Equita threatening court action despite payment arrangement

[Leakie]

Because you can prove that you have tried to pay,

the council will not take you to court for committal,

It is only when you point blank refuse to pay they would consider this.

 

The EA is trying to put pressure on you to get payment,

if you pay the council direct you can not be accused of refusing to pay.

The EA is out of order by using this threat, so if you can get it in writing or recorded.

then it will also help your case with the council, you also have proof of payment, on your bank statement.

 

So just do not let him in and keep your car away.

 

Leakie

[Coughdrop]

Solid advice by Leakie there. The council will not refuse payment, but are likely to pass your payment to Equita - something about which you would not object.

 

I do think you should write to the Head of Revenues, copied to the CEO stating you have been trying to make payments, but have missed due to the bailiffs refusing to accept payment and threatening commital - that will not happen unless you refuse to pay. Remember they cannot force entry to your house, so you are safe.

 

With missed payments, you have broken plans, but if you missed only because they wouldn't accept payment, it should not impact on your repayment agreement.

 

Pay the council, write a complaint letter and let us know how it goes. You don't want the bailiffs to return the account if you're happy paying the fees, as they'd start all over again with another company.

[diddy1]

Okay thank you both. I'll call the council tomorrow and ask if I can pay directly to them, even if they pass that on to Equita.

[Coughdrop]

Ensure you specify where you want the payment to go, so it is not set against this year's Council Tax.

[Leakie]

Hi again Diddy1

 

I would just make the payment online or the automated payment line,

The reason for this is because Capita seem to run alot of backroom council tax Departments.

Capita own Equita so may not accept the payment.

This is the reason I made the comments,

and also why I suggested the letter to the head of revenues, they will be part of the council.

 

Also it maybe a good Idea to get your local councillor on board,

tell them exactly what has happened it will all help.

 

Leakie

[Leakie]

Just seen CD's post

so a phone call after payment has been made and followed up in writting for the allocation.

 

Leakie

[Peterbard]

Hi Diddy

 

Have you tried to explain why you seem to keep missing payments on plans, is it extraordinary circumstance or is it just that the repayments are set to high ?

Have you presented them with an Income and outgoings breakdown of your expenses to cover a new possibly reduced repayment plan.

[Leakie]

Hi DB

Post 22

EA refusing to take calls for payment on 2 occasions, then passed to a 3rd EA, who is now making the threats.

 

Leakie

[Peterbard]

Hi DB

Post 22

EA refusing to take calls for payment on 2 occasions, then passed to a 3rd EA, who is now making the threats.

 

Leakie

 

HI

Yes but wasn't this because the OP missed payments and was seeking the plan to be restarted.

[Leakie]

He stated in post 22 that he had been paying the EA direct, EA did not answer, so payment was not made.

passed to 2nd EA paid between January to May, same thing happened,

3rd EA will not reinstate the plan, and threatened OP with Committal if he does not pay.

 

 

I think that covers it

so yes you are correct but because of reasons beyond his control is in the situation he is in now,

 

This is why I advised to pay the council as EA 3 will not accept any payment apart from in full.

 

Fees will still be covered even when paid to the council direct.

[diddy1]

Hi Dodgeball,

 

The payment arrangement was back in place. I called the second Bailiff to make my monthly payment in May and he didn't answer my calls, or return them (left voicemail's asking him to) so they class that as me breaking the agreement, which I disagree with.

[Peterbard]

I see. Do you still have the missed repayments ?

[diddy1]

Hi Dodgeball

 

Yes because Equita won't allow me to pay the money directly to them, it has to be paid to the bailiff, who wouldn't answer the phone.

 

The 3rd Bailiff won't accept anything other than full payment.

 

Will shortly be due an installment for July.

[Peterbard]

I see.

[dx100uk]

I don't like this idea of having to phone various differing bailiffs to pay this off.

 

pay the council directly

as said the correct fees will be taken by them and fwded

 

but I think it might be worthy too do this as well:

 

"From:

My Name

My 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 .

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"

[brassnecked]

When you get the information from the Acme letter suggested by DX, send a complaint email and inn hard copy to the Head of Revenues, so it isn't intercepted by a Capita apparatchik regarding the dubious collection methods used by their agents Equita where payments MUST be made to an individual bailiff rather than the office.

 

It is easy for the bailiff to refuse the payment by ignoring the call, as your number will show as a missed call, thereby engineering a default. seems naughty to me.

 

I would also get your local council member involved and ask them to investigate why payments are being refused.

[ploddertom]

Couldn't be Equita & Capita acting in collusion again - not that they would do such a thing.

[diddy1]

Thanks I've just done the letter ready for posting this afternoon.

 

I'll send recorded /special delivery so they can't say they never received it.

 

I've pulled the CEO and Head of Finance (This came up when I searched for Head of Revenues, would these be the same person?) names from the local authority website and will write to them as well.

 

I'll be calling the council and asking if I can pay them and they forward to Equita when I finish work this afternoon, will update once I've spoken to them.

[diddy1]

I've called the council who have said they have no authority to take the account back and they cannot accept the payments and forward these to Equita.

 

They advised me to complain to Equita, which I have already done twice and advised them this, the lady said that my next step was to complain to the ombudsmen. I called the ombudsmen straight after and they said I have to complain to the council.....

 

....frustrating.

[diddy1]

Have emailed Complaint in to Bexley council, copied in the email I had for CEO and Director of Finance - goes to a support team so I can't be sure they'll see it but here's hoping.

 

Letter that DX suggested posted this afternoon.

 

Bailiff hasn't turned up yet this afternoon as he threatened that he would. But if he does he's not coming in.

[ploddertom]

When you rang the Council did you just speak to whoever answered the phone or did you ask for a specific person/department?

[diddy1]

I spoke to the council tax team

[ploddertom]

Is this the email you have for the Chief Exec will.tuckley@bexley.gov.uk

 

Don't rely too much on the Bailiff coming when they say they will. Usually they try to catch you on the hop.

[diddy1]

No I got the names of the CEO from their website it was: Gill Steward but I didn't have her direct email just the managementboardsupportteam@bexley.gov.uk

But I've just re-sent inc will and have used the same format for Gill Steward and Alison Griffin who's apparently their Head of Finance/Revenues

[Leakie]

I am sure the back room council tax staff are Capita.

I think this was stated in a thread a while back.

 

If you pay online or telephone payment they can not refuse.