Thread: Philips Collection Services - HELP!

Philips Collection Services
1 Trinity Court
Faverdale Industial Estate
Darlington
County Durham
DL3 0PH

Originally Posted by JrnyFan4Life

I log in this morning to find my case "in dispute" and the remaining balance bumped back up to £150 from £35 I know this can't be right, all my payments were up to date.

Press the Print Screen button and capture the website showing the overcharge and make a copy of the statement showing the fine from the originating court.

The bailiff is cheating you of money pretending it is a computer error. You need to contact the court and tell them the bailiff is defrauding you of money. If you don’t get a positive reply then contact the Parliamentary Ombudsman. If a bailiff tries to ask you to pay the extra money then they commit an offence under Section 2 of the Fraud Act 2006 and you have a right to make a criminal to police, they could be engaged in defrauding people systematically and could amount to organised crime. There is plenty of recourse under the Proceeds of Crime Act 2002. The police might say bailiff crime is a civil matter, so escalate your complaint to the IPCC against the Police Officer making that comment under Section 4 of the Criminal Law Act 1967 for harboring a criminal abnd failing to investigate crime after it has been reported.

Send this letter by post and by email to the bailiff.

The Omnipotent Bailiff Co, Plc
Their Address 1
Their Address 2
Their Address 3
Postcode

BY POST AND BY EMAIL

DATE

Dear Sir/Madam

Re: [YOUR NAME + REF]: Your fees.

I write following visits by your bailiff however there appears to an irregularity with your fees and I am writing to ask you to provide me the following within seven (7) days:

1) The name of the court that issued the certificate for the bailiff in charge

2) Written confirmation of a) your fees, and b) the original debt

3) The name and address of the organisation that instructed you

4) a) Truthfully confirm in writing your fees are lawful and comply with legislation or b) refund me the unlawful fees plus reasonable compensation for being cheated by your certificated bailiff with his fees by midday the seventh day from the date of this letter.

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss therefore, if no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically file a complaint to police under the 2006 Fraud Act and the Proceeds of Crime Act 2002. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence. If your bailiff is certificated, a Form 4 will be filed.

This letter is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

Yours Sincerely

YOUR NAME

For some strange reason the payments I set up with Philips didn't go through so they added £200 to the bill. I paid the full amount I believed to be owed and sent an SAR. They got back to me saying that they were unfortunately overhauling their system and couldn't answer parts of my request and would send back my £10
A week later still no £10

Jim.

You are being well & truly screwed over by this guy and he is dragging your case as far as they can get away with so they can extemporate their fees. They are doing it because they know you have the means to pay and see you as a blank-cheque meal ticket. The law does not provide for HCEO's to indiscrimately add £200 fees.

If you have been defrauded by an High Court Enforcement Officer with his fee then the best route to settle a dispute is filing a claim in the small claims track.. You can file it online here: https://www.moneyclaim.gov.uk/csmco/index.jsp giving a VERY brief outline of your claim then just follow the courts directions.
The law prescribing HCEO fees for collecting unpaid writs (not county court Judgements) is Regulation 13 & Schedule 3 of The High Court Enforcement Officers Regulations 2004. Broadly speaking it provides:

Where the sum due is £100 or less - 5%
Above £100 - 2.5%
Mileage Charges - 29.2p per mile Max £50
Seizure of goods - £2 per site
Walking possession fee. £3.25 a day
Transport and storage of removed goods "Reasonable costs" Not for gain - See Cullighan vs Marston (bailiffs) Group Ltd. It's probably nil.
Valuation of goods - "Reasonable costs" - must be actual disbursements, not for gain.

Sale of goods by auction Up to £100 - 15%
Next £900 - 12.5%
Above £1000 - 10%

Unlike certificated bailiffs, HCEO's cannot enter a property without permission. They are the same as a common debt collector but with a fancy name.
If an HCEO cheats you with his fees then he commits an offence under the 2006 Fraud Act and you have a right to make a complaint to police and ask they investigate the crime.

Contact Police: the bailiff will probably just be questioned under caution (and his DNA taken for police records) so keep all your documents and take lots of screenshots of that website (press PRINT SCREEN button on your keyboard) and save them showing their fees. - Do this now.

The Chief Constable
Name of Police Authority
Address 1
Address 2
Address 3
Postcode

DATE

Dear Sir/Madam

Re: Reporting a crime committed under the Fraud Act 2006

I enclose a document given to me by a man saying he is a High Court Enforcement Offcier. He is charging me fees of £AMOUNT when legislation says the maximum fee is £AMOUNT.

I write to you understanding the HCEO commits an offence 2006 Fraud Act. A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 1 of the 2006 Act contains the new general offence of fraud.

Section 1 means by which this offence can be committed is set out in Section 2, on fraud by false representation. This section applies where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss. It is also possible that, where a bailiff repeatedly charges for work that has not been done, this conduct will amount to fraudulent trading either under Section 9 of the 2006 Act or under the provisions on fraudulent trading in company legislation.

I take this opportunity to bring to your attention to Lord Lucas sitting at the House of Lords on 20 April 2007 when he asked HM Government whether it would be right for the police to claim that such an action is a civil and not a criminal matter. The Minister of State, Home Office (Baroness Scotland of Asthal) replied with, inter-alia (quote) A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006(unquote).

Please assign a crime reference number and I ask the police this crime is investigated professionally and objectively and I am happy to help you in your enquiries and stand as a prosecution witness at trial.

Yours Sincerely



YOUR NAME
Enc: copy of document

And send this to the HCEO by post and by email. Dont tell them you have filed a complaint to police.

The Omnipotent Bailiff Co, Plc
Their Address 1
Their Address 2
Their Address 3
Postcode

BY POST AND BY EMAIL

DATE

Dear Sir/Madam

Re: [YOUR NAME + REF]: Your fees.

I write following visits by your HCEO however there appears to an irregularity with your fees and I am writing to ask you to provide me the following within seven (7) days:


1) Written confirmation of your fees as shown on your doucments and your website and

2) The original debt amount as shown on the original County Court Judgement.

3) The name and address of the organisation that instructed you

4) a) Truthfully confirm in writing your fees are lawful and comply with legislation or b) refund me the unlawful fees plus reasonable compensation for being cheated by your HCEO with his fees by midday the seventh day from the date of this letter.

A person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss therefore, if no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically file a complaint to police under the 2006 Fraud Act and the Proceeds of Crime Act 2002. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents along with conent from your website will be given in evidence.

This letter is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

Yours Sincerely


YOUR NAME

You can complain to the Information Commissioners Office about non-complaince with your SAR but feel it will be wasted energy. Add this to your to your particulars in your claim in the Small Claims Track for failure to comply with Section 7 of the Data protection Act 1998 and the Judge has a power to order the HCEO pay you compensation.