Jump to content


style="text-align:center;"> Please note that this topic has not had any new posts for the last 3597 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi All, hope someone can advise us please.

 

Prior to our house been repossessed in April this year, My wife had missed a few payments to TV Licensing and a few others. ( She had a lot on here mind as regards been seriously assaulted)

 

TV people showed up on door step, she spoke with them, Next she knew was a letter for her to attend court.

I drafted this letter.

 

 

Account Number: XXXXXX

 

 

D.O.B: XXXXXXX

 

 

Address where offence was committed,XXXXXX

 

 

Old Address, XXXXXXXXXXX

 

 

 

 

Dear Sir/Madam

 

 

Please find enclosed my income and expenditure document, I am proposing to pay £5 per week, on a Tuesday when I receive my benefit, Could you please send me a payment card if this is acceptable.

 

 

I should of attended the courts on the 16th of November, I apologise for not attending.

Is there anything else I need to do ?

 

 

I enclose a £5 postal order with this letter

 

 

 

 

Yours truly,

 

 

 

 

And within the week they send us this letter without our postal order which was left Blank.

 

 

Dear Sir or Madam

 

 

Re: Fine acc No XXXXX

 

 

Due to your default in payment of the above penalty in time allowed, a distress warrant has now been issued and is in the hand of the Philips Bailiffs. I am therefor no longer in a position to accept payment from you. Full Payment of the above is payable direct to:

 

 

PHILLIPS

Telford House

Garden Street

Darlington

Co.Durham

DL1 1QP Telephone Number 0870 609 1554

 

 

 

 

The sum of £5.00 received from you today will be returned by way of cheque within the next 7 day.

 

 

(Why not just send us our postal order back)

 

 

 

 

Any I called the number and gave them all post codes over the last few months and they have nothing at the moment.

 

 

Is there anything we can do to avoid the first charge of £75 administration from them. I also asked about payment plan, and they said in full. I explained the Vulnerable persons thing from on here, he said how does unemployed make that so, and its our fault for missing the payments.

 

 

Could we just call the courts on Tuesday and Pay the amount in full about £90 or £95 I think.

 

 

Also he states after first visit it goes up £200 for the Bailiff call out.

 

 

 

 

Sorry for the long winded version, but with the facts in front of you, we are hoping you can advise what our next steps should be.

 

 

 

 

Thank you once again

 

 

Share this post


Link to post
Share on other sites

Hi,

 

I'm hoping someone will come up with a legal solution for you, but in the meantime I can tell you from personal experience what philips are like.

 

I have had to deal with Philips before, and believe me when I say you want to avoid them at all costs.

 

I would suggest paying in full to avoid them calling.

 

Their fees are higher than your fine, they refuse to accept installment offers, & they turn up at your door at least once a week (adding £50+ for each fine each visit - I had 2 so £100 per visit) add to that they telephone sometimes in excess of 6 times a day & send text messages threatening to call to remove goods.

 

then, if you do pay them anything.... it pays their fees first, then if there is anything left it pays off your fine.

 

seriously. you sound like you have enough problems, if you can afford to pay the fine before you get philips involved, do it.

 

:( hth


My fight so far:

 

hunni2006 V Halifax Bank: Charges £963.11 refunded nov 2006:D

Cabot financial V hunni2006: defending court summons, ongoing... July 09 :-x:-x:-x don't even get me started about them....grrr still battling

 

hunni2006 V Capital One: SA request & CCA issued, ongoing.. July 09 OC 'checking the archives...' Sept 09, no agreement, files closed!:D

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< please feel free to tip my scales if I've been helpful!

:DLearning more, every day.....

 

I have No legal training, any opinions and advice posted are entirely my own opinion, and based on life experiences and knowledge gained on this great site. Ultimately, what you do is up to you.

Share this post


Link to post
Share on other sites

Are you on Benefits, you may be able to ask the Court for a redetermination of how much you pay and that can be deducted at source. It may go against you as you missed your Court date. You can only try.

 

PT


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites
Are you on Benefits, you may be able to ask the Court for a redetermination of how much you pay and that can be deducted at source. It may go against you as you missed your Court date. You can only try.

 

PT

 

Yes we are on Benefits.

 

Missed date as was unaware, because we never had a letter, this was sent to the old address

Share this post


Link to post
Share on other sites

Hi there

 

Pay the TV License -- better still SLING the TV in the Bin for all the rubbish there's on it these days.

 

(Perhaps better not - you'll get done again by another lot of Council Jobsworths "Bin Quality Enforcement Officers" or something trumped up like that).

 

If you've got a Court date just explain to the magistrate that you can only afford xxxxx.

 

Mind you another example of Feudal Britain.

 

Crazy that you can potentially be sent to Prison in 21st century for not having a TV License or get a fine of 1,000 GBP -- especially when the BBC is supposed to be an "Independent Non State Owned corporation"). It's most unlikely that a Prison sentence will follow but it's SCANDALOUS it's even REMOTELY POSSIBLE for not paying a NON STATE OWNED COMPANY. You Won't go to jail for not paying Water / Gas / Electricity / Phone - they just cut you off -- IMO same should be with TV - Remove your TV.

 

Totally DISGUSTING when I've seen DRUNK DRIVERS and DRIVERS using MOBILE PHONES injure and KILL people who've got off with just a token fine - but don't start me down THAT track. :-x:-x

 

I don't know the exact law here with TV licenses - but even here I would probably bet on getting a MUCH better deal from a Court than the Bailiff's - especially if you can pay SOMETHING however small.

 

In my case - but I'm not SCARED of COURTS any more and if it were me I'd probably wait for an "Arrest Warrant" and turn up - explain to the magistrate that you never got the previous summons because you've moved -- you are on Benefits and willing to pay XXXX.

 

However YOU have to decide - because I've called the bluff on this type of Law and am getting a bit "Bolshie" about the whole process these days.

 

It's no problem -- You don't get taken away in Handcuff's like you see those people in America do and you go straight to Court -- no "Overnight Accomodation in one of Her Majesty's Hotels" either. Police are fine about the whole 'Biz and usually laugh the whole thing off IMO as they would much rather be doing REAL POLICING than acting as a Taxi Service for the BBC.

 

 

Whether they have a legal right or not I'd still do ALL I CAN to avoid having any contact with Bailiff's whatsoever -- Nasty people.

 

They only trade on people's FEAR and IGNORANCE.

At least the STOCK MARKET works on FEAR and GREED

 

Bailiff's IQ wouldn't even understand GREED - they just enjoy their pathetic little selves in Harrasing who they suspect to be people who can't do anything back.

 

 

Cheers

jimbo

Edited by jimbo45

Share this post


Link to post
Share on other sites
Hi there

 

Pay the TV License -- better still SLING the TV in the Bin for all the rubbish there's on it these days.

 

If you've got a Court date just explain to the magistrate that you can only afford xxxxx.

 

 

I don't know the exact law here with TV licenses - but even here I would probably bet on getting a MUCH better deal from a Court than the Bailiff's - especially if you can pay SOMETHING however small.

 

 

jimbo

 

No Court Date, as we were Unaware of it as it was sent to sister-in-laws Address.

 

I can get the £100 TO PAY IN FULL

 

But can I just call the court's and pay it?

Share this post


Link to post
Share on other sites
No Court Date, as we were Unaware of it as it was sent to sister-in-laws Address.

 

I can get the £100 TO PAY IN FULL

 

But can I just call the court's and pay it?

 

As you did not receive a copy of the original summons ( as your home had been repossessed) then it is a simple matter of completing a Statutory Declaration. This will CANCEL the fine and all enforcement will also cease. No bailiff fees are payable.

 

If you send me a PM I can sent a template to you.

  • Haha 1

Share this post


Link to post
Share on other sites

Sorry sully, only just seen this thread. That said, whatever tomtubby suggests follow.

Just for info your bailiffs are completely incorrect about the unemployed being in the 'vulnerable category'. Obviously they can't be bothered to read their own national guidelines.

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

The Ministry of Justice recommends vulnerable people to write to the appropriate magistrates court for a re-hearing.

 

Rae

Share this post


Link to post
Share on other sites
As you did not receive a copy of the original summons ( as your home had been repossessed) then it is a simple matter of completing a Statutory Declaration. This will CANCEL the fine and all enforcement will also cease. No bailiff fees are payable.

 

If you send me a PM I can sent a template to you.

 

Very Sorry for late reply.

 

 

Just so you are aware, This was the first letter we sent them, and of course after the matter was dealt with with started to pay.

 

Then repossessed and move into her sisters, The rest above is correct from there.

 

What do you need in the PM ?

 

 

Thanks for help.

 

 

Dear Sir/Madam

 

 

I am a mother with 4 dependant Children, XXXX, XXXXX, XXXX, and AXXXX

 

 

My husband works at the University of XXXXXX, and until recently was getting in excess of £1200 per month, the University has since realised that he and others were being over paid by some £200+ PM. This has now been stopped, plus an agreement of £40 pm to pay back the money owing,

You can contact a XXXX XXXXX from the wages department on 0XXXX-xxx-xxxx to verify if needed.

 

 

I have never attempted not to pay my TV Licence before, you can check this with TV Licence people, I have always paid quite regular, again you may check with them.

My circumstances around this and 2 other payment issue extend from when I was assaulted on the door step to my home, was OK firstly to carry on with everyday life but then things just when wrong with the charges against the person that assaulted me.

 

 

This brought me down and made me forgetful to say the least and I just use to rush out and do the basic shop etc. This then became a problem for my husband.

Who had to chase the police in to doing something about the Injuries I received via this vicious attack, and hopefully bring the person to justice, which eventually did not happen because of the officer in charge was found to be lying.

This has been proven and is not just an excuse to blame the police, I can produce to you a letter from the Investigating force proving my story.

 

 

That is now why the Council Tax plus arrears is coming out of his wages,

I know that all this is not a reason to miss paying for a TV Licence.

I have never been in a court or to a court; I have never been in any trouble.

 

 

I have never ever in my whole life felt so bad about going to a court and this is my reason for pleading guilty via post, I hope this does not mean I have a criminal record.

We have very little spare money now because I failed to pay £5 a week to a few bills; this has put us in arrears with them and my husband is trying his hardest to make ends meet.

Our Son Arron now attends senior school and has brought more expense as regards school meals and bus fares.

And finally my husband has written this letter for me and the last few words are his.

 

 

Sir/Madam,

 

 

There is no excuse to be here for non payment, I should of helped and checked things with my wife, I did see her go from a very Happy jolly person to being withdrawn and uncooperative, We have had help with the doctor now, and my wife is feeling so much better, but the issue of a police force that is here to help and protect us has somewhat knocked her confidence in asking for there assistance if ever needed again.

I personally could go on and on about the issues surrounding my wife, but this is not for argument here, I will draw a line here and hope that you give my wife a minimal fine with cost accrued, we will then make arrangements to pay, and then carry on with our fight for Justice for my wife.

Share this post


Link to post
Share on other sites

Thanks for all help so far.

 

Tomtubby your mail box is full.

 

 

 

The situation is as follows, I called the courts this morning explaining that we had not received the summons to this new address, and I offer to pay the amount in full over the phone now.

 

A young lady helped out when away from the phone for several minutes, I could here her colleague said that i should email bailiffs etc.

 

She came back and I said when was the warrant issued, she told me Friday, I then proceeded to tell her that they had our letter on Wednesday with income and expenditure and a Blank Postal Order.

 

But they want to send that back to us via a cheque, So why refuse it and then send to Bailiff?:evil:

 

I also said about the statutory declaration that Tomtubby mentioned, but I will pay in full.

 

 

I had to call back this afternoon to see if it was possible to do all this as she wanted further advice.

 

Well they have accepted payment over the phone by card and said they will email Bailiff and withdraw the distress warrant.

 

I have an acceptance number and her name.

 

So hopefully I am all sorted, if anything does occur later via bailiff I will get back to you bigokay.gif

Share this post


Link to post
Share on other sites

Good luck and fingers crossed.

 

PT

  • Haha 1

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

All as above,

 

Letter to courts dated 9/12/2009

 

There reply dated 10/12/2009

 

The courts obviously have our correct address as we had the reply to the address.

 

Still not had a £5 back yet either.

 

Anyways this was sent to the old address,Collected it ourselves today

 

Should I email them or call them and tell them it's paid in full

 

 

philipsbaliffs.jpg

Share this post


Link to post
Share on other sites

Just contact the court and ask how much the fine is and pay it. If its different from the amount on the bailiffs letter then get a receipt from the court cash office. You can have some fun with it later.

 

Do not volunteer new information such as your address, and do not contact the bailiff by telephone, he'll just keep calling at your old address & will evetually get bored and move on.

  • Haha 1

The next generation Nintendo Wii - the Nintendo Puu

Share this post


Link to post
Share on other sites
Just contact the court and ask how much the fine is and pay it. If its different from the amount on the bailiffs letter then get a receipt from the court cash office. You can have some fun with it later.

 

Do not volunteer new information such as your address, and do not contact the bailiff by telephone, he'll just keep calling at your old address & will evetually get bored and move on.

 

I have already PAID IN FULL on the 14th, I said that in post 10, I think

Share this post


Link to post
Share on other sites

Make a copy of the receipt and send it to the bailiff and keep a copy handy incase one turns up at your door. Do not open the door, hand it through a window and ask the bailiff to quietly leave the property.


The next generation Nintendo Wii - the Nintendo Puu

Share this post


Link to post
Share on other sites
Make a copy of the receipt and send it to the bailiff and keep a copy handy incase one turns up at your door. Do not open the door, hand it through a window and ask the bailiff to quietly leave the property.

 

Not had a receipt from the courts yet, Just a reference number, But I am sure it states court's or something like on our on line bank statement.

 

The Bailiff has the old address which is the sister in laws, and I certainly don't need the grief from that side of the family.

 

Also the courts should have given them our correct address as we we sent the first letter in, I gave them the address where offence was committed, and updated them with the other 2, as we were not trying to evade the fine.

 

So for us would be to get a copy of the amount paid via om line banking, also give them the Personal Number to the Lady at the courts, and the reference number, I also could do all this via email?

Share this post


Link to post
Share on other sites

You correctly mentioned to the court that you had been advised to file a Statutory Declaration ( because you had not received the summons due to a change of address) and I am certain that this would be the reason why the court agreed to recall the warrant and accept your payment of the FINE.

 

Normally, in all such cases that we see the courts will recall the warrant immediately. However, due to the Christmas period there could be a backlog and you should try to contact the court tomorrow (the court should be open).

 

It is without a doubt that you should send an short e-mail to Philips along the following lines:

 

Dear Sirs,

 

Reference Number:

 

I am writing with regards to the above account.

 

Could you please note that on 12th December 2009, xxx Magistrates Court accepted full payment of the above fine from me and agreed to recall the warrant from your company.

 

Their reason for this was because I had advised the court that I wished to file a Statutory Declaration because I had not received a copy of the original summons as it would appear that this had been sent to a previous address.

 

Could you please confirm safe receipt of this e-mail.

 

Yours sincerely.

Share this post


Link to post
Share on other sites

Cover your back, send it by post in addition to an email, and mark the top of the letter in bold

 

BY POST AND BY EMAIL.

 

Add this paragraph to the bottom of the letter, the bailiff cant say they didnt get your letter or claim to have have lost it.

 

This letter has been delivered by Royal Mail and I 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.


The next generation Nintendo Wii - the Nintendo Puu

Share this post


Link to post
Share on other sites

Thank you guys.

 

I sent the email as said by Tomtubby, I added 2 things to it

 

1/ I can supply a copy of payment via a bank statement

 

2/ Reference Number given for Receipt fo payment and name of person that dealt with it.

 

 

Nintendo Pü

 

I will also do as you have advised.

 

 

I also got the automatically generated email reply.

 

Hello,

 

This message has been automatically generated in response to your email.

 

We will try to reply to you as soon as possible but please allow 7-10 working days for a response.

 

Your email has been assigned a reference number of [Philips #xxxxx] and will be handled by a member of staff as soon as possible.

 

Please include [Philips #xxxxx] in the subject line of all future correspondence on this matter. To do so, you may reply to this message.

 

Thank you.

 

Philips

 

 

The 7-10 days makes me laugh, as you have 7 days to pay.

Edited by sully123
Removed Link

Share this post


Link to post
Share on other sites

sully if thats the real ref number edit/change it

  • Haha 1

NEVER FORGET

 

[sIGPIC][/sIGPIC]

 

Help Our Hero's Website

 

http://www.helpforheroes.org.uk/

 

HIGHWAY OF HEROES

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/181826-last-tribute-our-lads.html

 

Like Cooking ? check the Halogen Cooker thread

http://www.consumeractiongroup.co.uk/forum/bear-garden/218990-cooking-halogen-cookers.html

Share this post


Link to post
Share on other sites
I am certain that this would be the reason why the court agreed to recall the warrant and accept your payment of the FINE.

 

Normally, in all such cases that we see the courts will recall the warrant immediately. However, due to the Christmas period there could be a backlog and you should try to contact the court tomorrow (the court should be open).

 

It is without a doubt that you should send an short e-mail to Philips along the following lines:

 

Dear Sirs,

 

Reference Number:

 

I am writing with regards to the above account.

 

Could you please note that on 12th December 2009, xxx Magistrates Court accepted full payment of the above fine from me and agreed to recall the warrant from your company.

 

Their reason for this was because I had advised the court that I wished to file a Statutory Declaration because I had not received a copy of the original summons as it would appear that this had been sent to a previous address.

 

Could you please confirm safe receipt of this e-mail.

 

Yours sincerely.

 

 

Not sent a letter off yet, However I have spoken with the courts this morning, Spoke with the same person who dealt with this on the 14th, she has checked the system, and the email to withdraw was sent and the account is showing a nil balance

 

She is going to chase it up.

 

I shall wait and see if I hear anything from Philips now.

 

Will keep you updated

Share this post


Link to post
Share on other sites

I sent this as TomTubby advised

 

Dear Sirs,

 

Reference Number:

 

I am writing with regards to the above account.

 

Could you please note that on 12th December 2009, xxx Magistrates Court accepted full payment of the above fine from me and agreed to recall the warrant from your company.

 

Their reason for this was because I had advised the court that I wished to file a Statutory Declaration because I had not received a copy of the original summons as it would appear that this had been sent to a previous address.

 

Could you please confirm safe receipt of this e-mail.

 

Yours sincerely.

 

 

 

 

Sent the 28th, Called courts 29th

 

 

Received this, This morning, Is there anything that I should be doing now.

 

I like the wording > WE MUST ENFORCE

 

Many thanks for your recent e-mail.

 

Please know that until we receive notice of this from the courts, we must enforce this

warrant.

 

Regards

Philips

Share this post


Link to post
Share on other sites
I sent this as TomTubby advised

 

Dear Sirs,

 

Reference Number:

 

I am writing with regards to the above account.

 

Could you please note that on 12th December 2009, xxx Magistrates Court accepted full payment of the above fine from me and agreed to recall the warrant from your company.

 

Their reason for this was because I had advised the court that I wished to file a Statutory Declaration because I had not received a copy of the original summons as it would appear that this had been sent to a previous address.

 

Could you please confirm safe receipt of this e-mail.

 

Yours sincerely.

 

 

 

 

Sent the 28th, Called courts 29th

 

 

Received this, This morning, Is there anything that I should be doing now.

 

I like the wording > WE MUST ENFORCE

 

Many thanks for your recent e-mail.

 

Please know that until we receive notice of this from the courts, we must enforce this

warrant.

 

Regards

Philips

 

 

Please do keep us all up to date on what happens.

 

PS: Good news from the court that the balance is showing as Nil.

Share this post


Link to post
Share on other sites

 

 

Received this, This morning, Is there anything that I should be doing now.

 

I like the wording > WE MUST ENFORCE

 

Many thanks for your recent e-mail.

 

Please know that until we receive notice of this from the courts, we must enforce this

warrant.

 

Regards

Philips

 

If it were me I would now start keeping a diary which would record when I contact them by phone, letter or email - record any visits and make them aware that this is now all chargeable and you will expect payment from them within 7 days. Whilst what they say is true there is nothing to prevent them chasing the Court themselves.

 

PT

  • Haha 1

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites
If it were me I would now start keeping a diary which would record when I contact them by phone, letter or email - record any visits and make them aware that this is now all chargeable and you will expect payment from them within 7 days. Whilst what they say is true there is nothing to prevent them chasing the Court themselves.

 

PT

 

Thanks Ploddertom,

 

I have kept all notes, and emails on the exact times and names and calls of who I have spoken to.

 

I actually spoke with Philips,and they advise me to get in touch with the courts. This I did again

 

 

I explained to Philips that they should not be sending anyone out as I have paid in full, and can produce this if needed, and I owe them no money, and I will not be expected to pay any further charges if they call out, I also advised them to call the courts to check.

 

This I also confirmed by sending them an email

 

The Lady at the courts is quite disgusted with them as she clearly remembers sending them 2 emails, she will be chasing them again.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...