Equita - Notice of intention letter

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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SimonI
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Joined: 05 Jul 2017 10:05

#1 Equita - Notice of intention letter

Post by SimonI » 05 Jul 2017 10:33

Hi all. I'm hoping you can all be of some help here. I recently received 3 notice of enforcement letters regarding a council tax debt from 2007-2008. These were for a period when I was suffering from mental health issues and my benefits were sanctioned due to my inability to really be in a position to sort them. I received notice of the debt some time ago and queried one of the amounts as I had left the property, the council said they would chase this up and little else was heard. Then in March I received the notice of enforcement letters. I called equita to try and sort the issue and was given a repayment plan that I could not afford due to zero hour contract work. They accepted a token payment and I set about trying to get extra hours to pay them off. On the 1st of July I received a letter stating their notice of intention which states that the account is now with enforcement teams. As I'd been paid extra I was planning to make a payment now and pay the rest at the end of the month so duly called them. It was at this stage and from subsequent calls (where I have been cut off three times) that the enforcement fee of £235 had been added due to a visit in May. The advisor stated that we had been given a hand written letter at the time. We have had nothing of the sort. No. prices in the letterbox or door frame. I have now paid the debt amount to the council as well as £200 to equita. They are now demanding the remaining £260 which is nearly all their charges and will not offer any kind of payment plan on this. Is it right that they sent this letter even though the enforcement action had already been in progress? Should we be paying enforcement fees even though we have had no proof that a visit took place? I have made them an offer to pay the remainder of the compliance stage fees but not the enforcement. I think that's a lost cause. This is starting to make me ill and I've not had a depressive episode for years now but equita's complete intransigence is starting to take its toll

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Schedule 12
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#2 Re: Equita - Notice of intention letter

Post by Schedule 12 » 05 Jul 2017 11:01

SimonI wrote:
05 Jul 2017 10:33
Hi all. I'm hoping you can all be of some help here. I recently received 3 notice of enforcement letters regarding a council tax debt from 2007-2008.
The liabilities may well be out of time under section 9 of the Limitation Act 1980. These are statutory debts.



These were for a period when I was suffering from mental health issues and my benefits were sanctioned due to my inability to really be in a position to sort them.
Ask your doctor to give evidence of this for this period. You may need this for later. I don't see how someone incapacitated is liable for a debt he cannot manage by themselves.


I received notice of the debt some time ago and queried one of the amounts as I had left the property, the council said they would chase this up and little else was heard.
At what address was the notice given? an old address, or your current one?




Then in March I received the notice of enforcement letters. I called equita to try and sort the issue and was given a repayment plan that I could not afford due to zero hour contract work. They accepted a token payment and I set about trying to get extra hours to pay them off. On the 1st of July I received a letter stating their notice of intention which states that the account is now with enforcement teams. As I'd been paid extra I was planning to make a payment now and pay the rest at the end of the month so duly called them.



Big mistake. They will mess you about.



It was at this stage and from subsequent calls (where I have been cut off three times)
That fits, they will mess you about. The staff at bailiff companies get their kicks at kicking a man down.


that the enforcement fee of £235 had been added due to a visit in May. The advisor stated that we had been given a hand written letter at the time. We have had nothing of the sort. No. prices in the letterbox or door frame. I have now paid the debt amount to the council as well as £200 to equita. They are now demanding the remaining £260 which is nearly all their charges and will not offer any kind of payment plan on this.

You should have a read of this, and see if you can get the fees back. http://www.dealingwithbailiffs.co.uk/Ba ... eholds.htm



Is it right that they sent this letter even though the enforcement action had already been in progress?

Only if it is for a different liability order. You may have more than one.



Should we be paying enforcement fees even though we have had no proof that a visit took place?
It's not a question of whether a visit took place. it's whether they can show they recorded the time the notice of enforcement was given. If they cannot show this, then all fees are revoked under regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 because the bailiff is in breach of provision 7.3 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.




I have made them an offer to pay the remainder of the compliance stage fees but not the enforcement. I think that's a lost cause. This is starting to make me ill and I've not had a depressive episode for years now but equita's complete intransigence is starting to take its toll
I think you should give a letter before action asking for the return of the fees paid so far plus any statute barred debts paid, and use the legislation I have given above.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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