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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3843
Experience:  Solicitors 2 years plus PQE
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Good Morning, We have been making constant monthly payments

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Good Morning,

We have been making constant monthly payments from 2010 until current of £20, towards council tax of a property we lived in until re possession back 2010.
Equita Ltd are the bailiffs receiving payments on behalf of the Council London Borough of Enfield.
Recently we changed mode of payment a direct debit facility which saves us a £1.50 charge on the debit card payment.
The funds had all been in credit in the account however on the day of withdrawal, our bank mistakingly did not honour the direct debit. We have proof of all statements and the fact that the monthly instalment was in the account on the day of withdrawal by Equita Ltd.

I have now incurred a hefty surcharge and fees due to the banks fault where Equita has handed the matter over to the bailiff and the amount went from £127 to £326 inclusive of bailiffs charges.

In summary we have made correct payments for the last 4 years and because of one mistake from the bank of not honouring what they should have debited, Equita have executed a warrant to the bailiffs for immediate collection at the increased amount.

I have contacted Equita explaining everything with all documentary evidence and still they have ignored the mistake and refuse to reinstate the monthly payment schedule.

I have sent two such letters to Equita Ltd and no favourable response. At least the bailiff is more considerate and allowing me the time to resolve the issue however today is the last day that the bailiff can really hold out until without collecting payment.

I have called Equita to lodge formal complaint but absolutely no way of getting through to them except by letter.

I am on income support and to pay this amount in one go is totally not viable for me.

My records show that I have never missed a payment for the last 4 years and in order to save myself the £1.50 surcharge of paying by debit card, I had elected to use the direct debit method of payment. The fund was in the account but the bank mistakenly did not honour the request made by Equita on that specific date.

I have tried calling the CAB but again engaged since last thursday.

Perhaps you would be kind enough to help me somehow.

Yours sincerely,

Rakib Ali
07845 703730 [email protected]

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

Have you received an invoice for the missed Direct Debit payment?

Kind regards

Customer: replied 4 years ago.
No sir/madam

Thank you.

I am afraid there is not really much you can do about the Bailiffs, it is your responsibility to pay them and they cannot take responsibility for your banks failings. However you have a reasonable expectation that they must not harass you. This is under S.40 of The Administration of Justice Act 1970. It is a criminal offence to harass a debtor. If they continue to harass you, you could report them to the police or Trading Standards at your local council. I would do this any way as they are ignoring your correspondence which is in itself enough to cause alarm‎

Your issue should in fact be with the bank. The bank has breached its mandate with and as a result you have suffered a loss. I would get the Bailiffs to confirm what the charges are from the failed payment in writing. I would then write to your bank and show then that their failing has caused you loss. Your bank has an obligation to treat you fairly in their charter and if they dont respond you can make a complaint to Financial Ombudsman who will have the power to order the bank to pay you compensation.‎

I look forward to hearing from you.

Kind regards


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