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fork-it

Is Philips chasing a date that is statute barred?

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I cleared a property for a new tenant and in the post was several near identical letters with the dame date for the same addressee but showing slightly different amounts. This is one such letter:

 

 

 

philips.JPG

 

Looking at the missing date, the debt would appear statute barred and Philips is trying to conceal it by omission, would anyone else agree? I am looking at Section 3 of the Fraud Act 2006.

 

The letter contains the words "bailiff", is Philips intentionally misrepresenting itself to be acting in the capacity with power of bailiffs with a view to mislead a debtor. Im looking at Section 2 of the Fraud act 2006.

 

The tenant whom its addressed to knows nothing about any of these alleged debts, (and didn't seem too concerned about them either!). The tenant received debt letters about them several years ago but ignored them because there has never been any such debt and none of them show on a credit report.

 

Lets have a show of hands, should I hand them over to the police? Passing it off a civil matter would be difficult given the legislative position.


Professional property investor and conveyancer

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I cleared a property for a new tenant and in the post was several near identical letters with the dame date for the same addressee but showing slightly different amounts. This is one such letter:

 

 

 

philips.JPG

 

Looking at the missing date, the debt would appear statute barred and Philips is trying to conceal it by omission, would anyone else agree? Where is the missing date and how long ago is it? I am looking at Section 3 of the Fraud Act 2006.

 

The letter contains the words "bailiff", is Philips intentionally misrepresenting itself to be acting in the capacity with power of bailiffs with a view to mislead a debtor. Im looking at Section 2 of the Fraud act 2006. The only mention of Bailiff I see is their corporate heading, the body of the message makes no mention, if the recipient chooses to think that then so be it - in reality they have done nothing wrong.

The tenant whom its addressed to knows nothing about any of these alleged debts, (and didn't seem too concerned about them either!). The tenant received debt letters about them several years ago but ignored them because there has never been any such debt and none of them show on a credit report.

If the tenant knows nothing then they should contact Phillips and deny all knowledge or ask them to prove it.

Lets have a show of hands, should I hand them over to the police? Honestly don't think you would get anywhere. Passing it off a civil matter would be difficult given the legislative position.

 

PT


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Who is name on the address, is it the tenant? Is it you? Is it some random person that used to live there?

 

I couldn't see the date to see if SB!!


My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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Hi there

if it wasn't MY debt then I'd just tell them to go and Foxtrot Oscar unless you suspect they have done some "messing about" with legal paperwork - seems like Photoshop is a necessary skill for Bailiff companies and DCA's alike these days - and because of the irregularities you want to sting them.

 

My own view on this is that if it's YOUR debt try and get them done for Fraud, otherwise just give them the proverbial 2 fingers and tell them to Foxtrot Oscar.

 

Cheers

jimbo

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Who is name on the address, is it the tenant? Is it you? Is it some random person that used to live there?

 

I couldn't see the date to see if SB!!

 

Sorry, Should have mentioned, the name was a former tenant.

 

The date is circa 1998, it was on a previous document received by the former tenant while living there.


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Hi there

if it wasn't MY debt then I'd just tell them to go and Foxtrot Oscar unless you suspect they have done some "messing about" with legal paperwork - seems like Photoshop is a necessary skill for Bailiff companies and DCA's alike these days -

 

I dont think the letter is a fake, the headed paper looks genuine and google does say there is a bailiffs called Philips and its the same firm I had trouble with in another rental property. I also have a copy of a contract from HMCS which they collect unpaid fines, they took my furniture to 'recover' their fee only to discover they were not entitled to charge the fee to the debtor - the contract allows it to be deducted from the fine before paying the balance to court. I recovered the replacement cost of the furniture and loss of rental income via court.

 

I suspect in this case, Philips are paid to run a mailing list of old debts on 'bailiff' letterhead to see if it trumps up the goods.


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If the tenant knows nothing then they should contact Phillips and deny all knowledge or ask them to prove it.

 

The tenant thinks ignore it until receives a court document then apply for set-aside statute barred and no service on the defendant.

 

Honestly don't think you would get anywhere.

 

 

Your probably right, tenant thinks the same, all letters binned.


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Philips act as debt recovery agents as well as bailiffs, they use this headed paper to make the debtor think that the bailiffs are involved, when in fact they are not. Scare tactics.

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It is important to be aware that with regards to a debt being STATUTE BARRED, there will need to be NO contact or payments made for the past 6 years.

If for instance a person had stopped making payments three years ago and no correspondence had been sent, then a further 3 YEARS needs to pass without contact before it can be considered statute barred.

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there will need to be NO contact or payments made for the past 6 years.

 

Not quite true: The law: Limitation Act 1980

 

An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued

 

The tenant said course of action accrued in 1998. Next communicaiton was feb 2010, then the above letter August 2010.


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