Equita

[andyg2550]

Try making a money claim on line through HM Court services for the overcharge. I get the impression these people are too stupid to enter a defence - even if they have one!

[Guest BURP]

You can reclaim unlawful fees up to six years following the date the debt accrued. Section 2 of the Limitation Act 1980. Limitation Act 1980 (c. 58) You can even reclaim them online https://www.moneyclaim.gov.uk/csmco2/index.jsp For addressing the criminal element of being defrauded with bailiffs fees there is no time limit a defendant can be charged with the offence. Offences committed after January 2007 its Section 2 of the Fraud Act, and Section 15(a)1 of the Theft Act 1967 for offences committed before.

[wombat]

Hi, sorry if Ive hijacked this thread but I read here that once the original debt has been cleared thats it? Is there someone that can clarify for me plz? I owed £44 in rates equita now demanding £326!! Ive cleared the £44 what happens now?

Had a visit from their bailliff usual letter left demanding immediate payment or good will be removed ( no one has been inside or visited before) Have just drafted letter requesting charges to be outlined etc.

What rights do they now have to recover their ridiculous charges?

[emandcole]

Dear Wombat,

If the debt owed is a council tax debt then yes the amount they can claim is limited to about £45, can't remember the exact details but it's easy enough to find out. Firstly have Equita put this amount in writing? They rarely do as this way they can be caught out so I doubt you'll have this figure on headed paper from them or the bailiff...if you have great, use it to make a complaint in the courts and to the council.

 

Never let them in, regardless of what the idiot tries to do.

Never ring the offices, they're staffed by teenagers in Burtons suits and polyester ties earning £13000 a year as 'collection executives' ha ha. The ones that aren't teenagers didn't have the initiative to study anything and will be there until they retire.

 

What many don't realise is that the council have a legal responsibility to ensure their instructed agents (Equita or whoever) behave themselves. The council will try and ignore an initial complaint to see if you'll go away but if you remain insistent they have to investigate. For the benefit of all reading this is what I've been putting up with, long story but worth a read I think

 

We got behind with payments eventually owing around £480 including costs. Got the usual letters from Equita threatening all sorts and met one of the bailiffs away from my home to pay £200. Got the receipt of course and this left £280 to pay. My fiance called the bailiff a second time (don't ever bother with the office as they are genuine morons) and wanted to resolve the balance and make sure things didn't get out of hand. The bailiff had conjured up an extra £120 charges for 'this and that' and would only back down when we threatened to take him to court for overcharging. Once he knew we weren't going to be defrauded he backed down and 'graciously' removed the costs. Nice of him eh?

 

So, this left the genuine balance. Since then however we've put up with the following:

 

Letters sent to the house that are full of lies and completely misrepresent their powers. Stuff about preferring we were in when they come to remove all of our possessions etc. They can't gain access unless it's peaceful and secondly they never turn up so its all designed to intimidate/annoy you.

 

Letters with the words 'certificated bailiffs' plainly visible through the address window. This removes our right to deal with the debt with dignity and privacy.

 

Bailiff not turning up to meet friend with money and then blaming us for not paying them! Bailiff was at a house and couldn't attend...best he could do was say I'll be there in two hours. Sure, no-one minds hanging about for hours when they can't be bothered to turn up or make alternative arrangements!

 

Letters threatening they will recommend commital to prison. This can only be done after collection attempts have been declared unsuccessful and should not be used as a threat to a debtor but they try it on anyway.

 

All of their letters are based on lies and threats to do all sorts which they can't do.

 

Also had a 'hand delivered' letter from the bailiff posted via mail which is fraudulent. Has the bailff charged for this 'visit' when he clearly wasn't anywhere near?

 

Equita have also failed to deliver data ordered under the data protection act (Subject Access Request) and the data commissioner upheld our complaint against them.

 

The council investigated some of these and Equita span them a load of rubbish. Equita then resent more letters with 'certificated bailiffs' visible through the address window despite telling the council it was an 'isolated incident' caused by a fault with a letter folding machine! Complaint has gone back to the council now with a copy of another 'isolated letter fault' which is pretty funny.

 

The council have to act now as Equita and the bailiffs are really taking the proverbial. The OFT have very strict guidelines on debt collection practice and Equita have broken a great deal of them. The council are now conducting another investigation fuelled by Equitas stupidity and outright contempt for the council and clients. I mean, how stupid can you be resending letters with exactly the same fault as the original complaint after the council have already warned you about it? A lady called Roxanne Mckee insisted it was a one off. Course she did, she knew it was not on.

 

Have also requested tamper proof evidence of the bailiffs wherabouts as he insisted the posted 'hand delivered' letter was not posted and he did attend. If they can't provide this I'll use it to make a form 4 complaint to the court. The bailiff by the way has 'vehemently denied' doing this despite the fact we have the letter with the postmarks all over it. Muppet. The best he has provided is a set of co-ordinates which is supposed to be proof he's been. Anyone can get co-ordinates, look them up on the net, doesn'tmean you've been there. We'll see if they provide the actual recordings on the day he reckons he attended. He has a GPS unit so this should be easy to provide .

 

So, lots going on. Latest letters state that they're coming round again to 'remove all of your possessions' and that they'd prefer we were in but they can't tell us when they're actually coming blah blah. We're now going to charge Equita for a lost weekend as their letter stated they were definitely coming round and would prefer we were there. Either they were lying (Equita? Surely not) or they couldn't make it for some reason. As they're not allowed (OFT) to send deceitful or untrue letters to debtors then they'll have to compensate us won't they.

 

Ultimately we've got them and one bailiff in particular by the short and curlies so will be interesting to see what happens. Either way we'll be pressing for damages due to the constant barrage of lies, breach of privacy with their unprivate letters, fraudulent activities and general hassle.

 

So don't give in to them, the simple truth is they are generally a load of liars, bullies and life failures who think that owing a few pounds is reason enough for them to make your life miserable. Its not so don't let them do it, harass your council until they force the bailiff company to behave and use the OFT debt collection guidelines as a basis for your complaint. Remember its the council who are legally obliged to keep these cretins in check so make sure you hold them to it.

 

No-one minds paying their bills but these people really need sorting out.

[wombat]

Thanks emandcole, problem I have is this is a business address and they can walk in at any time when Im open which will be severely embarassing if customers are present. Should I pay up to get them off my back and then try to re claim?

[emandcole]

Wombat,

This is an area I don't know about to be honest, can anyone else offer advice? I personally would go along the lines of making a complaint to the council if Equita have been playing up and insist you'll settle the balance once you have been given a clear amount to pay that isn't riddled with made up costs etc. Make it clear in any letters you send that you are not refusing to pay as such, you are merely waiting to pay as you are unhappy with the amount you have been given by the bailiff and think it is wrong (in the case of overcharging etc). However, there may be different conditions as you are a business so this is something to check out. Citizens advice can be hard to get hold of but they are good people and will help you out to make sure you don't get ripped off so they may be a good option? Best of luck with it all, find out your rights and play them to the letter.