phillips ...... HELP PLEASE

[decky75]

Hi all i have recieved a letter today from phillips for a unpaid court fine for no tv license for 2 weeks.

the fine originally was for £100 which i had paid £20, phillips have sent letter asking for £165 i have asked them what the costs were they have said for proccessing and other costs. i have also been advise that they will be sending someone to collect goods with a van which will cost me £200 if not paid within 7 days...they have said they have a warrant from the courts to enter my house with force if necessary is this true.....

 

the letter opens with this sentence..

 

your outstanding account has been included as part of operation crackdown,her majesty's courts service national campaign targetting fine defaulters.

 

and at the bottom it says...

 

our removal baliffs have the power to enter your premise, by force if necessary,to execute warrants as per sch4a magistartes court act 1980 as inserted by schdvcd act 2004..

 

 

i am a little worried about this as the way they word things are quiet scarry.i know abit about the cost with a normal baliff but not to sure in this case.

are they allowed to charge costs for just taking on the debt which is what the guy from phillips has said..

this is the first letter i have recieved ..however i have recieved many text message on my house phone for me to call them..

please can someone help or advise

thanks in advance

[fork-it]

There is an official advice on bailiffs and court fees: http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf On page 3 under Magistrates courts. It says …are not allowed to charge you more than the amount you are fined.

 

The advisory says there is an agreed scale of fees which bailiffs can charge, however that is by way of a contract between HMCS and the bailiff. There is nothing in that contract that says it can be charged to the debtor, and in any event, there is no contract (or court order) obligating the debtor to pay any fees. The HMCS contract allows the bailiff to deduct the fee from the fine collected and the balance is paid to HMCS.

 

In short, you dont need to pay the bailiffs fees. Only the fine.

[Tingy]

This is what I've found out:

 

All bailiff fees (with the exception of magistrates' court bailiffs) can be looked at by the county court to see if they are reasonable or excessive. This is known as 'detailed assessment'. If you think that the bailiff's fees are excessive you should get further advice about this.

 

How you're supposed to find out about magistrate court fines I don't kow. I'm sure someone will be along soon who can help.

[decky75]

hi thanks for the advice guys

can someone explain what a distress warrant is and how do i find out if there is one before they knock on the door.

if they do knock and they have one do i have to let them in...

thanks

[Tingy]

Found this - hope it helps:

 

“A person executing a Warrant of Distress must either show the warrant to the person against whom the distress is levied, or state where and how it can be inspected. • It is not essential that the warrant be in the possession of the person executing it at the time of execution.

 

• He must explain, in ordinary language, the sum for which distress is levied and the reason for the distress.

• He must show documentary proof of his identity.

• A civilian enforcement officer or approved enforcement agency (or employee, partner or director thereof) must provide a written statement of their and their employer’s identities and authority to a person against whom they execute a warrant”

Another very important point concerning the warrant is that for Distress Warrants and Financial Arrest Warrants, the relevant contracts provide that where the bailiff has failed to make contact with you on a first visit (which of course attracts a fee!!), he is required to put through your letterbox, a letter with the time and date of his visit. He must also make a note of this letter on the Warrant (which will be in his possession) and to include on the warrant also: “any identifying marks of the address”…such as the “specific colour of the door” as proof that he made the visit!!!! This is most important when checking the bailiff’s fees.

If the bailiff either refuses to provide you with a copy of the Warrant or to let you see the Warrant, our advice, would be to write a letter immediately to the Court Manager at the Magistrates Court to complain. Please ensure that you keep a copy of your letter and remember to send it by Registered mail.

We frequently hear from individuals that bailiffs have refused to show the distress warrant. If the warrant is in order, we cannot think of a suitable reason for withholding this vital document.

 

 

 

 

 

As I understand things, the only people who can force entry are HMRC for taxes. Not only do you not have to let them in, you shouldn't let them in. Lock the doors and windows. If unlocked they have every right to walk through the door or climb through an open window. Once they have gained peaceful entry once, they can force their way in any other time, so don't let them in.

[decky75]

so even though it's a court fine that they are seeking i still don't have to let them in is this correct..

thanks

[Tingy]

That is my understanding. Someone will soon correct me if I'm wrong.

 

Think I'm wrong! Trying to look it up, but internet playing up!

[Tingy]

Bailiffs recovering unpaid magistrates' court fines, however, do have the power to force entry, but this is always a last resort.

 

taken from:

 

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10034289

[decky75]

just a quick up date i have recentley sent phillips for a breakdown on the costs and again they came back with.....

£75 for taking the case and not only that in there reply they have now added..£200 for a baliff to be put on the case however i have not seen this baliff yet this is just for being assigned to the case

is this allowed,,,,please help the bill now stands at £365 minus £10 i paid last week..i have only recieved 1 letter loads of text messages on my home phone and no visits at all......hhheeeelllllpppp

[Tingy]

I don't know for sure, but I'd be very surprised if they are allowed to charge £200 to assign a bailiff to you. My understanding is they can only charge for what the bailiffs do, not foor assigning them to a case.

[ploddertom]

http://www.philipscollectionservices.org.uk/fees.asp

 

There is an argument as to whether these can be charged.

 

PT

[decky75]

thanks for the advice who shold i contact about this to get it sorted as phillips refuse to talk about the fees over the phone you just cant get a conversation out of them they are very abrupt and blunt..

[Tingy]

As long has nothing has been physically removed Post 2 would seem to apply. Have a read of page 3, it's quite clear and comes direct from the court. Failing that my post says seek further advice if you think they're unfair. Either ask here or pop into CAB.

 

Hopefully post 2 is right and you can quote this to the bailiffs. Maybe worth phoning the court first to check it's correct.