Phillips Bailiffs urgent help required.

[beetlebum]

Help.

I got a ticket because my MOT was out by 2 days (anpr cameras dont you love them)

To cut a long story short id lost my job and struggled to pay the fine as i was in arrears on my mortgage at the time. i was on to the last payment on the agreement with the court and i had a head on car crash and was unable to pay on time.

A distress warrant was issued to phillips bailiffs who gave me a barcode on the letter with which to pay. i tried to use this and the barcode wasnt working so i rang the automated line and a new barcode was requested.

(none was sent) the day after my request a hand delivered letter came through my letterbox and an extra 200 pounds added to my bill.

I rang the company and explained that it was unfair to send a bailiff within 24 hours of sending me a new barcode to pay them with(the telephonist confirmed that the new barcode was sent on the 9th and the hand delivered letter is dated the 10th.

the key thing is though the distress warrant and subsequent letters sent by the bailiffs have my surname spelt wrong (one letter wrong at the end of the surname)

i have paid the 125 pounds requested originally where do i stand ?

should i pay the extra 200 and try to claim it back through the small calims court or refuse to pay ??

[dx100uk]

they cannot charge £200 for one visit!

 

fleecers.

 

send them this:

 

Send the Bailiff the following - adapt to your own needs and send by email & letter:

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account. Can you please provide me with a Statement of my account including Computer Screenshot. This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. I also require the name of the attending Bailiff and the name of the Court he was Certificated at. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

 

dx

[tomtubby]

they cannot charge £200 for one visit!

 

fleecers.

 

send them this:

 

Send the Bailiff the following - adapt to your own needs and send by email & letter:

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account. Can you please provide me with a Statement of my account including Computer Screenshot. This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. I also require the name of the attending Bailiff and the name of the Court he was Certificated at. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

 

dx

 

 

 

Just to confirm..the fees are CORRECT.

 

Philips Ltd ( and Marston Group) have contracts with HMCS and the courts have agreed the fees which you have stated.

 

In your case, because a new pin number had been requested, then it is almost certainly the case that a bailiff SHOULD NOT have visited you the following day.

 

I would threaten that you will be looking at making a Formal Complaint.

[dx100uk]

twice in one w/end

i ain't doing good this week:D

 

thanks tt

 

dx

[tomtubby]

twice in one w/end

i ain't doing good this week:D

 

thanks tt

 

dx

 

My pleasure ....

[beetlebum]

Hello thanks for the advice.

Philips have been sent a dpa request and formal notification of the dispute. They are sending me repeated sms messages even though I've withdrawn my consent to use my num(the first time I called them they wouldn't talk unless I provided a phone number)

They are still threatening a bailif visit even though I thought the 200 pound charge was for a bailiff attending ? Should I make a statutory declaration stating that no goods belonging to the (incorrect named ) person on the original distress warrant ?

[beetlebum]

Hello thanks for the advice.

Philips have been sent a dpa request and formal notification of the dispute. They are sending me repeated sms messages even though I've withdrawn my consent to use my num(the first time I called them they wouldn't talk unless I provided a phone number)

They are still threatening a bailif visit even though I thought the 200 pound charge was for a bailiff attending ? Should I make a statutory declaration stating that no goods belonging to the (incorrect named ) person on the original distress warrant ?

[ploddertom]

Hello thanks for the advice.

Philips have been sent a dpa request and formal notification of the dispute. They are sending me repeated sms messages even though I've withdrawn my consent to use my num(the first time I called them they wouldn't talk unless I provided a phone number)

They are still threatening a bailif visit even though I thought the 200 pound charge was for a bailiff attending ? Should I make a statutory declaration stating that no goods belonging to the (incorrect named ) person on the original distress warrant ?

 

On the basis of probabilities the slight mis-spelling of your name will be overlooked however if you were called White and the docs were addressed to Black then that is a different matter whereas White and Whyte would be accepted to be the same.

 

PT

[beetlebum]

Right I've decided to pay them the charges and then reclaim them through the small claims court. How should I word it that I am paying only to prevent further charges not as acceptance of those charges. ? I'm going to fill in a county court claim for the charges the dpa request cost and the cost of all my phone calls , anything else I could hit them for?

[Zamzara]

I know others disagree on this, but I still maintain that once the original amount on the warrant is paid the right to levy distress for the fees alone is lost. They do not exist as a debt: JBW v Westminster:

 

The warrant is then supplied to a certificated bailiff for enforcement. The bailiff begins the process by writing a letter as provided for in the first item in the charges schedule. He may then take possession of goods. If the debtor continues not to pay, his goods are sold and the fine and the charges which have accrued are collected in that way. The only way in which the charges can be recovered is through voluntary payment by the debtor or by sale of his goods. They become payable but are not a debt like other debts. In re Long, ex parte Cuddeford (1888) 20 QBD 316 a judgment debtor sought to add the costs of an abortive execution to the judgment debt to reach the £50 necessary to support a petition for bankruptcy. It was held he could not do so. Lord Esher MR relied on the case of The Marquis of Salisbury v Ray (1860) 8 CB(NS) 193, but that case is not helpful here, I think, as it turned on whether under section 123 of the Common Law Procedure Act 1852 the expenses of a previous execution by fi. fa. could be added to those of an execution by ca.sa., it being held they could not. But Fry LJ stated:

"It seems to me that these costs can only be recovered out of a particular fund, viz., the fruits of the particular execution, and that the debtor is under no personal liability for them."

Thus the bailiff gets paid only through the process of execution: if he becomes entitled to charge fees, but does not continue with the execution process, he will not recover them and he cannot sue the debtor for them.