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chrisuk73

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  1. Hi I have a problem with this outfit, Phoenix Commercial Collections. I have read up on them online and they seem to be a dishonest lot. I had a litigation case two years ago (unrelated) which cost me a lot of money and my personal finances eroded. I ended up with some council tax debt. I got everything sorted in my life end of 2015 and paid off various debts. I had £2051 owing on council tax, which I paid in full in late January 2016. I have a letter from the council dated 17th Feb that states my account is clear. In mid Feb I get a new, out of the blue letter from Phoenix saying that I owe said £2051 plus £75 enforcement. I ignored it as the amount was paid by that time. I get a few more letters and calls. I tell them to go away as there was no debt in my mind. Not just that but I have council correspondence stating the same. I have bank statements showing the amount as paid. Today an undesirable knocks on my door at 8.10 in a bright yellow jacket demanding £310 or they seize goods. They also interrupted an early meeting as I work from home, its also my trading address. I told them to get stuffed and they went away but saying they would return to take my belongings. Later I inspect my old letters from Phoenix and called them. They now state that : 1. The account was passed to them a few days before I paid the council in full. I suspect them of backdating but can't confirm. All I know is that I had settled the bill before I ever heard of these Phoenix guys. 2. They say I still owe money to the council at first but now accept that I do not. I think they backdated a letter to pursue fees, I'll never prove that though. 3. They have upped the bill to £310 to cover costs of visiting my home and enforcement. Except I didn't invite them and they are enforcing a non debt. Also my online research suggests that this is a common bailiff [problem] when the principle debt is paid and illegal, section 58. At best they are trying to enforce and levy £235 on a £75 compliance fee, that due to the dates on letters I also dispute. So the rude woman at the door didn't bother me too much besides quoting lots of liability order legalise at me, a quick get lost and she was gone. I have since written to Phoenix instructing them not to attend again without prior appointment. Thing is firms like this are parasitic in nature and they will probably come back. They are trying to use the original council liability order as their muscle. However that debt is clear (in writing ) before I ever heard of Phoenix. That they are trying to levy another £235 and my research lists this as a common [problem] makes me question their honesty and integrity. They think I owe them £75 (I say not) and are adding further enforcement costs to that. It would be easy to pay to go away but I don't see why I should line their pockets. Advice would be welcomed. Chris
  2. I took out a bridging loan secured on property last year. It was arranged through a broker. There was a £500 commitment fee paid separately to the loan but to be refunded on account at draw down ( I have this in writing although its not in the loan contract. ) The missing £500 does not appear in the completion or redemption statement but my banking shows it as paid and they confirm receipt. Additionally the redemption statement includes extra unexpected fees, surplus to 7.1 below, ie fees added at closing and not taken from monies advanced to borrower. There is already an agreed redemption fee of £1500 and they have added these £600 worth of misc extra fees at closing, admin, discharge sealing fees etc 7.1 of my contract states I pay on full indemnity basis all legal fees and other fees and expenses incurred in connection with facility and that the borrower agrees that these and and expenses fees will be deducted from the advance paid to the borrower. This is fine as I knew what they were and they are listed in the completion statement but the £600 have been tapped on to the redemption statement and I don't think that is right as I only ever agreed fees would be deducted from the advance as per contract 7.1, ie I knew what they would be. There is already a £1500 exit fee. The drawn down date was also extended due to legal delay, they are now saying that the £500 is NON refundable. we agreed to extend our Facility terms to xxx with a completion date set on or before this date. However, this was on the basis that we would NOT refund the commitment fee to the borrower. Thing is we didn't agree and I never signed anything to that effect, never had a conversation or email or any kind of agreement saying that. The only thing I have in writing is them stating it is to be set off to the account. First I heard of this was after a requesting a redemption statement. My broker has no correspondence either on this. Basically I am being fleeced for an extra £1,100. What steps can my solicitor take to put the squeeze on them as obviously their unscrupulous behaviour can mess up my house sale. Would appreciate some advice on how to handle this firm.
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