Phillp's Collecting on behlaf of Past Due Credit Solutions

[Rocketronnie]

Hi there i have currently been having problem's from the above party and would like some advice on it if possible.

 

I have now recieved 4 letter's from Phillip's and today someone knocked on the door and posted one hand delivered.

 

Which said-:

 

Notice of Attendance

 

You are hereby given formal notification that we have been instructed by our client to undertake recovery procedures against you for the above amount plus costs, where applicable.

 

We have today attended your premises to recover the amount outstanding.

 

You must pay immediately to prevent out officer(s) re-attending your premises to execute further recovery procedures.

 

Re-attendance to your premises may occur in furture without further notification and you may incur additional recovery charges for which you are liable to pay.

 

Payment should be made to blah blah....

 

Phillip's are collectiong the debt for PastDue Credit Solutions who are claiming money from Bskyb Ltd.

 

Now they say i owe £210 which to my recollection i can't remember owing.

 

What should be my next move as i igored to this point thinking that it would go away (stupidly) as i don't think i owe the amount above, i am also guessing from what i have read on this site that they can't remove my good's unless this goes to court?As they say they will return.

 

Any help would be greatly appreciated

 

Many thank's.

[Halibutt]

Send the letter saying you do not acknowledge/recognise the debt:

 

Name/Address:

 

Date:

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

You can also send them the no visits letter:

 

Dear Sir or Madam,

 

Account Ref xxxx

 

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/months 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.

 

In Scotland change the last paragraph to :-

There is only an implied license under Scots Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you attempt to send such a collector to my home, you will also be reported for harassment and I shall seek damages for a delict of trespass. You would also be liable for conspiring in a delict of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it be necessary, I will obtain an interdict from the Court to prevent you carrying out your threat.

Yours faithfully,

Do both by Royal Mail Recorded Delivery and don't sign either - simply print your name at the end.

[Rocketronnie]

Many thank's for the quick reply and ill send those 2 letter's tommorrow.

 

Also is this normal practice from Phillip's to try and scare monger yourself in to paying the debt as i am a tad worried incase they will arrive at my door wanting to removed good's.

 

Also who's name and address do i put at the top and do i also have to put Phillp's Refrence number on for them? This is about the first letter.

Edited July 14, 2010 by Rocketronnie

[Halibutt]

Rocketronnie - don't worry. Most of the DCAs are simply threatmongers.

 

No one can come to your property and remove goods unless a Court has agreed a CCJ against you and you have defaulted on that CCJ.

 

Any bailiff with any power would be Court Appointed and as you don't have a CCJ against you, you can quite happily tell anyone attempting a visit that you've sent the "No visits" letter and that they should leave your property immediately and simply close the door. Stay calm and polite at all times.

 

These threat monkeys are powerless without a Court ruling.

[Rocketronnie]

Yeah i have no letter stating that i have a CCJ against myself (I would have recieved something in writing?) just ofc these Phillip's Collection Service's like to put at the top of the letter Specialist Baliff maybe's to frighten you but they seem to do a good job at that.

 

I dare bet the monkey that delivered my letter does not actually work as part of the company itself.

[Halibutt]

Hi Ronnie,

 

As with any letter to a company, put Phillips' address in the template, but include your own above it on the right hand side.

 

The reference number should be whichever one Phillips quoted when they wrote to you. It's just their way of identifying your account on their system.

 

They may have quoted both a reference number and account number, in which case, you could put this in the reference line:

 

Ref: xxxxxx / Acc No: xxxxx

[Guest Cartaphilus]

Re-attendance to your premises may occur in furture without further notification and you may incur additional recovery charges for which you are liable to pay.

 

In other words, they are merely acting in the capacity of normal debt collectors here so ... could that be reported to someone for misrepresentation under the OFT guidelines and also misleading methods in order to make you think they are acting in the capacity of bailifs when clearly they don't have a court order?

2.2 Examples of unfair practices are as follows:

 

a. use of official looking documents intended or likely to mislead

debtors as to their status, for example, documents made to resemble court

claims.

 

b. leaving out or presenting information in such a way that it

creates a false or misleading impression or exploits debtors'

lack of knowledge eg making a charge per visit when as you already know they are purely acting as a DCA not a bailif without any kind of court orders or CCJs against you

 

c. those contacting debtors not making clear who they are, who

they work for, what their role is, what the purpose of the

contact is

 

d. unnecessary and unhelpful use of legal and technical language, for

example, use of Latin phrases

 

e. failing to provide debtors or creditors with information on status

of debts, for example, not providing requested balance statements when

reasonably requested

 

f. contacting debtors at unreasonable times

 

g. ignoring or disregarding debtors' legitimate wishes in respect

of when and where to contact them, for example, shift workers who

ask not to be telephoned during certain times of the day

 

h. asking or instructing debtors to make contact on premium rate

telephone numbers

 

Examples of unfair practices are as follows:

 

a. falsely implying or claiming authority, for example, claiming to work on

instructions from the courts (implying in their letter they can charge you each time they revisit), claiming to be bailiffs or, in Scotland,

sheriff officers or messenger-at-arms

 

 

 

just ofc these Phillip's Collection Service's like to put at the top of the letter Specialist Baliff maybe's to frighten you but they seem to do a good job at that.

 

Exactly, I've read a few threads/posts on here lately about this company sending letters like you've received and for ... mostly Sky debts.

 

HB has given you very good advice.

 

Let us know how you get on.

[Rocketronnie]

Yeah i'll follow HB's good advice i'll sent both letter's recorded post tomorrow.

 

As of Phillip's just been reading a few of the forum post's and people have thought the same they should not be allowed to put the word balliff's in there letter head if they are only collecting the debt as a DCA with no court order and the wording in the actual letter's lead's you to beleive that they will come abck and removal of good's (with out actually stating so).

 

Also a question i asked earler about a CCJ does the court actually have to conect you so you know you have a CCJ? Not very clued up on this legal stuff.

 

Thank's for all the help i have recieved and hopefully i will be able to sort this mess out.

 

Also thank's for putting my mind at ease .

[WelshMam2009]

I've had the exact same letters from Phillips and my stomach did a few backflips when I saw the Specialist Bailiffs stuff as I thought that they must have obtained a CCJ without me knowing.

 

I let them have their fun for a while and then sent them one "in dispute" letter. Never heard from them again and the account was passed back to the OC!!

[Halibutt]

If an Original Creditor or a DCA genuinely believes that they have a proper case in law against you for non payment of proved indebtedness, they can apply for a CCJ.

 

If they do, the Court will send notification papers to you, giving you time to respond and submit a defence, should you intend to do so.

 

Without a Court Order, DCAs are powerless apart from sending intimidating letters, etc.

[Rocketronnie]

I let them have their fun for a while and then sent them one "in dispute" letter. Never heard from them again and the account was passed back to the OC!!

 

So i am guessing that's the top letter that HB told me to send? I expect the same tbh lol

 

If an Original Creditor or a DCA genuinely believes that they have a proper case in law against you for non payment of proved indebtedness, they can apply for a CCJ.

 

If they do, the Court will send notification papers to you, giving you time to respond and submit a defence, should you intend to do so.

 

Without a Court Order, DCAs are powerless apart from sending intimidating letters, etc.

 

Yeah i understand now thank's for clearing that up so they is no way they have a CCJ against me as i have never received anything (put's my mind at ease).

 

So all they can do it try and scaremonger me in to paying like any other DCA.

[WelshMam2009]

So i am guessing that's the top letter that HB told me to send? I expect the same tbh lol

 

That's the letter!! The outcome will depend on the information that they hold but invariably, they have little of any substance at that level.

 

Best of luck with this!! ;-)

[Halibutt]

You'd know if you'd had Court papers Ronnie.

 

Best thing is to not allow yourself to be intimidated.

 

With the advice and help of people here, you'll be able to ensure that the whole matter is resolved on your terms.

[harrassed senior]

Have you moved home recently, as that is one way they 'sneak' in a CCJ by using a previous address.

 

You can check online to see if you have a CCJ:

 

CCJs, court orders & fines - Search yourself and others - Trust Online

[Rocketronnie]

Have you moved home recently, as that is one way they 'sneak' in a CCJ by using a previous address.

 

You can check online to see if you have a CCJ:

 

CCJs, court orders & fines - Search yourself and others - Trust Online

 

I moved home about 5 year's ago so dunno if that they would have sent to my old address?

 

Also it's been with another DCA so if it had a CCJ against it they would have claimed agaisnt it?

Edited July 14, 2010 by Rocketronnie

[dx100uk]

i'd be inclined to look at your cra file.

 

typical crap by philips

 

typical crap from past credit too.

 

NO sky debt has EVER gone to court,

 

its all hot air

 

you're on a phishing list, just ride it out.

 

dx

[cerberusalert]

Make a complaint to the Trading Standards via Consumer Direct Consumer Direct - Contact us

 

Phillips wear two hats, one as debt collectors and the other as Bailiffs. In this case they are inferring that they are acting as bailiffs and have the authority to do so... this is against OFT guidelines.

[Rocketronnie]

i'd be inclined to look at your cra file.

 

 

Sorry for being dumb not used to the abrev's what does cra mean?

[cerberusalert]

Credit file with the Credit Reference Agencies.

[Rocketronnie]

If i had a CCJ impossed surely i would have been contacted within these 5 and a half years i have lived at my current address?

 

Edit-: After reading through my 2nd letter i noticed this in a papagraph

 

If you ignore this demand for payment or fail to arrange a suitable repayment plan withn in seven days, Philips reserves the right to instruct our solicitors to recover the amounts outstanding on behalf of our client, or alternatively issue this case to one of our debt recovery agents to attend your premises to execute further recovery procedures.

 

So i guess that it's all scare tactic's?

Edited July 14, 2010 by Rocketronnie

[dx100uk]

exactly

you're on a phishing list hoping to scare you into paying before it goes statute barred.

 

totally ignore them.

 

if the pratt does turn up at your door

you now know they are toothless and have no legal right to do anything

 

either tell them to get off your land or you'll call the police

 

or tell him that WHEN you see a binding & signed contract by YOU and a bill claiming such, you might consider it ... till then ..fruke off.

 

bu the time they do that it WILL be SB'ED

 

there are 1000's of these old BskyB debts doing the rounds someone paid a penny for 10'000 delinquent contracts and are after fleecing people that know no better

 

ignore!!!

 

dx

[Rocketronnie]

So you think i should just totally ignore them and not even bother to send the letter's?

 

Ofc i know it's your advice just looking for opinion's

[dx100uk]

yep

 

they've had their 15mins fame.

 

now you know where you/them stand.

 

dx

[WelshMam2009]

So you think i should just totally ignore them and not even bother to send the letter's?

 

Ofc i know it's your advice just looking for opinion's

 

Because I have so many different creditors Ronnie, I am getting these types of letters, from all sorts of DCA's, on a regular basis.

 

I tend to ignore them for as long as I feel able.

 

I don't bother contacting them until either I am in a letter writing frame of mind or they have written something which is totally inaccurate and/or misleading. In respect of the latter, I will send off a complaint.

 

At the end of the day, you must do what you feel comfortable with, whether it be ignoring them or sending the "in dispute" letter. There's no right or wrong answer as we are all different and the prospect of a home visit, even as an empty threat, will worry some more than others.

[Rocketronnie]

Yeah thank's i understand what you mean.

 

I have already had a hand delivered letter and personally it does not bother me to tell them to get bend and get off my property just ofc i don't ant that to happen if i have people around my home for them to see it.

 

Just i am not actually sure if i owe this debt as i can't remember it so i don't know if it is worth sending the letter's.

 

I prob's think it maybe worth checking my credit report to see what is against me...Is creditexpert a good one to use as it is currenlty first 30 days for free and then i can cancel before i get charged?

 

Ronnie.