Equita threatening court action despite payment arrangement...Discussion

[diddy1]

Hiya

I have an old council tax debt with Equita.

 

I missed a payment over christmas and they forwarded it to the bailiffs.

The guy came out and I explained that I live in my sisters house and own nothing, which I could prove.

He went away

 

I kept calling to find out what was happening and got no repsonse.

I called Equita and they said I had to speak directly to him but he wouldn't pick up the phone.

 

They then instructed a different Baliff who after speaking with agreed to re-instate the instalments,

i've been paying him.

I was away last month when the payment was due

 

when I came back I called him to pay.

He said he'd call me back and then didn't.

I called him over a couple of weeks, leaving voice messages asking him to return my call

so I could make the payment, I also text him but he didn't ever call me.

 

Now they've instructed a third guy,

I just spoke to him and explained what happened. and that I had tried to make the payment

but the guy wouldn't come back to me. He said, 'He didn't help you out there' and I said no, but

 

he's saying that now there is no way for the arrangement to be re-instated

and that if I don't pay they'll come and inventory the stuff in the house

and then when I prove it's not mine they will take it back to court and i'll be summoned.

 

I'm planning to file a complaint with Equita as I don't think it's fair

they won't allow me to continue the arrangement when it was their agent that didn't communicate with me.

 

They repeatedly sent me letters threatening further action even though I was making my payments,

then said they couldn't stop the letters as they were automated

and that the bailiff had to advise them I had an agreement with them

but despite me asking he didn't tell them.

But the payments were taken from Equita, it's on my bank statements!

 

Any advice please??

[Coughdrop]

It would seem that after defaulting at Christmas time, a personal visit was made and an enforcement fee of £235 was applied to your account. At this point, the amount outstanding was £790 which included the £235.

 

Yes

 

Before this visit, were you making payments to Equita or were your payments being made to the council?

 

Since Christmas (when the account defaulted) how much have you paid to Equita?

 

What payment arrangement was agreed?

 

It appears, on close reading of post 1, the OP missed a payment from an agreed plan with the council over Christmas, which when made late was forwarded to the bailiffs as enforcement had then begun.

 

The first bailiff messed the OP about, but the second agreed to reinstate the same repayment plan, so payments were then made to Equita. When the OP went away, they missed a payment on this plan. A third bailiff was then assigned to the case, and unsurprisingly the third bailiff is refusing a repayment plan - this is all quite normal given the debt's history.

 

Diddy, I'd still follow my suggestions, as per last night. The bailiff will probably try to pressurise you to make full payment, but you can't pay what you don't have. Any repayment agreed would be over 3-4 months, though as I said last night, I wouldn't expect it to be easy to get this. Any payments you make will reduce the amount though, so as long as you keep them out, one of two things will happen - you will either repay the debt in full, and that will be the end of things, or the bailiffs will pass the account back to the council, at which stage any outstanding bailiff fees would die, as there would be no enforcement power remaining.

 

The most important things are to keep the bailiff out, stop them taking control of goods outside, and to keep making repayments on the date you have stated to them (or they agree with you), and wait until the debt is paid off or it is returned.

 

Good advice from Brassnecked here as well - don't let them in! All should be fine as long as you are able to stick to the above. Vehicles are the danger here, as I may have mentioned last night, as they are seen as easy prey, so if you have one (or your sister does), try to keep it out of the way. Reiterate you have no goods belonging to you in your letter to the council (copied to Equita).

[Peterbard]

HI

I am unsure what exactly the OP will complain about to be honest, a bailiff refused a repayment arrangement after two previous ones had been defaulted on ?

 

Is the OP aware that every-time the debt goes back the EA will retain the fees due to him which he has already paid ?

 

So the debt will only have reduced by whatever he has paid, less that amount.

 

Also is he aware that whenever ane EA is instructed the fees will be applied again by the new bailiff.

 

As the OP now ceased payment completely, of so why ?

[Coughdrop]

Is the OP aware that every-time the debt goes back the EA will retain the fees due to him which he has already paid ?

 

Yes.

 

So the debt will only have reduced by whatever he has paid, less that amount.

 

Yes, absolutely correct.

 

Also is he aware that whenever ane EA is instructed the fees will be applied again by the new bailiff.

 

Yes, they've been told the only way fees would be removed is if the bailiffs returned the account to the council. I even said if it was recalled as a result of the debtor contacting the council, fees would be payable.

 

As the OP now ceased payment completely, of so why ?

 

They have mentioned this in the thread. They have been unable to pay anything as they have not been able to get an arrangement in place, so intend now, quite correctly, making a direct payment.

[Peterbard]

Ok you just want to re iterate this advice for the OPs sake.

 

If, what is stated in the above post on the last paragraph is true and you do not have any money, do not enter into a payment arrangment, as if it fails your account may be transferred to another bailiff who may charge identical fees again.

 

Sitting it put may work in the short term but, it will not stop continued enforcement and it will not settle the debt.

 

The only way to guarantee that bailiffs stop calling is to show them you have no funds or property which can be used to pay the debt, they will then report this back to the council who sill not use them again in this action.

 

It is also debt avoidance by any definition.

 

This is just my advice in this matter.

[Coughdrop]

Ultimately there are several options. You can keep them out totally, thus avoiding bailiff fees. The chances of the council using the same collection method a second time with a different company are low, the chances of them using a company a third time are pretty much zero. Eventually the account is returned, fees die, and you repay without the fees.

 

The next option is to make payments directly to either the council or Equita, either of which would reduce the debt, paying the EA's fees on a pro rata basis, as well as the debt. If the debt is being paid, albeit not by their preferred method, they are unlikely to return it to the council as they will get their fees. Aim to clear the account in 3-4 months.

 

The next option is outlined by DB above. Let them in, let them see you have nothing belonging to you and the warrant will be returned with a note stating you have no goods of value. This would leave you in the same position as the first option, but would potentially be faster. You would have to be able to prove that nothing in the property belonged to you.

 

The final option is to agree a repayment plan if they will. This would not be easy having defaulted twice already. It also has a possible risk of you not being able to afford the repayments they are demanding, as well as the risk of them acting the moment another payment is missed, possibly without even contacting you to give you the chance to make up the missed payment, and things spiralling as they have hitherto.

 

Most important is to demonstrate your desire and willingness to pay, so we return to the good advice you had previously to write to the Head of Revenues at the council, copied to the Chief Executive and to Equita, stating you want to pay, but can only do so in installments. You then state one of two things, depending on what you want to do. (i) You won't be allowing any bailiff access to the property or leaving anything outside to be taken under control, but will put money aside to pay a lump sum as soon as the council takes the account back. (ii) You will pay installments (which would include fees) as long as the bailiff will agree a plan.

 

Remember if the council recall the warrant on agreement with Equita, you will in all probability pay the bailiff's fees.

[Coughdrop]

 

It is also debt avoidance by any definition.

 

 

It is not debt avoidance. What you want to do is repay the debt, quite possibly including the bailiff's fees - this is in no way debt avoidance.

 

Your debt is your Council Tax arrears - you are not trying to avoid paying those arrears whichever route you take.

 

Enforcement action by bailiffs may increase that debt due to their fees. You may choose to sit things out as you cannot get a repayment arrangement - that is not debt avoidance. You may allow the bailiffs access, so the warrant is returned and fees die - that is not debt avoidance.

 

You want to repay your arrears and put this behind you. Whether you do that with the bailiff fees or without is entirely up to you. It is not debt avoidance.

 

Challenging fees, challenging EA's, challenging councils - all these are fine. CAG was founded on the basis of challenging fees; it challenges fees for many areas, DCA's, bank charges, parking, civil recovery etc... etc.... This is just doing what CAG does. Do not be labelled a debt avoider - you are not.

[Coughdrop]

Indeed Bailiff Advice, though there is no sign of Equita returning the warrant, and it is clear the debtor is willing to pay, and indeed is paying, albeit a little sporadically.

 

I agree further discussion should take place elsewhere, and have actually just highlighted this to the Site Team.

[Bailiff Advice]

Site team should be alerted if there is a need to report a post. Surely there is no need to contact them to suggest that a new thread be started !!

[Coughdrop]

Site team should be alerted if there is a need to report a post. Surely there is no need to contact them to suggest that a new thread be started !!

 

I didn't suggest a new thread be started. I reported a post, it matters not which one. Site team have decided to open a new thread - I see no problem. I respect their decision.

[Andyorch]

I have moved your post to your thread in the Bailiff Forum diddy..this is now a discussion thread only.

 

Regards

 

Andy