartial court process! Any idea what the difference between the £75 PCN and the £82 describes as "client debt" is? Noted re the element of surprise. Thanks. I've been right through the paperwork and can't find a Notice of Enforcement. There are not many things (if any) that I can literally never find and all the other correspondence from Equita seems to be there. My husband says he might have seen something but I think he is confusing it with something else.
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When you say pay the bailiff fees do you mean the £75 or the £235? UncleBulgaria mentioned above paying the £75 and therefore not the £235. Do I have to pay the bailiff fees direct to Equita?
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I am not aware of having received a Notice of Enforcement. We do have 3 kids who get super excited about "deliveries" but not usually to the point where I am not at least vaguely aware that something important has arrived. I will take a look in the usual places. There is a risk though that we did. There is a risk though that we did. We have not recently changed address. Cars are not here. I have no intention of opening the doors and all the doors lock automatically. Presumably at 4pm we should be safe though if the appeal has gone through to TEC?
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Thanks for your help and getting this moved!
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Equita are asking me to pay £392 being £82 + £75 as noted above plus £235 enforcement fee.
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PS both cars are owned by me (I mean I am the registered keeper of both and the finance agreement on "my husband's car" is also with me as I had a better credit rating as he was self-employed.
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Ok - so scanned quickly and responding (quickly as I can type) to as much as possible: The enforcement notice was hand delivered this morning some time before 7.30 am. It was half in half out the letter box. It is called an ENFORCEMENT NOTICE - big red letters across a scabby bit of paper slightly larger than A5 with a bunch of scribbles all over it. Actually the application to file out of time (TE7) just asks for a reason for the out of time filing - there are no "grounds". Just a box in which you give your reasons. The 4 grounds relate to the witness statement itself (TE9) not the out of time application and the ground I have selected are that the penalty charge has been paid in full (which it has as I popped along to my post office and paid it using the PCN barcode which was still scanning fine at the PO). If you are submitting the form online you only have to type sign the signature (I got the forms directly from TEC who were very clear about this both on the phone and on the email). Why must I also pay the Equita charge? The Witness statement asks only that the "penalty charge" has been paid in full. Also - the penalty charge was £50 increased to £75. All the most recent documents state that the "Client debt" is £82 plus the Compliance fee of £75 (which you all note as the amount paid to Equita). Why is the "client debt" £82 and not £75? Will re-read and see if there is anything I have missed. Thanks for all responses so far. There is a big red van parked in the shared drive way - not sure if my neighbours are getting a roofing quote (there is no trade name on the van) or I have company.
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Hi sorry for not replying - I did not get any more email notifications that I had some additional responses. Just reading now.
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Thank you. The charge certificate is increasing the charge by 50% due to being unpaid within, I imagine, 30 days or so. I'll move the car to the (private) gym. I though that they could not take cars if used in work etc. Nor indeed if the fine had been paid? Do they not have to tell me which court and show me the court order. I really do not believe we have overlooked a court notice. Or in the case of a PCN does registry with the Court not generate a notice to the respondent? It does not really matter what the out of time reason is - the point is the appeal stops enforcement while it is referred back to the council as I understand it. I don't expect to win the out of time point.
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Woke up this morning to an enforcement notice from Equita in respect of a June 2015 PCN at a council car park. We should have appealed the original PCN but it fell down the cracks (my car but husband was driving it at the time, both busy etc etc) So what to do now? The notice which is just on Equite headed paper says that the Enforcemen Agent is "authorised by the court" to remove goods/vehicles... My questions (and grateful for any other advice which can be offered): - What authority do these guys have? In what way are they authorised by the Court? Which Court? I have not seen anything from any Court. - I did receive an Charge Certificate from the Council. Can they try to take this? - I want to make an out of time appeal against the original PCN but I think I have to have received a TE3 for this and I am not sure at all that I have (we tend at least not to ignore court notices in this house). Is there any way I can find out? From the "authorised by the Court" wording it sounds as if I should have done. Should I telephone the enforcement agent and ask? - I am proposing to pay the fine and reclaim it (if we submit an out of time appeal - since I'm being put to all this trouble now I may as well take a little extra time now to reciprocate). I think this should cancel the enforcement action? Any major "DO NOT DO THIS" advice on this front? Thanks
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Hi Bob Many apologies for the VERY late response on this. I got somewhat distracted having a baby as she had some development problems (all now resolved) hence the lack of any reply or action on my part with regard to our plusnet service over the last several months. With regard to your query on TalkTalk it is simply a case of better the devil you know. And they have never let me down in the way that plusnet did (not to say they have not irritated me at times, not least with the basically dishonest calls attempting to trick you into signing up for further long term contracts but I like their online support on the TalkTalk forums). I'm generally a great believer in rewarding good customer service and NOT rewarding bad service with continued custom. It was my husband who prompted the change to plusnet on the basis of him being mislead as to what plusnet could and could not provide us with and being frustrated with the speed of TalkTalk's service (less of any issue for me since my internet usage is generally limited to forum use such as this). In the end we actually went with O2 on the basis of the discount offered to us as existing mobile telephone customers. Kind regards Sara
