Need some quick advice guys, Equita removal notice letter (Thought it was a scam)

[TonyTurbo78]

Need a bit of advice guys.

Wife just passed on a letter that was posted to inlaws (lived there for 8 months last year whilst saving for a house with my wife). We moved from there last October.

The letter is a Removal Notice letter telling me an Enforcement officer will call next week to take control of any goods to that value.

I initially thought this was a scam as I had no idea what this was about, came upstairs and looked at Equita scams. There was nothing on the later showing how much I owed, what for etc so thought it must be. Then after reading it a few times, finally twigged there was a PCN ref up the top of the page. Went online popped the number in and low and behold, in February 2017 I encroached on a bus lane. Yes, Feb 2017, this is the first letter that I've ever seen, or been passed on to me, I see the inlaws every week. There was no option to view the amount owed or any way to pay the fine there so just gave Equita a ring. I'm absolutely fuming, the offence was £89, but because its now gone further there is another £75 to pay Equita and also the total amount of £408

This is genuinely the first time any letter has been sent to me, apparently a collection officer went to the inlaws address in February 2018 but there was no answer. Now like I was adamantly explaining to the poor girl on the other end of the line, if anyone would have gone there a letter or a summons would surely have been left. I was living there at the time, obviously we would have been at work, but there was absolutely 100% no way any letter was left. It's my inlaws, who are incredibly organised, I'd never seen any letter. Now that was 5 months ago and still no letter to this day, surely there would be something every 30 days right?

I've just told Equity they can whistle dixie if they think I'm paying all the extra, and said I would only pay the amount of the fine etc.

Obviously I'll need to either go to the council office tomorrow or ring them to try and sort this mess out. Any idea what I can do if anything?

 

[touch]

Went online popped the number in and low and behold, in February 2017 I encroached on a bus lane. Yes, Feb 2017, this is the first letter that I've ever seen, I was there until October 2017

To be fair, encroaching in a bus lane for 9 months is a bit excessive.

 

[Werewolf]

If it's the first you've heard of it you need to let them know and do a statutory declaration ASAP, from memory the statutory declaratiion should reset the process if accepted.

This is one of the instances where you almost certainly can't tell them to whistle, as if it's been through the court they will likely have full bailiff powers, rather than just debt collectors

 

[TonyTurbo78]

To be fair, encroaching in a bus lane for 9 months is a bit excessive.

lol, meant was living at the inlaws until that date. Very good though. Will edit that cough cough

 

[jsmoke]

No expert but somehow have to establish that you've only ever received one letter. I guess ask the council first see what's in their system.

 

[TonyTurbo78]

If it's the first you've heard of it you need to let them know and do a statutory declaration ASAP, from memory the statutory declaratiion should reset the process if accepted.

Let who know, the council? Equity were only interested in chasing up the amount.

 

[andicole0]

To stop any further escalation of charges you'll need to pay. If you feel you have been unfairly treated then in parallel object to the charge. Ignoring it will just allow the claimant to escalate with consequent significant recovery charges.
Andi.

 

[TonyTurbo78]

To stop any further escalation of charges you'll need to pay. If you feel you have been unfairly treated then in parallel object to the charge. Ignoring it will just allow the claimant to escalate with consequent significant recovery charges.
Andi.

I've told Equita I'll pay the amount of the fine being £89 tomorrow after I get to the council, after all that is my wrong doing. But for all the other money, hell no, this is the very first time I've any wind of this.

 

[andicole0]

I've told Equita I'll pay the amount of the fine being £89 tomorrow after I get to the council, after all that is my wrong doing. But for all the other money, hell no, this is the very first time I've any wind of this.

I would be surprised if that would be sufficient, they have already incurred costs in finding you.
Andi.

 

[Werewolf]

Let who know, the council? Equity were only interested in chasing up the amount.

I think you need to let the council know you were not informed, and do the declaration at the local magistrates court (some council offices may be able to do it as well).

The declaration is needed if it's gone through the court.

I'm not an expert, and only know this via osmosis, so you may need to speak to a lawyer, although it's normally fairly simple (especially if you moved between the offence and any court date), motors may have some info on it, but some of the best places online are Money Saving Expert and specifically for motoring related instanced Pepipop.

 

[Werewolf]

I would be surprised if that would be sufficient, they have already incurred costs in finding you.
Andi.

If he can show that he wasn't aware of the fine and didn't receive any notification of it or any court cases you can dispute it and in theory the debt collectors/bailiffs have to accept it and eat their costs if that is accepted by the court.

It's one of the risks the likes of debt collectors and bailliffs accept as part of the job, there will be instances where the person may technically owe the money, but had no opportunity to pay or dispute it earlier so the process gets reset in order to give them the chance they were meant to have.

 

[Tony Edwards]

I've told Equita I'll pay the amount of the fine being £89 tomorrow after I get to the council, after all that is my wrong doing. But for all the other money, hell no, this is the very first time I've any wind of this.

You might have a problem here. Bailiffs like to show they are listening while gathering infomation. If you have told them where you live now they could turn up there to gain access to remove property.

I also believe they can do a reg check to see where the vehicle is regestered so if you still own that vehicle and it has your new address on they could possibly find out.

That £89 is just a down payment for them. Good luck.

 

[TonyTurbo78]

You might have a problem here. Bailiffs like to show they are listening while gathering infomation. If you have told them where you live now they could turn up there to gain access to remove property.

I also believe they can do a reg check to see where the vehicle is regestered so if you still own that vehicle and it has your new address on they could possibly find out.

That £89 is just a down payment for them. Good luck.

They can't gain access without permission or a court agreement. They just can't kick the door in or force entry.

 

[A2Z]

They can't gain access without permission or a court agreement. They just can't kick the door in or force entry.

If you have a car and its sitting in front of the house and is not on finance they can take it away, no need to enter any door. And add removal costs to the total.

 

[Tony Edwards]

They can't gain access without permission or a court agreement. They just can't kick the door in or force entry.

I know what you are saying and I dont want to put any more undue drama to this but they can gain entry if a door or window is open and once in a premise they can carry on. But I could be mixing up my TV programs.

Im just saying dont think you can just ignore the Bailifs. Think of it like a nasty rash that wont go away until you sort it.

 

[TonyTurbo78]

I'm not going to ignore anyone, I want to dispute the extra costs and the complete lack of any subsequent letters or supposed visit back in February by a collection officer, after the offence. Like I've said, I've no issue paying said fine as I've now done this evening, my dispute is the length of time I've not heard a peep until this point where they are telling me bailiffs will be sent to collect the monies owed.

 

[Freddie1980]

I'm looking forward to seeing TonyTurbo on the next series of Can't Pay We'll Take It Away.

If I were you I pay the demand before it goes any higher then I would look up a local solicitor and they will tell you over the phone if you have chance of getting this overturned.

 

[Tony Edwards]

I'm not going to ignore anyone, I want to dispute the extra costs and the complete lack of any subsequent letters or supposed visit back in February by a collection officer, after the offence. Like I've said, I've no issue paying said fine as I've now done this evening, my dispute is the length of time I've not heard a peep until this point where they are telling me bailiffs will be sent to collect the monies owed.

Sorry Im not trying imply you are not going to pay Im just making sure you didnt think that because they didnt have your address you could ignore it as it will just get worse (added cost).

It truly is an annoying position to be in.

As someone else said speak to the PCN issuer they might try to squash it. Good luck.

 

[~Divine~Wind~]

To be fair, encroaching in a bus lane for 9 months is a bit excessive.

I know I shouldn't have but genuine LOL

As Werewolf says Stat Dec if this is the first you are aware of it, this will remove any additional charges and reset to the "discounted" fine

 

[Tony Edwards]

I've told Equita I'll pay the amount of the fine being £89 tomorrow after I get to the council, after all that is my wrong doing. But for all the other money, hell no, this is the very first time I've any wind of this.

Update please?