Advice re phoenix

[falcon1959]

I have offerd pheonix comercial collections a monthly ammount to pay off my council tax arrears which they refused. I was then told that a balife they would send around would be able to work out a monthly payment scheme as long as i let them list items in the home. I refused to do this as due to your forums i have learnt that this would give them power to do a walk in possesion of my goods.
They have claimed that they have called at my home but i know they have not called. I have now received a letter saying the matter has been now passed to their enforcement team and that they will call to remove goods from my home.
Am i correct in assuming they can not do this as i have not allowed anyone from pheonix to enter my property regarding this matter ? i have in the past had dealings with pheonix and they did have a walk in possesion for another outstanding fee which i have payed in full to pheonix.
The walk in possesion they had at that time does not apply to this new one does it ?

[ab123uk]

Hi Falcon,

DON'T LET THEM IN!!!!!

THEY HAVE NO POWER!!!

Keep those Doors and windows locked, they are horrible people, the only way they can enter your home is if invited or if they have a court order, they have neither. I would make an offer of say a fiver more per month if you can afford it, if they refuse and go to court, the judge is likely to look at this poorly as you have offered repayment and negotiated with them!

[Michael Browne]

There's a useful letter from Tomtubby here:
Bailiffs: Useful Template Letters - Consumer Wiki

[chris600uk]

Originally Posted by falcon1959

i have in the past had dealings with pheonix and they did have a walk in possesion for another outstanding fee which i have payed in full to pheonix.
The walk in possesion they had at that time does not apply to this new one does it ?

No it doesn't, different matter entirely

[chris600uk]

Originally Posted by falcon1959

They have claimed that they have called at my home but i know they have not called. I have now received a letter saying the matter has been now passed to their enforcement team and that they will call to remove goods from my home.

They always say that - in the letter claiming a visit, did they list a charge for that visit?

By the way, make sure your car is parked away from the house (Statute of Marlborough 1267)

[tomtubby]

I would also advise changing our template letter slightly to say the following:

I refer to your letter dated......informing me that my account has been passed to your "enforcement team and that they will call to remove goods from my home". I would like to inform your company that I am aware that in order to "attend to remove" your bailiff must first have levied upon goods.

You will know from your files that a bailiff has never entered my property and neither has a levy been undertaken.

For this reason, I wish to inform your company that due to the threat to remove my property when no levy exists, I hope you will understand why I cannot possibly allow a bailiff from your company entry into my home to arrange a payment plan as I know that any agreement will require a Walking Possession to be signed.

Instead, I wish to propose the following payments to clear my account etc, etc.


etc, etc.