Phoenix Commercial Collections

[LONANDLEW]

Can anyone help

 

I have just recieved a letter from this company stating that a debt collector has vsited my house to collect payment for arrears owed to a council for over paid housing benifit

 

There is a long story to this but the shortened version is that my wife and myself were recieving housing benifit and council tax benifit where we were living up untill ot 2004 when we moved out i called and cancelled our claim for housing benift and gave them our new address (which was my parents so i knew i would get any mail) the housing benifit section even said that they would inform the council tax dept of my move etc.

 

Roll on about 6-8 months later i get a letter at my parents informing me that council tax was about to take me to court for not paying my outsanding council tax.

 

I call the council tax dept straight away and asked what was going on they informed me that they had written to me at my old address (which i no longer lived at) but because this was a court summons it took my address from somewhere else in their system hence why i got the letter.

 

I paid the full amount outstanding there and then (even the court summons fees) to ensure that there was no further action taken and that was that as far as the council tax saga goes.

 

I asked to be transfered to the housing benifit section to check that they had the correct address and they informed me that they only had the address that i had moved out of (funny how the council tax dept had my parents address which they had got from the housing benifit section).

 

They then procceded to inform me that i owed them money as they had cancelled my claim from a date before i had moved out due to not getting a reply to letters that they had sent me.

 

I told them that as they were sending letters to my previous address how was i to reply after all i had taken the time to call and cancel my claim and inform them of my new address that even the council tax dept had which they had given to them.

 

They said that i could appeal which i did and after posting an appeal letter that they said they never got and a hand delivered letter that again they had no record of i resorted to sending them an email with a copy of the appeal letter attached with a delivery and read request (you not going to believe this they could not even open the word document) so i then had to copy my letter into the actual email and hurray they had it (this being feb 2006).

 

Now you would think that things would now start running smoothly but no they sent me a reply stating that i had not appealled within the time set down in the letters (which went to my previous address the whole reason i was appealing) but they did send me copies of the letters

 

While i was preparing to send in another apeal letter i did get a surprise whichwas that they had reculculatd my housing benifit and that they had no culculated that i owed £1.68 so with a sigh of relief i called up o pay the outstanding amount only to be told that it had been paid and that my account no had a zero balance

 

Horray you may be thinking but that woud be jumping the gun

 

I the recieved a letter at the address i now live at (my own house well the banks anyway) in ju 07 stating that i still owed them money i called and was told that i had a zero balance again to which i informed them that i had this culculation and it showed i only owed £1.68 and that when i called to pay it was told that it had been paid and was at a zero balance

 

then i got a letter saying they had an order for recovery of award from a county court right out of the blue in oct 07 i called the court and they basically told me that this was the start of the proceedings and that i should get something from the council

 

I am willing to go into court and explain the situation as i feel that i have been unfairly treated by the council and that they just do what they like

 

Anyone know what i can do about the dca as i dont want them taking my pocessions especially as now that i am a single father my son and i have been through enough in the last couple of years

 

Sorry i did say it would be short but this is just the overview

 

Many thanks in advance

[berrylover]

I don't really know, but I am sure someone on here will be able to help you.

[mr.ton]

The DCA wont do anything other than send a few threatograms out & make a few phone calls - other than that, they will do absolutely nothing

[dx100uk]

are you SURE this is a DCA, not bailiffs? as a court summons has been involved.

give us their name

if it IS a dca then as stated, no worries, they can threaten what they like, they have NO legal powers!!

 

dx

[palomino]

One approach you could and should take is to make a subject access request to the council under the provisions of the Data Protection Act 1998.

 

You should ask for full disclosure of both your housing benefit and your Council Tax records. In particular you should request -

- statements

- all calculations of CT and HB

- copies of all correspondence, including emails

- copies of all notices

- 'anything else' they have on file for you

You can probably think of other items to add explicitly.

 

The fee is £10 and they have 40 days to provide the information.

[LONANDLEW]

I am not sure but i never recieved a court summons at all and when i called the courts the lady i spoke to told me that they have to send me any details that they have so that i can defend myself

 

I thouht that was the case as i have over the last couple of years had to o to court to resolve custody of my son and i needed then to reply before the court case could go ahead

 

Maybe it is different but i would of thought that as i had a letter form them showing their culculation i could show this to the court aswell as explain that i have done every thing that i could to resolve this

[LONANDLEW]

Well this is a turn of events

 

I had a knock on the door today by someone from this company all he said was i left a letter for you, you have not made contact and are you going to pay

 

I just said no he said ok and left

 

Anyone have any ideas just seems a bit weird

 

Lastly can advise me about one other thing i have a company car which is parked on my drive can they do anything to it ie clamp it after all the car does not belong to me

 

Any advise would be gratefully recieved

 

Many thanks in advance