Equita Threat of Baliffs and Prison - CTAX LO

[brassnecked]

The Safeguarding Vulnerable Groups Act 2006, does not apply to bailiffs, in so far as they have no obligation to register, as their activities and contact with vulnerable persons is not regarded as "Regulated Activity" and the coalition government is watering down more draconian aspects of the Bill,

 

However, it may be that if a bailiff is particularly obnoxious, he could be referred to the ISA for a barring decision to place him on the barred list. This could come back to bite him on the bum at some future time.

 

They should have to register imho, as they do have regular unsupervised contact with vulnerable people on a daily basis, with multiple contact to the vulnerable person.

[Leakie]

Hi Brassnecked

Do you think that I should add this to my letter to the council?

 

Leakie

[brassnecked]

Hi Brassnecked

Do you think that I should add this to my letter to the council?

 

Leakie

Hi Leakie

 

I have been following the ISA saga as it has direct bearing to activities I am involved in, and I asked the ISA directly if it applied to bailiffs, and did they have to register, they told me it didn't as they were exempt like police officers are. However with pressure on MP you never know, bailiffs may be caught in the net in future.

 

You wouldn't be able to use the SVGA in your letter, as it is not a legal obligation for bailiffs to register but stress the issue of vulnerability under the NAEA 200 guidelines, as to her poor understanding of English, quoting and highlighting how she is vulnerable, and that her vulnerability means the whole family is therefore classed as vulnerable.

[Leakie]

Thanks Brassnecked

 

I will amend my letter to suit

 

I had started to bury my head in the sand

 

But thanks to you guys PT Rae and Brassnecked ,

I know I will come through this,

I realise this may not be the end but you guy's have given me the strength to fight this.

I suppose this is the beauty of CAG

 

Once again Thank you

 

Leakie

[Leakie]

Hi all this a draft that I intend to send to th Bailiffs

 

I understand that ???????? district council has appointed you to recover my council tax liability arrears for the year 2010-11.

 

Firstly I would like tomake you awareof my rights and you will not gain entry to my home under any circumstances,

to levy on goods, and I know the fwees allowed under Statue,and when these fees can be applied.

 

I would also like to point out that I am not refusing to pay,so have ask the council to take back my account,

as my wife is currently 5months pregnent, and has limited English speaking and reading skills, any undue stress could cause her and our unborn child serious health issues This is under NAEA200 guidelines

 

As I have already recived only postal correspondance, and noted that you have already added charges can you pleaase give me the following information.

 

a- the time and date of any bailiff action

b- the reasons for any fee that you have already charged and a breakdown of these charges

c- Name(s) of any Bailiff(s) that attended on each occasion that a fee was charged

d- the names of th court(s)the Bailiff(s) was/were certificatedat

e- the date of certification.

 

This is not a subjectaccess request under the data protection actS71998,

so does not incur a fee of £10.00.

You are obliged to provide this information

I required this information within 14 days

I have enclosed a copy of a letter that I have sent to my council and request that it be added to my file for future refference

I will also send a copy of this letter to my council for future reference.

 

 

Yours Truly

 

 

Leakie

 

 

 

If any one could check this over it would be appriated,

 

 

 

Leakie

[RaeUK]

Hi leakie,

Double check for typo's. Some seem to happen naturally if you've copied and pasted text - not saying that you have - ie 'tomake' should be 'to make' etc.

Personally, I'd never write 'I know my rights' or variants thereof. To me that's a red rag to a bull and I see it so often on here. Essentially it means 'come on big boy, I'm up for a fight' to which the recipient will immediately be thinking 'you don't know nothing pal...'. Much better to explain yourself in gentler prose.

'NAEA200' will confuse them. Use the full name and, if you feel so inclined, add a link to the site. I always like to use the phrase 'I'm sure you're familiar with the National Standards for Enforcement Agents 2002'. Then explain about the household vulnerability quoting the relevant sections. This then leads you onto the fact that 'As members of the Enforcement Services Association you will be aware of their Code of Practice (section 2) which states that members must adhere to the provisions of the National Standards...'

You get the picture.

Make sure you copy to the head of revenues.

Good luck.

Rae

[Leakie]

Thanks Rae

 

Not computer litterate enough to copy and paste

I just typed out quickly,

I did proof read my letters after the alterations were made.

 

I also invested in a sercurity door chain in case anyone turns up whilst my wife is alone.

peace of mind.

 

Now I will have to wait and keep my fingers crossed.

 

Leakie

[Leakie]

Hi all Just a quick update,

In the last 1 1/2 months since I last posted I have recieved one more warning letter from equita, and yesterday

I belive I had a hand delivered one this is my 3rd final notice.

this is the 1st one with a date. which is correct.

 

It's a Balliff removal letter,

Demanding Payment in full

also stating the next visit they may to remove goods even if I am not here.

No amount for what is owing

or for there charges,

 

I am hoping to be able to pay of the LO in full at the begining of June.

as well as bring my current CT up to date.

 

I spoke to Recoveries at the council today and asked if it was OK to pay the LO as well,

and they were happy about this arrangement.

so fingers crossed they will do as they say.

In the mean time I just need to fend off the Baliff for the next 2 1/2 weeks.

 

The letters I sent too the baliff were ignored and the council denied reciving there's (posted recorded)

I will try again with Eqita but I won't hold my breath.

 

Leakie

[Leakie]

Hi all

I have now been able to settle my LO

I rang the council to make sure it was allocated to the LO account, which will be done on Monday

when it shows on their screen,

Asked for comformation that the LO was cleared this will be sent next week.

 

I have had no contact with the Baliff, possably they have been to my property once.

 

If they turn up before comformation is sent what should I do,

 

Do I inform the Baliffs that I have cleared the LO with the council?

 

Thanks

 

Leakie

[ddggjj]

Well done Leakie! Another win for the good guys.

 

I hope that your story shows others that you don't have to buckle under pressure from the bailiff.

[Leakie]

Hi ddggjj

 

It's not over yet,

I just need the comformation from the council , to say that the LO is satisfied.

Then if the baliff turns up I can give them a copy,

I think I will owe the baliff just one visit fee.

All depends on what the council send me.

 

fingers crossed it will be all over soon.

A big weight lifted off my shoulders on friday when I paid the money to the council.

Our baby is due in the next 5 weeks,

so hopefuly we can relax a bit now.

 

Leakie

[Leakie]

Hi all

just another Update

 

I checked with the council today, a letter comfirming that the Liability order has been satisfied is on its way to me.

 

I then asked if any of the money paid towards the LO would go to Equita, the council does not pass any of the Lo over to them was the reply, but stated that this was between Equita and myself.

 

Equita say that I owe 42.50

 

I thought that I only owe for 1 visit,

 

I checked with equita's call centre

they again said that the amount owed was there fees,

She told me that no baliff had been asigned to me yet,

I then argued that no fees were due as no baliff had atteded my property.

(They want to charge me 42.50 for the letters sent)

 

I was then informed that they will still attend for there fees

I told her that they were not legal fees, and not to bother attending

 

So now I await the baliffs attending for there fees

 

What should my next step be?

 

Leakie

[hallowitch]

I checked with equita's call centre

they again said that the amount owed was there fees,

She told me that no bailiff had been assigned to me yet,

I then argued that no fees were due as no bailiff had attended my property.

(They want to charge me 42.50 for the letters sent)

 

Bailiffs cant charge a fee for sending letters for council tax the fees are for

http://www.herefordshire.gov.uk/docs/Enforcement_Agent_Charges.pdf

 

A For making a visit to premises with a view to Levying distress (where no levy is made)

(i) where the visit is the first or only such visit): £24.50

(ii) where the visit is the second such visit: £18.50

 

[Leakie]

Thanks for the reply Hallowitch

 

I did inform them that they could not charge for letters

If they can prove that they turned up I would be willing to settle the 1 visit fee

 

They let slip that no baliff had attended the property

 

Do you think an email to them to let them know I know the rules and reg would do any good??

 

Leakie

[Leakie]

Hi All advise needed

 

I have had an Equita bailiff turn up today,

I received a letter that an Enforcement officer would call in the next 48 hr this was on saturday.

Well he turned up today while I was out at work.

My Wife is a foreign national and speaks English quite well but has less of an understanding.

She was at home with my son.

 

 

The Bailiff has levied on some goods

 

1 old TV (about 10years old

2x 2 seater sofas

 

1 large Trampoline

and various items in the garden.

 

 

He has charges of over £250

This was there 1st visit but he has charged me for 2

he has also charged me for a levey fee

and a Van fee

 

I did ask when the 1st visit happened and he could not tell me.

I have managed to hold him off until the end of the month.

 

I was threated with the locksmith, etc etc

 

A couple of questions

Is the levy legal

 

Can he take other items that are not on the form 7, He insist he can take what ever he wanted.

even said he could turn up at 3 in the morning. can he?

I am waiting for a payment for some work completed, told him I will pay at the end of the month.

He accepted this but I do not think he believes me,

 

Please help

 

Leakie

[wonkeydonkey]

your wife's first language not being English and having no understanding to the situation before her suggests the the bailiff should have retired from the situation under the standards for enforcement.

 

the goods he has levied upon:

 

Old tv...wothless

Trampoline (assumed purchased for childrens use) ...exempt

Two sofa's....must... a... contain fire labels ...b.....unless there removal leaves you with adequate seating for the whole family..exempt.

No he cannot visit at 3am and no he cannot take goods other than those he has 'levied upon'

 

His levy is invalid and his fees are looking to be extortionate.

 

Can you fill in a few blanks for us...what is the debt for and how much (without the bailiffs holiday deposit fees) is it for?

 

WD

[brassnecked]

I concur with wonkeydonkey, bailiffs levy is invalid, insufficient goods, along with levy on exempt items, as to turning up at 3am, I'm sure plod would feel his collar if he turned up at that time. mind you didn't a certain Rossendales bailiff exposed on TV do that?

[sgtbush]

I concur with wonkeydonkey, bailiffs levy is invalid, insufficient goods, along with levy on exempt items, as to turning up at 3am, I'm sure plod would feel his collar if he turned up at that time. mind you didn't a certain Rossendales bailiff exposed on TV do that?

 

 

i think the levy will be invalid, you need to get legal advise to this CAB a good start

 

To answer the question can he turn up at 3am to get the stuff

if the levy is valid then yes, the bailiff can get the "crowns" goods at anytime, night or day

its only the working hours of initial visits that is timed,

this is generally accepted from 6am to 9pm but if their is a special court order anytime including sundays and bank holidays, these special excemptions are rarely given out tho, and must be ordered by a judge directly

[Leakie]

Thank you for your replies

 

The responses given are what I thought.

 

The debt is Council Tax £696. is owed to the council. LO for 2010-11

I should be able to clear this by the end of the month,

 

I did ask for a break down of the fee's

all he would say was it's all on the form

 

The £250.00 is made up of

2nd Visit fee £18.00

levy fee ?

Van Fee ?

WPO Fee ?

 

The only break down of fees that I saw were on his own paper work

2nd Visit fee.

 

I did ask when the 1st visit took place

He would not tell me

I rang the call centre and they were no help, just kept refering me back to the Bailiff

 

I know that there was not a first visit apart from today.

 

So if the WPO is not legal, I assume I will owe the Bailiff 1 fee of £24.50

 

Leakie

[ploddertom]

If you are not getting any sense from this lot it begs the question of is everything kosher. As the Council are 100% liable for the actions of their agent I would address the same questions to them, they have access to the bailiffs system and should be able to tell you what is on there. I would also point out to them about how uncooperative they have been plust the fact they do not seem able to answer simple questions meaning you cannot trust them.

[hallowitch]

Council Tax £696

2nd Visit fee £18.00 (this fee should not have been charged its a 2nd visit fee or a levy not both )

levy fee ? (£45/46)

Van Fee ? (cant be charged the same day as the levy)

WPO Fee ? (£12 if the WPA was signed)

 

including the 1st visit fee your fees at this stage of enforcement should be £82.50 not £250

Edited August 21, 2012 by hallowitch

[Leakie]

Thanks PT

I will get on to the council in the Morning.

 

leakie

[wonkeydonkey]

Thank you for your replies

 

The responses given are what I thought.

 

The debt is Council Tax £696. is owed to the council. LO for 2010-11

I should be able to clear this by the end of the month,

 

I did ask for a break down of the fee's

all he would say was it's all on the form

 

The £250.00 is made up of

2nd Visit fee £18.00

levy fee ?

Van Fee ?

WPO Fee ?

 

The only break down of fees that I saw were on his own paper work

2nd Visit fee.

 

I did ask when the 1st visit took place

He would not tell me

I rang the call centre and they were no help, just kept refering me back to the Bailiff

 

I know that there was not a first visit apart from today.

 

So if the WPO is not legal, I assume I will owe the Bailiff 1 fee of £24.50

 

Leakie

 

If you can clear this at the end of the month then do so by paying the Council direct. Then send a formal request to the bailiff as below and be prepared to argue all fees associated with the levy eg. van fee, wpo, levy fee and even the 2nd visit fee if they can't prove there was a first visit?

"From:

Name

Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer

[Leakie]

Thanks Hallowitch

 

There was no previous visit.

Some one has been present in the property all the time for the last 6 months

As the WPO seems to be invalid I believe this should be just the 1st visit fee?

 

The Bailiff kept on arguing the toss about everything I saiid,

Thanks to CAG I am pretty well gemed up on the what Bailiffs can and can not do, but appreciate everyone's help and advise

This threw him quite a bit.

He kept on saying he could do what he liked.

get the locksmith and enter.

Not without a court order I said, got one already pointing at the paper work for the LO

He made out he was calling for a truck to empty the house

 

In the end I said I could pay by the end of the month which should be possible.

But it will not be the amount he said

 

I do not mind paying what is legally owed but no more

 

leakie

[Leakie]

Thanks Wonkydonkey

I will pay the council Direct

I know that they do not deduct the bailiff fees first.

This will give me a stronger position to argue the toss with Equita and the bailiff

 

Leakie