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Philips Specialist Bailiff threatening to clamp my dad's car

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Philips Specialist Bailiff's have been writing endlessly to my dad saying he owes electricity bill to EDF.

 

My dad does not owe them any money. I owed the money and paid the bill months ago.

 

I sent the below letter to Philips back in May 2010 but they seem to have ignored that and are still making threats, now saying that they will attend my dad's house.

 

Is there another letter I can send to stop this madness? Thanks

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Try this

 

Dear Sirs,

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully,

 

 

Good Luck


Dont let the parasite dca's prosper

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clamp a car for a civil debt

urm...

 

this is another caser of phillips illegally hinting they can use their bailiff powers unlawfully on a civil debt that has been nowhere near a court i bet?

 

how old is this debt?

 

hello guests..yes phillips we are on to your little [problem] of pretending to be able to use your bailiff powers when you are actually only acting as a DCA!!

 

.....

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks batman1956

 

dx100uk the debt is about 1yr old but i'm sure i paid it via online bank transfer.

 

I don't want my dad to have his car clamped. He's 75 & simply does not need all this nonsense going on

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please get out of your head they can clamp the car or do aNYTHING to you.

they CANNOT.

 

they are a DCA and DCA's have NO LEGAL POWERS

 

all they can do is sent threat-o-grams

if the bill is paid

 

ignore them.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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I will check my bills for the payment. But what if they do show up at my dad's house?

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Is there a county court jugdgment for this debt?

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No there is no ccj on this debt

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No there is no ccj on this debt

 

In that case Phillips are simply acting in the capacity of collectors and NOT bailiffs. Only communicate with them in writing and request their formal complaints procedure. The ycannot touch the vehicle, as others have already stated.

 

Also consider checking to ensure if this payment cleared.

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Blooming Pielips are very prevalent this month...

Time to take the wind out of their sails, have a look at reporting their unlawful practices here.

Department for Constitutional Affairs Website


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I will check my bills for the payment. But what if they do show up at my dad's house?

As said, no court order=no enforcement.

They are only acting as a DCA and as such have no powers. If they turn up tell them politely to pee off.

 

It is scary the tactics that have started to emerge lately. It didn't think it could get any lower.

Just because part of their company is a baillifs doesn't mean they can treat everyone like same.

Could you scan the letter? Trust me, I'll send it to the OFT.

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Also print off a copy of the letter that I posted and keep it handy. If they turn up give it to them and shut the door.


Dont let the parasite dca's prosper

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There is a bit of law which states that a bailiff CANNOT act as a common debt collector these firms ignore, Tomtubby should be able to help on that one...

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That got me thinking SG and trawling the net for the relevant info, unfortunately I ended up hurting my melon head and going boss eyed:roll:

 

All I could really find were the relevant bodies who police the enforcement agencies, and codes of practice.

 

I'll post up the links, it's a good read, and might help others.

 

Bailiffs and debt collectors (England and Wales only)

 

https://www.hceoa.org.uk/want-to-complain.php

 

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


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Found this at http://www.justice.gov.uk/publications/docs/tce_bill.pdf

 

Local authority employed enforcement agents and certificated bailiffs are subject to a certification process through the courts. They need to obtain this certificate before being allowed to enforce for numerous categories of debt, such as rent arrears, council tax arrears, non-domestic rate arrears and parking fines. To obtain their certificate, applicants need to satisfy the judge that they are a fit and proper person to hold a certificate, that they possess sufficient knowledge of the law of distress (the seizure of goods to pay for debts), and they are not engaged in the business of buying or selling debt. They must also lodge a monetary bond with the court by way of security. Complaints as to the fitness of a person to hold such a certificate are to be made to the court that issued said certificate.

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Philips tactics are well known; House of Commons Hansard Written Answers for 04 Dec 2007 (pt 0025)

 

Apparently they're not averse to breaching copyright law either;

SME Web - news, tips and information for small businesses in the UK | Companies nailed for illegal software

 

Yet they're still seen fit to hold a license. :rolleyes::eek:


Anthrax alert at debt collectors caused by box of doughnuts

 

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