Equita and feeling scared

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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cazmin371
Posts: 2
Joined: 21 Jul 2017 02:26

#1 Equita and feeling scared

Post by cazmin371 » 21 Jul 2017 03:00

I need to explain all of my story for it to make sense... I moved to my area 6 years ago and was subject to serious DV by an ex, I currently have a active criminal investigation going on against my ex and my current address is a place of safety for me and my family my house has been target hardened and I have sop on my address for immediate police response, I have lived at this address 3 years and the debt that equita have called about goes back to 2013 at a pervious address.
Anyway the debt...... on Monday 16th July a bailiff came to my house, I wasn't in but he left a letter, when I got home I opened it and found an enforcement notice for council tax for the amount of 143.09. so I rang the name on the enforcement notice mr john wragg, I asked my wragg what it was all about he said he wanted £453.09 by end of the day or he was coming round to gain entry to my house to take goods. I explained I couldn't afford the payment in full and I tried to explain that I had an agreement with them before and they stopped collecting it back in Jan 2017.he called me a liar, he also claimed that numerous letters had been sent to my address I had not seen and a mr mark foster had called and spoke to someone at my address, I asked who mr foster had spoke to, his reply was he has a body cam on, I asked again who he spoke to because it wasn't me and reminded him that if mr foster had spoke about my debt with someone else he was in breach of data protection he suddenly changed it he got no answer and pushed a note through my door which again I haven't seen. he then said again I had till end of the day to pay and that I was down for removal of goods the Tuesday 17th, he then put the phone down, I went into a state of panic, I rang everyone I could think for help including my local council but to no avail, I called my wragg back and explained what I had done, and my home circumstances and his reply was what you telling me for and what did I expect him to do, I said help me, he said he would ring the office and call me back he never did, so I rang him 5 more times and he ignored every single call..... I have since found out that he cant just come the next day to remove good its around 7 days after which means I am looking at next Monday 23rd, I have also found out that he cant force entry and I can refuse him access to my house, his only means is by peaceful entry which he isn't going to get... but now again I live in fear behind locked doors and windows... he wont even discuss a way forward what I really need is the debt to be returned,,, but what makes me mad is its equita fault in the first place the debt wasn't cleared, I rang my bank out of curiosity they said a direct debit is when they request a payment on a set day, different to a standing order, and equita had not requested any payments since Jan2017. mr wragg called me a lair... I am really struggling has where I go from here, I have wrote equita a letter explaining everything and denying them right to access because of fear of intimidation and requested they return the debt to my local council also offering a payment plan I don't know if I am right in asking to do that but I cant live like this...... any suggestion please

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#2 Re: Equita and feeling scared

Post by Schedule 12 » 21 Jul 2017 08:23

cazmin371 wrote:
21 Jul 2017 03:00
I need to explain all of my story for it to make sense... I moved to my area 6 years ago and was subject to serious DV by an ex, I currently have a active criminal investigation going on against my ex and my current address is a place of safety for me and my family my house has been target hardened and I have sop on my address for immediate police response, I have lived at this address 3 years and the debt that equita have called about goes back to 2013 at a pervious address.
That indicates the council has not given the required notices before sending bailiffs.

If you are living in a safe house, I am surprised a bailiff company traced you there.

Run this checklist and see if it flags anything up.http://beatthebailiffs.org/Council-tax-bailiffs.html


Anyway the debt...... on Monday 16th July a bailiff came to my house, I wasn't in but he left a letter, when I got home I opened it and found an enforcement notice for council tax for the amount of 143.09. so I rang the name on the enforcement notice mr john wragg,


This guy? >> https://certificatedbailiffs.justice.go ... arch=wragg

I asked my wragg what it was all about he said he wanted £453.09 by end of the day or he was coming round to gain entry to my house to take goods.

Are you a vulnerable person. Check this to see if it applies to you: http://www.dealingwithbailiffs.co.uk/Ba ... eholds.htm

I explained I couldn't afford the payment in full and I tried to explain that I had an agreement with them before and they stopped collecting it back in Jan 2017.
Contact the council.

The Department for Communities and Local Government has published an official document called the Guidance on Enforcement of Council Tax arrears. See This Document. On page 8 it provides for a local authority to return the account from bailiff administration and allow you to propose a repayment schedule you can afford.



Clause 4.4, if a bailiff is trying to force you to make payments you cannot afford then you can write to the council asking them to comply with the above guidelines and follow clause 4.5 by exercising its discretionary right to return the account to town hall control as a gesture of goodwill to protect you from further punitive action by the bailiff.


Bailiffs must not pressure a debtor to make unrealistic offers, paragraph 24 of the Taking Control of Goods, National Standards 2014.

This template letter will help you get started, it gives all the above regulations and gives the council an opportunity to avail itself to them and proposes a repayment of the arrears at a rate you can afford. Alternatively, you can use this letter courtesy of Mark1960 or this letter
he called me a liar, he also claimed that numerous letters had been sent to my address I had not seen and a mr mark foster had called and spoke to someone at my address, I asked who mr foster had spoke to, his reply was he has a body cam on,

If you bring damages for breaches of the enforcement provisions, his own body cam footage usually the rope ha hangs himself with.

It either proves your case, or the bailiff fails to disclose it into court and his defence fails.


I asked again who he spoke to because it wasn't me and reminded him that if mr foster had spoke about my debt with someone else he was in breach of data protection
The data protection act does not apply in these circumstances.



he suddenly changed it he got no answer and pushed a note through my door which again I haven't seen. he then said again I had till end of the day to pay and that I was down for removal of goods the Tuesday 17th, he then put the phone down,
You need to start recording your calls using your mobile. If you are using an Android phone, then an app called ACR Pro (£2.49) does the job.


I went into a state of panic, I rang everyone I could think for help including my local council but to no avail, I called my wragg back

Stop calling the bailiff. make him call you.



and explained what I had done, and my home circumstances and his reply was what you telling me for and what did I expect him to do, I said help me, he said he would ring the office and call me back he never did, so I rang him 5 more times and he ignored every single call.....
Stop calling him. He will keep messing you about.


I have since found out that he cant just come the next day to remove good its around 7 days after which means I am looking at next Monday 23rd, I have also found out that he cant force entry and I can refuse him access to my house, his only means is by peaceful entry which he isn't going to get...

You are well informed. Follow this procedure to protect yourself: http://www.dealingwithbailiffs.co.uk/Ex ... liffs.html

but now again I live in fear behind locked doors and windows... he wont even discuss a way forward what I really need is the debt to be returned,,,
The law says you have a statutory obligation to pay council tax liability, but there is actually nothing in legislation that requires you to trade with a council tax bailiff company. You are perfectly entitled to write to the council telling them the bailiff is being refused access to your goods and ask the council to contact you again when the council tax account has been taken out of bailiff administration. This letter by Mark1960 should do it.

but what makes me mad is its equita fault in the first place the debt wasn't cleared, I rang my bank out of curiosity they said a direct debit is when they request a payment on a set day, different to a standing order, and equita had not requested any payments since Jan2017.

You must stop giving money to Equita. It does not come off your council tax. They pocket the money pretending to have reaised administration charges on your account.


mr wragg called me a lair... I am really struggling has where I go from here, I have wrote equita a letter explaining everything and denying them right to access because of fear of intimidation and requested they return the debt to my local council also offering a payment plan I don't know if I am right in asking to do that but I cant live like this...... any suggestion please
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

cazmin371
Posts: 2
Joined: 21 Jul 2017 02:26

#3 Re: Equita and feeling scared

Post by cazmin371 » 21 Jul 2017 14:20

letter to bayliff.doc
letter to bayliff.doc
enforcemnet notice .jpg
enforcemnet notice .jpg
Thank you for replying so quick.... I have gone through all your points carefully and read everything you have provided.

I am going to call in face to face to council tax office with all my evidence and fully explain my home circumstances and provide them with my formal requested in writing, and I have kept a copy, with regards to my home life the local council wasn't aware of my current situation so assume because it a debt that I owe from 2013 and I already acknowledged it and had made some payments the have naturally assumed things are ok to pursue.... the checklist this is an honest response

1, Notice of final reminder, not that I remember but I did enter into a payment plan with equita once local council had passed it over, I do recall a telephone conversation with council explaining that I had gone from working to esa and a why their was a delay in payments, their response was deal with equita, hence how the payments with equita started back in August 2016.

2. notice of enforcement... only on the day he turn up on Monday 16th July @11: 20am and hand delivered it.

3, vulnerable person, looking at your list I am in receipt of ESA and PIP and been diagnosed under the mental heath team with PTSD

4,The Car, their is a car registered to my address but it is my partners, I am aware that a v5 IS NOT proof of ownership but proof of registered keeper, so I have proof of purchase which has my partners name and address and how he paid for the car.... is that enough

I have also attached a copy of the enforcement notice that was hand delivered, a copy of a letter I got this morning, and a copy of right to revoke access not sure if I can use this read a lot of pros and cons however I thought of this because of fear of intimidation.

a question ... how much of the fact the letters from equita are fraudulent by being not signed, I have read that this means no return in liability or is this untrue?
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Schedule 12
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#4 Re: Equita and feeling scared

Post by Schedule 12 » 21 Jul 2017 14:40

cazmin371 wrote:
21 Jul 2017 14:20


2. notice of enforcement... only on the day he turn up on Monday 16th July @11: 20am and hand delivered it.

None of the documents you have attached are a qualified Notice of Enforcement.

It should look like this: http://www.legislation.gov.uk/uksi/2014 ... edule/made

And it must contain all these: http://www.legislation.gov.uk/uksi/2013 ... ion/7/made



3, vulnerable person, looking at your list I am in receipt of ESA and PIP and been diagnosed under the mental heath team with PTSD
Get your doctor to complete a MALG evidence form. Take a copy with you to the council.

Remind the council they must follow Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014, Regulation 10(1) of the Taking Control of Goods Regulations 2013 and paragraph 77 of the Taking Control of Goods National Standards 2014.

4,The Car, their is a car registered to my address but it is my partners, I am aware that a v5 IS NOT proof of ownership but proof of registered keeper, so I have proof of purchase which has my partners name and address and how he paid for the car.... is that enough
I doubt they will interfere with the car. Legal action for unlawful interference with vehicle costs bailiff companies thousands by the time I am finished up at court. It's not worth the risk taking other peoples goods.


I have also attached a copy of the enforcement notice that was hand delivered, a copy of a letter I got this morning, and a copy of right to revoke access not sure if I can use this read a lot of pros and cons however I thought of this because of fear of intimidation.

a question ... how much of the fact the letters from equita are fraudulent by being not signed, I have read that this means no return in liability or is this untrue?
They don't need a signature. None of the documents you have uploaded are statutory ones and count for nothing anyway insofar as Schedule 12 enforcement is concerned.


The Notice of Removed Right of Access or NORIROA is way too wordy for what you are trying to do. They are only effective on bailiffs without a power of entry, so a liability order bailiff would be one such because the order is only a power to take control of goods. It's not a right of entry.

You can scale down the wording of a present day (post schedule 12) notice to say "UNLESS INVITED, PLEASE QUIETLY LEAVE THE PROPERTY". and that's it provided it is clearly displayed at the door or boundary of your property, the bailiff is obligated to do so with all reasonable speed.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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