Equita baliff need advice pleasde

[kymmie]

Had a baliff today a rather rude and horrible one , wanting a payment of £539.00 with fee of £200 for todays visit included . I asked why the fee was so high as I understood they can only charge so much

He said it was because he was leving and enforcing. He then asked me if my husband was a roofer to which I replied yes as he is ... Then asked about the car on the drive which is in my name but its a disabled car so he did nt levy that

 

He was rude demanding payment off me stating he was nt going to leave without some sort of payment and stated that if I paid my bills this would nt be happening his whole manner was scary well he scared me im on medication for stress and anxiety and I have a disabled son of 9 even after telling him this he did nt back off im still shaking .

 

Before he left he posted a notice of seizure through the door and he s levied 3 pairs of ladders all of which my husband needs for his job the baliff knew this as I told him. After he went I phoned my local council office to receive not much better attitude the lady said if should pay my bills and the next step is committal to prison and she said I will be sent so im more paniced than ever . I asked about the baliffs fees and his manner to be told he s just doing his job im petified and don't know what to do if he comes back

any advice much appreciated sorry for rambling I do this when anxious

 

kymmie

[brassnecked]

Hi kymmie welcome to CAG What council and what bailiff company is this ? As you are under a doctor, and your son is disabled send proof of the disability to the council AND the bailiff, stating you are a vulnerable family under the national Standards, also ask the council that as you are vulnerable and they now know this you expect them to recall the account from bailiffs.

 

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 evidence of a potential cause for concern. If

necessary, the enforcement agent will advise the creditor if further

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.

[kymmie]

Hi Thanks for the reply

 

Its sefton council and Equita Baliff .. yes im under a doctor as im on medication . I told the baliff all of this and he just said the situation had to be resolved today and asked if my husband was vunerable as he ll deal with him instead. I asked him to leave as I had to get my children from school so he parked his van in my driveway for 10 mins so I was late for school as I was nt leaving the house while he was outside

[brassnecked]

Hi Thanks for the reply

 

Its sefton council and Equita Baliff .. yes im under a doctor as im on medication . I told the baliff all of this and he just said the situation had to be resolved today and asked if my husband was vunerable as he ll deal with him instead. I asked him to leave as I had to get my children from school so he parked his van in my driveway for 10 mins so I was late for school as I was nt leaving the house while he was outside

 

Well sorry mr smarty pants bailiff, kymmie's illness renders the whiole household vulnerable, so you are out of luck. make an offer of payment direct to council and tell them that your illness has been made worse by the threats of prison and other nasty behaviour by their bailiff for who they are wholly liable.

[kymmie]

Thankyou so much I will ring them in the morning but it was nt the baliff that threatened me with prison it was the lady who I spoke to on the phone at the council

[tomtubby]

I have just read your post with absolute horror.

 

As I am just leaving the office I will respond later this evening when I get home.

 

Please DO NOT worry.

 

I have send a PM to you to get details of the name of the bailiff.

[brassnecked]

Tomtubby is on the case now also, so you are in extremely safe hands kymmie. The treatment you have had is appalling. Is Sefton council a Capquita stitch up council I wonder, as the response you got when you phoned tyhe council certainly follows the pattern in a Crapquita council. Capita a large company provides outsourcing for councils revenue functions, and when you phone the council you are speaking to capita, who kerching also own two bailiff companies one of which is Equita, the other is Ross 'n robbers, see where this is going? Capita also run TV Licensing for the BBC.

Edited May 1, 2013 by brassnecked

[tomtubby]

What I have found out is that the council tax department is run by none other that...CAPITA !!!

 

However, it would appear that Sefton Council have served notice that they wish to TERMINATE the contract as it was NOT providing the costs savings. The Contract formally ends in September 2013

 

As I see it, a formal letter of complaint should therefore be sent to the CHIEF EXECUTIVE and copied to Equita Ltd.

[i hate bailiffs]

I doubt the ladders would cover the debt but the items are exempt as tools of the trade

It had been done to gain fees for the bailiff

 

Payments direct to the council

 

There is no right of entry for the bailiff no locksmith no nothing

Deal in writing to the council telling them that you will be now making all payments direct to them as there agent is refusing payments

 

You do not need to deal with the bailiff and will break no law by doing things direct to the council

[brassnecked]

Good advice from tomtubby, but also send copies of the complaint marked clearly as Formal Complaint to your councils elected leader, your local councillor and MP. Capita is a virus that needs eradicating from local government along with it's bailiff companies.

[kymmie]

Thank you both I will work on a letter tomorrow. Im going to phone the council tomorrow or rather hubby will and make them an offer of payment , one I can afford so I don't go through this will I have to pay the £200 baliff fee?

[Conniff]

Keep in mind kymmie that a vehicle blocking your 'exit' can be reported to the police and they will move it. It's not the same for entering though, you have to find somewhere else to park.

[mikeymack2002]

Hi is this debt yours? or OH if OH you cannot sign the walking possession form as you maybe do not have the owners permission to do so,

• A spouse cannot sign a walking-possession agreement for the other: H v Sandwell MBC [1992] Legal Action August P15. Held by Magistrates that process was irregular so far as the other spouse was concerned
  

But since you are disabled the entire household is covered anyways, so be polite and firm to the Bailiff and tell him so and he will have to leave well alone and send the file back to the OC

 

Bailiffs and improper conduct

Unfit behaviour on the part of the bailiff or an assistant is illegal, abuse of position or improper conduct can all lead to revocation of a certificate:

Edited May 18, 2013 by mikeymack2002

[tomtubby]

The original poster last posted 3 weeks ago and I would assume that if he requires more assistance she will post back.

[kymmie]

So Sorry for not updating sooner not been very well

 

I wrote letters of complaints to both baliff and council tax along with a telephone conversation with another advisor from the council who said she would pass on my complaint to relevant person this was on the 2nd May she also stopped baliff action for 2 weeks until matter was resolved so far I have heard nothing else except letters from Equita Baliffs well I say letters they are removal notices . Looks like they are not going to back off

 

My husband is ringing council later today to see what is happening with complaint and to see if decision has been made for council to take back the debt

 

Thank you to everyone for the advice and help I would certainly be a wreck without this forum

[ploddertom]

Have you been in touch with your local Councillor(s). They have the power to go straight to those who can stop this. Best initial contact is by phone & if possible make them aware of this website.

[kymmie]

I have nt as yet waiting to see what the council say( as I understand they have a certain timescale in which to respond) but it will be my next step I have copies of the letters I ve sent etc

 

I ve told all my friends and family about this website and myself will be making regular donations the help and advice is amazing

[ploddertom]

To be honest I wouldn't stand on ceremony waiting for the Council. As someone said in a previous post reference has been made to your Council using Capita and as they also own Equita it is in their own interests to drag things out and only one person will suffer - you.

[tomtubby]

Hi is this debt yours? or OH if OH you cannot sign the walking possession form as you maybe do not have the owners permission to do so,

• A spouse cannot sign a walking-possession agreement for the other: H v Sandwell MBC [1992] Legal Action August P15. Held by Magistrates that process was irregular so far as the other spouse was concerned
  

But since you are disabled the entire household is covered anyways, so be polite and firm to the Bailiff and tell him so and he will have to leave well alone and send the file back to the OC

 

Bailiffs and improper conduct

Unfit behaviour on the part of the bailiff or an assistant is illegal, abuse of position or improper conduct can all lead to revocation of a certificate:

 

Mikeymack

 

I am somewhat cautious of advising the public that a spouse cannot sign a walking possession agreement for the other spouse.

 

The main case law which HELD that a wife's signature was sufficient even without her husband's authority and against his will is National Commercial Bank of Scotland Ltd v Arcam Demolition & Constructions Ltd. However, strangely a different conclusion was reached in the Magistrates Court in the case of H v Sandwell Metropolitan Borough Council (1992) where it was agreed that the process was IRREGULAR where only the husband had signed the Walking Possession.

 

Given that council tax is a JOINT debt I would assume that either party can sign the Walking Possession Agreement.

 

I have sent an email to Sandwell MBC for further details and will post back.