Urgent Help Needed Philips Collection Services

[janindebt]

Not sure where to post for this?!! My elderley Mum is being pestered by bailiffs (Philps) for an old debt, £140.00 from 1999, alledgely owed to a Debenhams charge card.

This was paid and have a bank statement to prove it.

Company called Aktiv Kapital have been chasing this money, and solicitors letters have been received from Buchananclarkwells and now letters from Philips bailiffs.

Im not sure who to contact first??? Poor Mum is becoming more and more distressed and frustrated over this

Could you point me in the right direction for template letters possibly???

Many thanks.

Jan

[Rooster-UK]

I will move your thread into the debt forum where you will get the advice that you need.

[sosumi]

Not sure where to post for this?!! My elderley Mum is being pestered by bailiffs (Philps) for an old debt, £140.00 from 1999, alledgely owed to a Debenhams charge card.

This was paid and have a bank statement to prove it.

Company called Aktiv Kapital have been chasing this money, and solicitors letters have been received from Buchananclarkwells and now letters from Philips bailiffs.

Im not sure who to contact first??? Poor Mum is becoming more and more distressed and frustrated over this

Could you point me in the right direction for template letters possibly???

Many thanks.

Jan

Jan please search Google for 'Beryl Brazier'. Others will help you with letters but frankly I think you need to contact Trading Standards asap and get the police involved. What they're doing is well beyond illegal.

[sosumi]

Consumer Direct

Also contact your MP asap.

[janindebt]

mANY THANKS! just read the Brazier case... thats awful!

Its the same lot... Thames Credit, then Aktiv Kapital. Have sent formal complaint letter and another to bailiffs.

So we'll see!!

Jan

[cerberusalert]

The Northern Echo - Courts' debt collectors avoid bailiffs going in

 

They even tend to ignore courts:rolleyes:

 

THE debt collectors for North-East law courts narrowly avoided being raided by bailiffs from a rival firm after it refused to pay a compensation order.Philips Debt Recovery is licensed to use force to collect unpaid penalties on behalf of the region's county, magistrate and crown courts.Judges ruled last week that the company had run out of time to settle a compensation debt to a former employee, and sanctioned bailiffs to visit the company's offices in Darlington.Philips was ordered to pay a former staff member £6,150 in compensation at an employment tribunal in December last year.Jackie Ellison said company bosses had forced her to resign by demoting her without explanation and refusing to deal with her complaints.The tribunal ruled in her favour and ordered the company to pay compensation for constructive dismissal and unfair dismissal.All deadlines for payment were missed, and Darlington County Court issued a final ruling, giving bailiffs approval to raid Philips' offices, on the Faverdale industrial estate.A spokesman for the Courts Service said the company had paid the money.However, Alasdair Ross, Mrs Ellison's legal advisor, said last night that his client had yet to see the money.He said: "As far as we are concerned, the money has not been paid yet. We will continue with proceedings until the money is in the bank."As of 5pm tonight (yesterday), the money has still not been paid."A copy of the court order sent to Philips read: "This order means that your goods may be removed and sold or that some other enforcement proceedings may be taken against you."Mrs Ellison said yesterday: "I am hoping this will be the end for me now. I just want to get on with the rest of my life."A Courts Service spokesman said yesterday: "The issue has been resolved. We believe that Philips have now paid the money."We have got a contract with Philips to collect money on behalf of the courts in the North-East. We continue to monitor their performance with regard to the terms of the contract."Philips declined to comment.

 

Also questions asked in Parliament about there practices House of Commons Hansard Written Answers for 04 Dec 2007 (pt 0025)

[whitelion121]

Here are 3 template letter that may help. I would send the 3 letter 1st.

Dear Sir / Madam

 

With reference to the above account, I would be grateful for a signed copy of my Consumer Credit Agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of this agreement upon request. I therefore enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand that a copy of my credit agreement should be supplied within 12 working days.

 

I also understand that under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Please forward the requested detail to

 

I look forward to hearing from you.

 

Yours faithfully

 

 

 

 

 

Dear Sir/Madam,

 

reference to my previous letters, I wish to draw your attention to your company's lack of compliance with my legal request.

 

On 12/01/09 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

You have failed to comply with my request, and as such the account entered default.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both Argos and myself as defined in section 61(1) of CCA 74. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

 

Regards.

 

 

Data Protection Act 1998

Subject Access Request

 

Dear Sir/Madam

 

 

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Number

 

The following is by no means an exhaustive list but in the main this is what I require.

 

Please supply me with a complete list of transactions and charges relating to ALL accounting history with Argos & Capquest. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, all records you hold on me relevant to these accounts, including but not limited to:

 

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the accounts.

 

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

 

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

 

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

 

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

 

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

11. A copy of all account statements for the duration of the agreement.

 

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

 

Any Other information relating to these accounts

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which your debt recovery agent used to communicate my private business to me and which you have hitherto found to be acceptable.

 

 

Yours faithfully