Deseprate for Help - Philips Bailiffs

[Blue_Scholar]

Hi all

 

Really hoping someone can help me .. im really desperate ;-/

 

I wont bore you with the background but my Dad recently passed away and its been a troublesome time. I havnt been my usual self and have let a few things slip.

 

A few months ago i got a £90 fine for no MOT. It was the day before the test, and i shouldnt have driven the car but i did.

 

I couldnt pay the fine as we have been super broke, and like i said i havnt been myself so i ingored it / forgot about it / wallowed in self pity.

 

May 10th i was written to by Philips Bailiffs saying the debt was passed to them and it was now £165 ( £90 fine and £75 for their fees )

 

I called them May 18th and explained that i couldnt pay since i was extremely broke and we were struggling to even buy food. They wouldnt accept a small nominal payment to show willing, and i got frustrated and said i would call back.

 

June 14th i receive another letter from them ... the amount has gone up to £365 !!!

 

The relevent part of the letter reads

 

" Despite previous correspondence and an attendance to your premises you have failed to make suitable arrangements to discharge your arrears. YOur account will shortly be passed to our removal bailiffs for IMMEDIATE exectuion by way of the seizure and sale of goods to clear the arrears you have failed to pay "

 

So i phone them up, and say that no bailiff has attended my property. They claim a bailiff attended June 7th at 4.30pm ... well we were in all day on that day, i know for a fact as it was the anniversary of my wife's brothers death, and i know we were here all day. No one knocked at the door or rang the doorbell, and no card of any kind was left.

 

I told them this on the phone and they said a bailiff definately attended. The guy on the phone actually said " oh he will have only knkcoed once cos he has a lot of houses to cover " !!!! .. i also told them definately no card was put through my door, and the guy said " it was probably just a scrap of paper " !!!!!!!!

 

£200 fees added on for that ? and i question if they are making this up!

 

I told them that fair enough i know i have to pay the £90, that is my debt and im responsible for it .. i think i would even pay the extra £75 taking it to £165, but to add £200 on for a phantom bailiff visit seems insane and exessive ... how is this meant to help someone clearly in a terrible financial position ?

 

I argued for ages with the guy .. he said the only way he could put a hold on the account and thus stop it incurring further charges was if i paid something on my debit card, which i told him i couldndt do.

 

I told him i would get back to them within 48 hours, thinking i would do some research before getting back in touch.

 

I just received some amazing help a year ago through this forum, and im really hoping someone can advice me of my rights and best way to proceed please.

 

Thanks in advance x

[RaeUK]

Hi Blue Scholar,

I note your bereavement and wondered how long ago that now is? Also, you're broke. Is there any particular reason? Just curious...

Best wishes

Rae

[Blue_Scholar]

Hi thanks for the reply.

 

My Dad actually passed before christmas but it has affected me terribly.

 

I am broke for a number of reasons .. my ( fairly large ) business went bust last year and i lost everything, my house, my car, the kitchen sink .. just havnt recovered from that really

 

I cant stay down forever but it has been a challenging time to say the least

[RaeUK]

Not a fun time that's for sure! Are you on benefits at all? How's the family health?

Best wishes

Rae

[Blue_Scholar]

Yes i am on benefits sadly after only having ever claimed them for 2 weeks twelve years ago. My health hasnt been great. A Year before the company went bust my doctor diagnosed me with acute stress, which causes me to break out in shingles when it gets really bad .. i say break out, it has happened to me twice in the last 18 months and its embarassing and horrible.

 

My doc advised me to take at least 3 months off work but i couldnt at the time as the company needed me.

[RaeUK]

Shingles - yuk! That is not a pleasant thing to get. I know!

I'm not sure - obviously - what benefits you're on. Income based JSA or ESA? Either is usefull.

 

The National Standards for Enforcement Agents would probably class you as being vulnerable:

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

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.

 

I've highlighted 'seriously ill' purely as illustrative if you're still seeing a GP or other NHS Healthcare professional for treatment. The list isn't exhaustive, are there any other boxes you tick?

 

Don't be ashamed of being in receipt of State benefits. You've paid for them and we cannot always have control of our circumstances.

 

I would suggest you write to the relevant court detailing your vulnerable status and include proof of benefits and supporting evidence from your GP if appropriate. Request a re-hearing on the basis that the court is not aware of your personal circumstances. Including an income / outgoings statement will do no harm either. Copy to the bailiffs.

 

Philips Collections Services [assuming these are who you are dealing with] are members of the Enforcement Services Association whose Code of Practice (section 2) states clearly that members must abide by the National Standards for Enforcement Agents...

 

Best wishes

Rae

[JC101]

Hi - Philips are known to make up visits - phone Westminster council, speak to Mr Watssman in customer relations. Tell him Philips are claiming a visit to your property, when in fact you know this didn't happen. Tell him you know this is not the first case he will have heard, and if they don't put the case on hold, you will hold them liable. Tell Philips you want exact details of the visits - time, dates, information on your door colour, did they knock/ring etc.. - you are bound to get them on one of those things. I did - they had the wrong door colour for my house. They may charge you £10 for the privilege, get that sent recorded delivery, they lost my first tenner. Make sure you record all emails you send to Philips, and make sure you tell Westminster you're in dispute until Philips send you the requested information.