Bailiffs- phoenix commercial collections

[khimerism]

Briefly, on 04/03/09 I had an unexpected home visit from Phoenix- Daniel kendrick and Chris Sharif. They have come to collect a council tax debt. I explained to them that I already have an arrangement with the council to pay £141 each month which I have been paying. I asked them to leave as I was taking my kids to school. Came back home to find an envelope stuffed with a notice before removal and notice of seizure of goods and inventory notes-

Arrears due to authority- £306.50

Levy Charge- £32

Enforcement Fee -£ 255

 

inventory to which this refers- My car on Hire Purchase Agreement

 

I called the Council immediately and demanded some answers as I did not receive any notice from them. The council explained that I was late in paying the installments and I owe £284. I informed the council that I have paid £142 on 02/03/09. The customer advisor checked my records and said I owe £140. I paid this amount immediately and asked her to inform Phoenix. I called Phonix to inform them that I have settled the debt with the council.

On 11/03/09 the bailiffs from Phoenix turned up and blocked my car and demanded £476.50 as enforcement fee. I declined and called the police of an illegal activity taking place in my residence.

The police arrived but said they had no power as these are certificated bailiffs from the court and have powers to seize the car. I demanded to see the authority from the council and the liability order from the courts but they refused. I was left with no choice but to pay £476.50 before they left my driveway to enable me to take my kids to school.

 

I need your advice and a model letter of complaint about bailiffs.

 

Thanks

[chris600uk]

You've been well and truly screwed.

 

So to start from the top.

 

Template letters are usually in the wiki.

 

You, by the sound of it have grounds for a complaint against the bailiffs, and a complaint against the Police officers - which you should address to the Chief Constable himself, it's the only way it'll be taken seriously.

That doesn't mean they'll do anything though, but if you don't try you'll never know.

[chris600uk]

I explained to them that I already have an arrangement with the council to pay £141 each month which I have been paying.

 

They were entitled to collect once the council passed the debt to them regardless of the arrangement you had. The council have a contract with them .

 

Came back home to find an envelope stuffed with a notice before removal and notice of seizure of goods and inventory notes-

Arrears due to authority- £306.50

Levy Charge- £32

Enforcement Fee -£ 255

 

inventory to which this refers- My car on Hire Purchase Agreement

 

The bailiffs were entitled to assume that the car was yours and were entitled to seize it. However, once they were informed that it wasn't your property but was in fact the property of the Hire Purchase Company, they should have released it from seizure and amended their records to show no charge.

A statutory declaration should be enough although some insist on the owner making an application to them directly.

 

I called the Council immediately and demanded some answers as I did not receive any notice from them. The council explained that I was late in paying the installments and I owe £284. I informed the council that I have paid £142 on 02/03/09. The customer advisor checked my records and said I owe £140. I paid this amount immediately and asked her to inform Phoenix. I called Phonix to inform them that I have settled the debt with the council.

 

 

It was important at this point to put that in writing, because you have no proof of that phone call, only of making the payment.

At that point the bailiffs felt justified in carrying on because they clearly believed they had lawfully seized your car.

 

 

On 11/03/09 the bailiffs from Phoenix turned up and blocked my car and demanded £476.50 as enforcement fee. I declined and called the police of an illegal activity taking place in my residence.

 

Unless you had provided evidence that the vehicle was NOT your property it's difficult to see how they could have done anything else.

And the Police haven't got a clue - they aren't called wooden tops by their detective colleagues for nothing, who aren't always the sharpest tools in the box themselves. The police, unless you are lucky, will take the line of least resistance and will assume the bailiff is telling them the truth.

 

 

I demanded to see the authority from the council and the liability order from the courts but they refused.

 

That's typical, they probably didn't have it with them anyway.

 

 

I was left with no choice but to pay £476.50 before they left my driveway to enable me to take my kids to school.

 

So let me see, so far you have paid them:

 

Arrears due to authority- £306.50

Levy Charge- £ 32.00

Enforcement Fee - £255.00

Enforcement Fee - £476.50

Which I believe totals = £1070.00 that you have paid on top of the money you owed the council.

[khimerism]

Thanks for your quick response. I made an appointment with the council on 11/03/09 afternoon. I had a meeting with an advisor who informed me that the discussions and protest with the customer advisor on the phone had been recorded on my file.

Secondly, she advised me to make a formal complaint to the head of revenue and also a complaint to the the bailiffs company.

Where is wiki- I am a novice to all this

I paid £476.50 to the bailiffs on 11/03/09 and arrears of £140 directly to the council on 04/03/09.

Please help me to recoup this money with interest/compensation

[chris600uk]

Thanks for your quick response. I made an appointment with the council on 11/03/09 afternoon. I had a meeting with an advisor who informed me that the discussions and protest with the customer advisor on the phone had been recorded on my file.

 

That sounds like a nice honest person, but be warned they may be in a minority at your council office and if (as happened to me) they changed computer systems and for some reason lose access to those files then you've no proof. What you should do is send a polite letter confirming everything that was said in the telephone conversation and as them to confirm that their records agree with yours.

 

Don't leave it to chance, it cost me nearly £4000 in council tax I shouldn't have had to pay, and still owe today.

 

Secondly, she advised me to make a formal complaint to the head of revenue and also a complaint to the the bailiffs company.

 

I always suggest doing it in this order: written letter to bailiffs, scanned and emailed to them, email copy to council tax dept, head of revenue, your councillor, and your MP.

 

 

Where is wiki- I am a novice to all this

 

Right at the top of the page although it's often worth browsing previous threads because some of the letters are cracking, that's how I did it.

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/120845-rossendales-final-reminder-i.html

[chris600uk]

I paid £476.50 to the bailiffs on 11/03/09 and arrears of £140 directly to the council on 04/03/09.

 

Well the arrears of £140 were owing to the council so thats gone.

 

But the £476.50 (not £1070 ) is a different matter.

 

 

I would begin at the beginning and complain about the levy upon the HP Car, because that is the foundation on which they built their fees and actions.

 

You should get a statutory declaration witnessed by a solicitor to say that the car does not belong to you, and write to them asking for the return of the money incorrectly levied. They'll refuse of course giving some reason but that's ok, post back when you get that reply.

 

Make sure a copy goes to the council asking them for the money as well.

[combathamster]

Chris Sharif was the bailiff who came to my house....see my post on Phoenic Luton Borough Council......and 'enforcement fee' of £165 appeared on that document....

[tomtubby]

I have never been in favour of naming a bailiff on an open forum but as this post has had the name on here for over a month I will confirm that if you are considering making a formal Form 4 Compliant to the court about this person then all enquiries need to be made to Redditch County Court and the bailiff is self employed.

 

The fees are NOT RIGHT and the entire responsibility for the fees is with the local authority to sort out. The bailiff is their AGENT and they cannot abdicate responsibility.

 

You are entitled to a large refund....NOW.