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I had an agreement with Philips to pay off my outstanding Court fine of £150 every 2 weeks @ £15 a fortnight, last payment I made was on the 11th June.

I log in this morning to find my case "in dispute" and the remaining balance bumped back up to £150 from £35 :eek: I know this can't be right, all my payments were up to date. I'm really p*ssed off with this. I have my bank statements to back up my claim, any advice on what to do next would be appreciated.

 

JF4L


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send the idiots a SAR and demand all the paperwork relating to this account including statements


PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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Thanks PGH. Do you have the proper address for Philips? The only one I have is their PO Box in Doncaster.


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Moving to the Bailiff forum...


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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I wondered where me thread went lol :D Is there any chance of contacting the court the fine originated from and asking them when they last got paid by Philips? Sounds cheeky I know but it could be worth a shot.

Edited by JrnyFan4Life

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Philips Collection Services

1 Trinity Court

Faverdale Industial Estate

Darlington

County Durham

DL3 0PH

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Sorry to hear of your problems, yet another complaint regarding Philips, they seem to be getting worse.

 

Here is some contact information you might find usefull:

 

Philips Collection Services Ltd

 

PO Box 152

Darlington

DL3 9WT

 

Contact: Mr N Bradley Cheif Executive

 

Phone: 01325 387 400

Fax: 01325 383 887

 

Email: npb@philips.org.uk

 

Link: www.philips.org.uk

 

 

Office of Fair Trading contact details:

 

Philips Collection Services Limited - Licence Number 0491286

 

enquiries@oft.gov.uk

 

You could also make your local MP aware of your situation:

 

www.theyworkforyou.com

 

 

I would also reccomend you contact the Court to explain the problems you have experienced with Philips, see if the court will take the debt back.

 

Hope you get things sorted, keep us informed.


The retailers worst nightmare !

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Guest Happy Contrails

I log in this morning to find my case "in dispute" and the remaining balance bumped back up to £150 from £35 :eek: 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.

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Thanks for that advice Happy Contails, I've just spoken to the courts and they said they can't intervene once it's been passed to Philips, so I'm guessing the next step is the Parlimentary Ombudsman? I'm thinking of talking to my solicitor about this aswell.


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This is interesting, I'm due to see my solicitor at 14:30 today and lo and behold! Philips have just replied to my email:

 

Thank you for your email.

 

Please find attached an upto date statement. (No statement was attached)

 

Unfortunatly there is no payment for June showing on your account, in order for us to

locate your payment please send a copy of your bank statement showing the payment.

 

Once received this will allow us to locate the payment should it be in our suspense

account.

 

Regards

 

Philips

 

 

I'm now gonna fire off another email with a copy of my recent transactions, which clearly shows I paid them on the 11th June.


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obviously don't want to deal with a solicitor :D

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They don't know I have an appointment ;-) but I feel this is gone beyond complaining directly to the company, they will pay for this, that much I'm sure of.


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Spoke to my solicitor, told her what had happened and she immediately dictated an email and fax to Philips demanding they find the £15 that was taken on the 11th, remove the £150 they placed on my account and told them I'd pay £35 as full and final settlement next week. Once my solicitor has a response I'll update.


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Just out of curiosity I signed into my online account with Philips to see if they had removed the default, and they've added another £50 to the balance! Still waiting for my solicitor to get in touch, but I doubt that's gonna happen anytime soon given the fact it took them 6 days to reply to my email.


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I recieved this in the post yesterday:

Philips001.jpg

 

They and I both know it's them thats in the wrong and not me, is there a letter I can send them just so I can buy some time until they respond to my solicitor?


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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

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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

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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

 

 

That doesn't surprise me, my account now stands at £200 because they can't find the payment I sent them on 11th June.


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Guest Happy Contrails

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.

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Well I've still had no correspondence from Philips, however my outstanding balance has magically decreased from £200 to £135, but they're still not getting anything off me until this is sorted to my satisfaction.


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Received an email response from them this afternoon, which included an attachment of my account breakdown. I know for a fact their visit fees are illegal as no one has came to the house and nothing been posted through the letterbox to say someone had been, also they finally (and conveniently) added the £15.00 I paid them in June to the new balance.

 

1563854.jpg


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Well all has been fairly quiet, solicitor contacted Philips regarding the fees. They sent a letter back saying enforcement action couldn't be stopped, and that I still owe £135.00 etc. Checked my Philips account as I have a telephone appointment today with my solicitor, and lo and behold, I have no outstanding balance or indeed an open case. Whilst I'm happy that my debt seems to have vanished, I am rather cautious, given the fact that 2 weeks ago I owed them money.


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They must have returned it.

 

Be careful as it may get passed to a different bailiff company for them to try and enforce.

 

Try and pay it direct ASAP if you can.

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Spoke to my solicitor, she said it wouldn't of been passed on to another Bailiff's, but either put right what they got wrong, or it's been sent back to the courts, in which case I'll get a letter saying there's a warrent out for my arrest, and all I have to do then is ring the court and ask for a hearing, personally I hope it's the former but I wait with baited breath.


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