Equita Bailiff & Council Tax areas

[CAA1977]

Hi There,

 

I'm hoping someone may be able to help with an issue I have.

 

I recentley received a hand delivered letter from Equita regarding council tax stating I had 24hrs to pay them otherwise they would return and may remove goods even in my absence.

 

There was no amount on the letter so I contacted the bailiff to find out how much it was. He stated it was for £1194.50. I stated I did not have this kind of money and he gave me a week to find it. It was due for payment on Fri, to give myself more time I contacted the bailiff again on Fri and stated I was waiting for funds to arrive and he said he would call on Mon.

 

He hasn't contacted me yet, but now after reading through this site I realise that maybe:

 

A) I shouldnt have contacted him

B) They are more than likely charging over the odds

 

I'm more than happy to arrange a payment plan, but am worried about what I should do next. My wife is due to go on to maternity leave in 2 weeks and the last thing we want is for a bailiff to come barging in the house if she were to open the door.

 

Help!!!!!!!

[Leakie]

Hi CAA1977

welcome to CAG

first of all don't panic,You are in good hand here, I'm no expert but am learning fast,

You do not have to let the bailiff into your house,

if you have any veichles move them out of sight.

lock your garage and garden sheds

 

the experts will be along sooner or later,

in the mean time have a read through some of the other threads

Are you sure it was hand delivered, I recieved a letter which stated it was hand delivered but was handed to me by the postman,

check the envelope that it came in mine had TNT on it.

 

 

 

hope this helps

 

Leakie

[CAA1977]

Thanks Leakie,

 

I'm going to write to the council today as my wife is 7 1/2 months pregnant and I'm out of work so we should be classed as vulnerable. I just need to know what I should say to the bailiff to stop him coming round

[Leakie]

Hi CAA

Have a check on my thread it should give you some pointers

Eqita letter arrived today

I've had some good advise.

 

Leakie

[brassnecked]

Hi CAA1977 leakie has given you some good pointers there, you need to ask the council when was the Liability Order obtained, and how much is it for, as there may be a whole raft of bailiff fees in their figures, and not all of them may be "correct"

 

they may well tell you to deal with the bailiff, and refuse to take the account back. You should start paying a regular amount, say £10 per week or £5 if that is all you can realistically afford, using the online payment system to the council to establish a payment record. State your intention in any letter, and explain that due to the pregnancy of your wife the family as a whole may well be vulnerable under the National Association of Enforcement Agency 2002 guidelines.: quoted from

 

http://www.hmcourts-service.gov.uk/infoabout/enforcement/bailiffs/standards.htm#part10

 

Vulnerable situations

 

 

• Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
  
• Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.
  
• Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
  
• Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
  
• Those who might be potentially vulnerable include:
  
  • the elderly;
    
  • people with a disability;
    
  • the seriously ill;
    
  • the recently bereaved;
    
  • single parent families;
    
  • pregnant women;
    
  • unemployed people; and,
    
  • those who have obvious difficulty in understanding, speaking or reading English.
    

   

 

 

Remember that you will be liable for some fees but Caggers will help you to minimise them.

 

If you have telephone contact with council or Equita, try to record the calls, as bailiffs have selective memories of phone calls. It is quite possible that the council front desk is outsourced to Capita who happen to own a bailiff firm Equita. which may explain any reluctance to take the account back.

 

As Leakie has stated batten down the hatches and do not let them in.

 

the bailiff is a liar, and cheat, but cannot at this stage use Thor's Hammer to break down your door, return with locksmiths, send you to jail.

Do not open the door to him they are noted for trying foot in door and pushing people out of the way in an urge to get a levy.

 

Do you receive any benefits, or are you eligible for them like Council Tax Benefit, on low income grounds? as this could reduce the liability.

 

Above all DON'T PANIC, others will be along with help later.

[ploddertom]

You will need to write to both Council - Head of Revenues & Bailiffs advising of your wife's condition and ask that you treated as vulnerable person - it covers the whole household - under the National Standards for Enforcement Agents. You will need to provide some proof and may I suggest this follows when you have obtained it. A letter from your wife's midwife should be sufficient.

 

In the meantime keep everything under lock & key, do NOT under any circumstances ring the Bailiff - their memory is not so good afterwards, must be the pressures of the job - unless you can record it. If he knocks just speak through the letterbox or an upstairs window. He cannot have you arrested, imprisoned, children removed or any other thing he says. In a word believe nothing he says. Ring the Council and check with them how much you owe - pointless at present asking them to take it back as they will refuse. In the meantime you must begin to make some form of payment which may be done online or by their phone, however you need to be aware that you will incur some Bailiff charges so budget for them.

 

PT

[CAA1977]

Thanks for the advice guys.

 

What do I do in the meantime as the Bailiff keeps ringing me. Do I answer it, do I tell them I'm disputing what is owed, will they keep on coming round. He's just phoned again but I've ignored the call. Shall I email Equita, what shall I do

[wonkeydonkey]

Do not speak with the bailiff on the phone only communicate with them in writing, they all have long term memory loss,..... must be due to their job and all the ear ache they invite.

 

A friend of mine used to have one of those clockwork kids radio's wound up ready next to the phone (no caller ID in those days) and she used to answer with a lispy voice "ello" and when the tormentor started his speel she used to just turn the radio thing on and played :whistle:the wheels of the bus go round and round and round :whistle:after about a dozen of these they stopped ringing her!!!!

[RaeUK]

Hi CAA and congratulations on the imminent parenthood. Can't add to the top-notch advice already given other than to underline your households vulnerable status - unemployed / pregnancy etc. Another weapon for your armoury is the fact that CT arrears can be directly deducted from your JSA at a low and sustainable rate. Can't give you the exact figure but it is about £5 per week equivalent. This is the option you should press for together with the case being returned to the council. Be aware you may get a load of old nonsense from either the bailiff or the council or both - or they may just as well do the right thing! Keep us posted and we will advise ...

Edited March 28, 2011 by RaeUK
Saying 'hi' to wonkey donkey ...

[CAA1977]

Morning All,

 

Thanks for the advice. I have contacted the council this morning who have stated that the account is with the bailiff so needs to be dealt with them, and that I'm not classed as vulnerable!!!!!! Theyve said they can help with benefits for this yr but not last!!!!

 

Email sent to Equita to find out where the £150 in charges has come from. I'm now just about to write to the council to push for vulnerable family again.

[ploddertom]

Morning All,

 

Thanks for the advice. I have contacted the council this morning who have stated that the account is with the bailiff so needs to be dealt with them, and that I'm not classed as vulnerable!!!!!! And their reasons are ............ let me guess they have decided it is a personal thing only, this is a load of twaddle, immediate complaint in writing to the Council CEO as their employees obviously don't know the guidelines, get your local Councillor(s) involved ASAP, in my view they are contactable 7 days a week up until 9pm. Theyve said they can help with benefits for this yr but not last!!!! I assume you are only asking for recent times, don't forget that unless there is good reason most Councils will only backdate to Monday preceding receipt of claim.

 

Email sent to Equita to find out where the £150 in charges has come from. Is it possible you can list what they have put so far + have they given you the dates they were applied on. I'm now just about to write to the council to push for vulnerable family again.

 

PT