Equita Limited (Yet again)

[UK26]

Hi, my sister in-law received a letter today

 

Contents below

 

[UK26]

Council Confirm

 

Origional Debt £110.39

Court Fees: £68.00

Total: £178.39

 

Equita Fees £42.50

Total £220.89

 

No bailiff Vists at all, just this letter sent received via Royal Mail

 

does anyone know anything about the return address on the back of the envelope?

 

Data Services Centre, Department E, Doncaster, DN55 1ES

 

Equita have said to the council that they have made two Bailiff Visits.

 

however i have a recorded call from the Peterboroigh City Council

 

Saying, that equita immediately add an amount of £42.50 to the account

 

then when we visit the council today they say that the two bailiff visits where

 

27th July and 3rd August 2009

 

Yet, i have another recorded telephone call with Equita today confirming that the fees are for

 

a Letter for an amount of about £11.00 and if payment is not made within 7 days of that letter another fee is added to the account making a total of £42.50

 

Equita confirm that NO Bailiff visits have been made, the fees are for letters.

 

This stinks of fraud but the council dont seem to want to help.

 

 

What the council admited today by mistake was

 

they receieved a letter from my sister in-law with an offer of payment, but failed to reply to it. but insted passed the account to the courts and Equita.

 

I think they have really shot them selfs in the foot here

 

I reckon i have a case under Section 2 of the fraud act 1996

 

Section 2 of the act says

 

2 Fraud by false representation

 

(1)A person is in breach of this section if he—

(a)dishonestly makes a false representation, and

(b)intends, by making the representation—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss.

 

 

Equita try to enforce payment of £42.50 which they know they cant legally claim under the Council Tax Administration Act.

Edited August 10, 2009 by UK26

[UK26]

what i need guys, is your input on this and for any info you may have on

 

Data Services Centre, Department E, Doncaster, DN55 1ES

 

Peterborough City Councils - List of Costs ( This is taken from my archive fileing system when i was personally involved with the same council and Equita.

 

This case is the same as my case over a year ago, which i won.

 

 

 

 

Oh and i forgot to say, that Peterborough City Council have not done the required actions

 

1. did not send a copy of the Liability Order from the court

2. Reply to offer letter of monthly repayments -

3. did not give 14 days warning letter before transferring the account to Equita.

 

Sister in-law is not working at the moment and is in receipt of ESA, again this was mentioned on the offer of payment letter, which the council today have confirmed they have this on the system from her letter.

Edited August 10, 2009 by UK26

[UK26]

I don’t want to put any recorded telephone calls on here for people to listen too as i got a snotty letter from Equitas solicitors before when i was involved with them last year. but i have sent them off to the council to listen to and hopefully take action.

 

 

Also just played back one of the recordings when Equita say about there charges of £42.50

 

He said they charge about £11 or £12 for the letter and if payment is not made within 7 days then extra fees are added to make it a total of £42.50

 

Well the letter is dated 03/08/09 and received today 10/08/09

so it some how took 7 Days to get to my sister in-law and bang was not able to make a payment offer within the 7 days lol

 

Peterborough Council say to us both, that she needs to make a payment to Equita, i said well Equita allocate the payments towards there fees first before they send any money of the council.

 

The council said, well thats what you must do, pay them direct. i said, that dont make sence, you want her to make payment to a company acting in breach of the law???? they said yes.

 

Why cant the council play fair. i wanted the council to allow us to use there phone while we call Equita and try and dispute the fees and find out what they are for and so the Council could hear what they say on lound Speaker Phone as i knew Equita would say no bailiffs have been around and that its for letters only.

 

- Guess what there response was. Sorry i am not prepaid to witness that, i will make it noted that i denied your request.

Edited August 10, 2009 by UK26

[UK26]

any imput please guys?

[hallowitch]

looks like you will have to go through the complaints procedure

 

you know a bailiff can only charge for visits

[UK26]

Yes we know the fees can only be charged when a bailiff actually visits.

 

But its hard work trying to get the Council to understand this.

[hallowitch]

thats because they hope you you will go away

 

perhaps you should send them a copy of

 

 

Statutory Instrument 1992 No. 613

The Council Tax (Administration and Enforcement) Regulations 1992

 

 

SCHEDULE 5 Regulation 45(2)(b)

 

CHARGES CONNECTED WITH DISTRESS

[UK26]

thanks, i will send them a copy

[UK26]

{Update}

All the telephone recordings and letters have been sent to the Council and the LGO.

 

So for the council have contacted Equita asking for more information.

 

I know whats going to happen.

 

Equita GPS devices are going to do there majic once again, and that is provde a fake print out.

 

Just happens to be on this case. one of the days Equita Claim to have visited was the date on the Letter that was received yesterday which had a date of 03/08/09 - the same day they claim to have visited, however one BIG mistake was this letter arrived in a envelope with a franked stamp on it with a postal Licence number.

 

 

-------------

right i have a copy

 

The Council Tax (Administration and Enforcement) Regulations 1992 (No. 613) - Statute Law Database

 

 

is there any other provisons within the act that can be used againts the Council?

Edited August 11, 2009 by UK26

[hallowitch]

remind them that bailiffs can only charge for visits and that a bailiff visiting a property must leave a hand delivered letter telling them that a bailiff has called

 

did you look to see if the bailiff was certificated

 

On line search to check if a Bailiff is Certificated.....

[UK26]

The letter was signed (Bailiff Manager) lol

 

not been able to find out the bailiffs name yet as when we called Equita they said no bailiff had been assiged to the case yet.

 

but there fees of £42.50 have been added to the account

 

even they say they can charge £42.50 for a letter :)

 

Fraud or what

Edited August 11, 2009 by UK26

[hallowitch]

remind them that only a certificated bailiff can add charges not office staff

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf

 

Certificated bailiffs — enforce a variety of debts on behalf of organisations such as local authorities. They can seize and sell your goods to cover the amount of the debt you owe. They also hold a certificate, which enables them, and them alone, to levy distress for rent, road traffic debts, council tax and non-domestic rates

[UK26]

I have an idea, why don't i apply to the county court for an

detailed assessment of the fees charged by Equita this would allow us to actually say to the Judge that no visits where made. He should then ask Equita for evidance. Unless they use photoshop or something like that, there will be no evidence and Equita will be forced to refund the fees to the account.

 

Peterborough City Council would then have no option but to ensure this does not happen again

 

This will then open them to a can of worms.

Edited August 11, 2009 by UK26

[hallowitch]

google this you may find something to help you

National standards for enforcement agents may 2002

[UK26]

Peterborough City Council complaints department are reading this thread

[hallowitch]

good they may learn something and you are not breaking any laws

the bailiff is

[hallowitch]

there is a complaints procedure you must go through first before you file a form 4 complaint to the county court and before you can complain to the local government ombudsman

the complaint procedure was posted by tomtubby i will find it for you and post it

[UK26]

Hi, thanks for the info, i am fully aware of the complaints procedure, ive been there before with Equita and Peterborough City Council.

 

Ive made it a simple process of CC the LGO in on any emails to and from the council, and the council have started doing the same.

 

 

This time i'm doing it for my sister in-law

 

Would the Police take the case on as per S2 fraud Act 1996?

[UK26]

Can you confirm if the Court Fees: £68.00 is the correct amount?

[hallowitch]

Can you confirm if the Court Fees: £68.00 is the correct amount?

 

 

all councils charge a different fee

[UK26]

so the Council make a profit then from the court fee. Surely the fee should be the same with all the courts.

 

I have just sent an email to the court

 

From: Dave

Sent: 11 August 2009 11:15

To: 'jen.cann@hmcourts-service.gsi.gov.uk'

Subject: Council Tax

Hi Jen

Could you please advise me of the current court fee that is normally payable when Peterborough City Council file a claim with your self for non-payment of council tax.

I need the information to make sure the Council are not over charging.

Dave

Edited August 11, 2009 by UK26

[hallowitch]

yes the council do make a profit a very large profit don't quote me but i think i read somewhere on here its approx £3 for a liability order

[UK26]

I just checked with one of my previous cases and the court fee was £50

 

so its gone up £18 in two years.

 

If i get a response back from the court, and its proved that the council are making a profit, then i will file a claim for damages.

 

Surely they can only charge for administration costs.

Edited August 11, 2009 by UK26

[UK26]

{UPDATE}

 

Peterborough City Council has now listened to my recorded telephone calls.

 

 

Outcome

 

• agreed to remove over £100 from the balance ( compensation)
  
• has agreed to take the case back from Equita
  
• Do a full investigation into Equita
  
• Training given to the individual council employee
  

 

I asked the manager about the court fees of £68. He confirmed it only costs the council £3.00 for each court order. The rest is the Councils agreed admin fees. However due to the size of the debt £110.39 the court fees will be removed.

Edited August 12, 2009 by UK26