Fees with Equita

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Serrnao
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Joined: 17 Nov 2017 20:04

Fees with Equita

Post by Serrnao » 06 Dec 2017 14:10

Hi,
would like some help with some fees that are outstanding to Equita. I've had numerous parking tickets and a couple of council Tax bills that got handed to Equita. Over the last year or so I have managed to pay them all off directly to Southampton City Council. Now I have Equita chasing for the fees, and I've got feeling they've over charged me for some of those fees. I recently moved (in the last 2 months) and when I changed my address with the council (I'm assuming its the council who passed on my new address) Equita within a week or so had sent letters to the new property. I want to find out a break down of their costs but not sure how to go about it. Is there a standard letter I can email to Equita to ask for this info... and also what is the best way to go about setting up an 'affordable' payment plan with them when the time comes. So far the letters they've sent to the new address say "I write further to your recent communication"... I didn't contact them. And one just has 'notice of Action' at the top.

Many thanks for any help you can provide.

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Schedule 12
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Re: Fees with Equita

Post by Schedule 12 » 06 Dec 2017 16:26

Serrnao wrote:
06 Dec 2017 14:10
. Now I have Equita chasing for the fees, and I've got feeling they've over charged me for some of those fees.
Once the amount outstanding has been paid, the enforcement power has ended. Bailiffs cannot take control of goods to recover unpaid fees.

This article explains the legal position: http://www.dealingwithbailiffs.co.uk/Po ... emand.html




I recently moved (in the last 2 months) and when I changed my address with the council (I'm assuming its the council who passed on my new address)

More likely, Equita traced you and tried again at your new address.




Equita within a week or so had sent letters to the new property. I want to find out a break down of their costs but not sure how to go about it.
Equita doesn't have any costs.






Is there a standard letter I can email to Equita to ask for this info...

There is no letter for this because the law says the bailiff must explain his fees on the Notice of Enforcement, and since you didn't get one (you moved) the bailiff is not eligible for fees or costs. Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 states:

  • 3. These Regulations apply when an enforcement agent uses the Schedule 12 procedure.



and also what is the best way to go about setting up an 'affordable' payment plan with them when the time comes.
The bailiff will mess you about. They will not enter into any arrangement.





So far the letters they've sent to the new address say "I write further to your recent communication"... I didn't contact them. And one just has 'notice of Action' at the top.

Many thanks for any help you can provide.
Let them bring the action.

Another bailiff tried suing a debtor through the court for his fees and it failed because the money was not owed to the bailiff (without locus standi).
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

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Serrnao
Posts: 3
Joined: 17 Nov 2017 20:04

Re: Fees with Equita

Post by Serrnao » 06 Dec 2017 16:54

Thank you for your response.... I see in the link there, that it says to let the creditor know I have paid in full, am I best to write/email/call them? And am I right in assuming that because I have moved they now have to start their 'proceedings' but without the fees (because they've already applied them to the amounts in the letters they have sent) to be able to start the 'we're visiting your property' malarkey? I'm more worried about them turning up and clamping my car.

Serrnao
Posts: 3
Joined: 17 Nov 2017 20:04

Re: Fees with Equita

Post by Serrnao » 06 Dec 2017 16:56

Sorry one more point... I got a notice of enforcement for one or two of the fines a while ago to my old address... will that still stand?

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Schedule 12
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Re: Fees with Equita

Post by Schedule 12 » 06 Dec 2017 17:40

Serrnao wrote:
06 Dec 2017 16:54
Thank you for your response.... I see in the link there, that it says to let the creditor know I have paid in full, am I best to write/email/call them?

Yes and keep a record of the communication. DO NOT do it by telephone.


And am I right in assuming that because I have moved they now have to start their 'proceedings' but without the fees (because they've already applied them to the amounts in the letters they have sent) to be able to start the 'we're visiting your property' malarkey? I'm more worried about them turning up and clamping my car.
They will probably try that. Otherwise, they will eventually move on. This article explains what you can do: http://www.dealingwithbailiffs.co.uk/Ex ... liffs.html
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

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lemonicer
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Joined: 10 Apr 2018 11:26

Re: Fees with Equita

Post by lemonicer » 10 Apr 2018 11:47

Oh! I feel sorry for you. I m also fighting with the guy called Rhodes from Equita. He came 3 weeks ago early morning 6.34 and clamped car without even telling me. But while i was waking up i watched out of the window and saw somebody near my car with yellow clamp. Went out and told him that car is on finance and he cant do it. He was so rude..he wasnt even willing to listen me properly by interrupting. I paid him 100 pounds to unclamp my car which he did. And i agreed to pay every month 106 pounds. But after little research in this page i decided to pay directly to Bedford Borough Council and only origunal debt for 113 poundsThe debt wasnt alot. it had risen to 113 pounds but rest of 310 was fees. Today the guy called me and he was mental...He was like what have you done?! Youve messed up payments..you have made my case against you even worse. I personally dont think so. But im still bit scared because he told me..im coming back and clamp your car.

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Schedule 12
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Re: Fees with Equita

Post by Schedule 12 » 10 Apr 2018 15:11

He clamped a finance car and took a sum of money to remove the clamp. From that point forward, he cooked his goose.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

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