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Phoenix trying to get more money from me ?


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Hello all

 

To cut a long story short. I ended up owing Pendle council 72 pounds for council tax that i was unaware of. They did write to me at a previous address but i wasn't aware of it.

 

Anyways, had a letter or 2 from phoenix the last being dated 27 Aug saying i owed 194.64 and that a bailiff was going to call. I rang them and council to see what was happening and had all explained to me.

 

Today a bailiff (although he inst on the certificated bailiff register) called with a notice of bailiff having visited stating i owed 353.64.

 

I promptly told him to sling his hook and hit the phones. Phoenix wouldn't speak to me at all and said i needed to speak to the bailiff and put the phone down on me. So i rang him and he claimed the extra 159 pounds was for previous visits (which never happened) back in July, i pointed out that even if said visits had occurred then it would make no difference as i had a bill from August 27th stating the amount was 194.64. He flatly refused to clarify why or where the extra money on the hand written form he gave me came from, and stated that he had noted the account to be passed back to phoenix and they would speak to me tomorrow.

 

Smelling a rat i rang the council to clarify some of the figures, they clarified that the original amount was 72 pounds plus 80 for the liability order so i guess the extra 40 quid or so was phoenix charges making the 194. They also checked my account on phoenix website and that indeed showed the amount the guy was supposed to collect was indeed 194.64 owing as of today. So where this extra 159 pounds has come from is anyones guess.

 

Has anyone else had this before ?

Am i correct in thinking that maybe this guy added the extra with a view to pocketing it if i had paid him in cash ?

Any thoughts or advice before i contact them tomorrow would be great

 

Original bill 72.14

Liability order 80.00

First alleged visit 24.50 (im guessing)

Second alleged visit 18.00 (im guessing)

 

Total 194.64 as outlined in original letter dated 27th Aug (and all other letters)

 

Bailiff amount requested 353.64 ??? Balance of 159 ?

 

Possibly trying to state they have levied against goods ?

Edited by DismayedAtItAll
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first thing to do is phone

Ministry of Justice Public Register of bailiffs
link3.giflink3.gif
on 020 3334 6355 the register is not always 100% correct

give them his name the date of the visits and the name of the bailiff company he must be certificated to collect this debt

Edited by maroondevo52
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Hi, DismayedAtItAll.

 

I have changed the Title of your thread.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

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It would appear that Phoenix are atatempting to charge an "enforcment fee" to your account of £150. There is no such fee as this in the statutory regualtions, and in reality this is a REMOVAL fee. HOWEVER, such a charges cannot be applied UNLESS the bailiff has previosuly levied upon goods.

 

I would suggest writing a letter of compaint to the council and paying them £159. Normally, all payment should be made to the bailiff but in cases where there are serious concerns as to the charges, I cannot see any reason why the payment should not go to the council. HOWEVER, you MUST ensure that they allocate the payment to the arrears and NOT to this years account.

 

With council tax, all payments received from debtors must first be applied towards bailiff fees and therefore, if you pay this money to Phoenix it will be taken by them against their alledged fees.

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No levy has been made previously, truth is it is the first time they have ever been even though they are claiming they have been twice. Why pay the council the 159 ? ... The council themselves yesterday checked the balance owing at it was 194.64 on phonexi's own website when the lady from the council logged in to check . DO you mean pay the council the 194 ?

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Update

 

The register at the ministry say he isn't certificated but they maintain he is.

 

They claim the extra 159 would have been for attendance, walk in possession etc had i allowed him into the property. So my next call is to the council to see if i can pay them directly as i have concerns regarding phoenix fees

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You need to apply to the bailiff company a copy of the certificate, they have to send you a copy. If he is not certificated then he cannot make any charges. Tell the council he was not certificated and tell them to ring up and find out for themselves if they do not believe you.

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Update

 

The register at the ministry say he isn't certificated but they maintain he is.

did you ask phoenix what court he was certificated at and on what date

 

They claim the extra 159 would have been for attendance, walk in possession

 

had i allowed him into the property.

are saying that because you did not let him in and he did not get a walking possession you have been charged this fee

 

So my next call is to the council to see if i can pay them directly as i have concerns regarding phoenix fees

 

its not very often the council let you pay direct and you are right to have some concerns regarding phoenix fees

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The bill the guy handed me was for 353.. Phoenix say this is what would have been due if i had allowed him into the property, the extra 159 made up of walk in possession fee, levy fee, attendance of van fee etc etc BUT these fees would only have been due had i allowed him to enter the property. However the bill doesn't state this it simply says i owe 353.... Bottom line seems that they have tried to add illegally fees that were not actually due, bit like me billing someone for the purchase of my car just in case they buy it. Ive been onto the council and they are looking into it with a view to recalling the debt from phoenix, may have something to do with me threatening them to go to the local papers if they don't for using a company that has somewhat shady to say the least collection practices, and that seeing as the council now know that phoenix have employed illegal methods with me that they are in effect condoning illegal collection methods . Ive now got to wait for the council to ring back.

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The bill the guy handed me was for 353.. Phoenix say this is what would have been due if i had allowed him into the property, the extra 159 made up of walk in possession fee, levy fee, attendance of van fee etc etc BUT these fees would only have been due had i allowed him to enter the property. However the bill doesn't state this it simply says i owe 353.... Bottom line seems that they have tried to add illegally fees that were not actually due, bit like me billing someone for the purchase of my car just in case they buy it. Ive been onto the council and they are looking into it with a view to recalling the debt from phoenix, may have something to do with me threatening them to go to the local papers if they don't for using a company that has somewhat shady to say the least collection practices, and that seeing as the council now know that phoenix have employed illegal methods with me that they are in effect condoning illegal collection methods . Ive now got to wait for the council to ring back.

 

 

good for you well done :whoo:

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