Literally Worried Sick Over Philips Notice Of Distress Warrent!

[Clairebearx]

Hi everyone,

 

Hopefully someone can help me with this as it's really upsetting me. My boyfriend and i got back yesterday after being away for 3 days and found 2 letters for him from 'Philips'. They say they have been instructed by someone called North East London after a non-payment of a magistrates court fee and have sent us a 'Notice Of Distress Warrant'. My boyfriend called Philips immediately as he has no idea what this could be about. Philip's said it's something from 2008 but they didn't know what the fine was for and we would have to contact the courts to find out but in the meantime don't be surprised if a bailiff came calling that night or tonight. This in itself scares me as he's off working away for a couple of days I'm alone in the house and Philips told him that they can force entry whether we liked it or not!!!!

 

Also the two letters received are absolutely identical apart from the money that's owed. One letter states £352.50 and the second £427.50. These came within 3 days of each other so he asked why the price was different and they said its a £75 charge for sending out the first letter!! Does this mean we'll get another letter charging us £75 for the second letter, then another £75 for that letter and so on, can they do that because where would it stop?!

 

He's been trying to contact the courts today to at least see what its for etc but were having no luck getting through, he'll keep trying.

 

I feel sick to the stomach and can't stop worrying. What if they come round and force entry while i'm here alone? I'm currently seeking care for depression and i can't tell you how sick this is making me.

 

Please any advice at all would be appreciated.

[rebel11]

Hi claire

 

Welcome to CAG

 

The guys will advise you as soon as they are available.

[hallowitch]

There has been a few post lately about Philip's collecting old fines

they do have the power to force entry but don't worry about it is very very seldom happens don't answer the door to them until you get this sorted

get your boyfriend to find out what court it is then go to a solicitor and get a this statutory declaration done send(recorded delivery ) or take it to the court

 

 

 

MAGISTRATE COURT FINES. Template of a Statutory Declaration.

With so many queries being posted on CAG concerning unpaid Magistrate Court FINES I am providing a Template of a Statutory Declaration.

 

Only 3 companies can enforce these fines; Marston Group, Philips and Swift (Wales).

 

The problem that is occuring very often is that many of these FINES have been issued in somebody's absence long after that person has moved home and the first time that they know of the offence was when they have received a visit from a bailiff

.

 

In the main these FINES are commonly for the following:

 

Using a TV without a Licence.

 

Driving without valid insurance

 

Driving without valid Road Fund Licence.

 

Failure to provide driver details

 

Driving whilst using a Mobile Phone.

 

......................... ......

 

If you were unaware of the fine being issued or correspondence had gone to a previous address, then the ONLY way to get this debt away from the bailiff and returned to the court is by way of a Statutory Declaration.

 

This will need to be sworn in front of a solicitor and this should cost just £5. The Statutory Declaration must then be either faxed to the Magistrates Court where the fine originated from or taken there in person.

 

The bailiff MUST then withdraw all enforcement.

 

The following is a template Statutory Declaration.

 

 

I:

Ms Smith of: 1, The Street, Anytown, Anywhere. Post Code.

 

DO SOLEMNLY AND SINCERELY DECLARE THAT:

 

I had no prior knowledge of any correspondence from xxxx Magistrates Court following an offence on

(enter date)

for

(enter offence

ie; exceeding the speed limit). From information provided to me today by the Magistrates Court I am informed that a hearing for this matter was held in my absence where I was fined

(enter amount)

with costs of

(enter amount)

and that (ie; my licence was endorsed with three points).The reference number for this case is:

(enter case number)

 

AND

THAT:

 

Notification of this fine first came to my attention on

(enter date)

when a bailiff from Martson Group Ltd came to my home and gave a letter to my mother. This letter stated that he was in possession of a distress

Warrant dated

(enter date)

and that he required a sum of

(enter amount)

within 3 days failing which he would return with a locksmith.

 

I would like to advise the Court that I am suffering from

(enter health problems

if any).

In addition, I am receiving medication for ie;

(severe depression etc)

and have been under the care of a counsellor.

 

My financial position is that I am in arrears with my mortgage and I am in discussions with my electricity and gas provider as I am currently facing disconnection. I also have arrears with credit cards and loans.

 

I genuinely do not remember receiving documentation concerning this fine.

 

I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.

 

DECLARED AT:

 

SIGNED:

 

DATE:

 

Before me:

 

 

Solicitor/Commissioner for Oaths:

 

[wonkeydonkey]

Hi Clairebear

 

Do not make yourself ill with worry over this, if you read through other posts you will quickly see what a bailiff can do and what a bailiff cannot do, and also what a bailiff "thinks" he can do. It will not take you long to realise a lot of these bailiffs live in a "fantasy world"

This sounds like a fine for a motoring offence, if you have no knowledge of this the chances are they have been sending everything to a previous address.

When you get confirmation from the Court what the fine is for you still have time to set everything to rights. Post back here and the caggers will set you on the right road to sort this out.

 

WD

[wonkeydonkey]

There you go .....Hallow to the rescue..you are in good hands Clairebear.

[hallowitch]

have a read of this these posters are in the same position as your boyfriend

 

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?296252-Notice-of-Distress-Warrant-Philips-Debt-Recovery-Bailiffs(1-Viewing)-nbsp

[tomtubby]

Hi everyone,

 

Hopefully someone can help me with this as it's really upsetting me. My boyfriend and i got back yesterday after being away for 3 days and found 2 letters for him from 'Philips'. They say they have been instructed by someone called North East London after a non-payment of a magistrates court fee and have sent us a 'Notice Of Distress Warrant'. My boyfriend called Philips immediately as he has no idea what this could be about. Philip's said it's something from 2008 but they didn't know what the fine was for and we would have to contact the courts to find out but in the meantime don't be surprised if a bailiff came calling that night or tonight. This in itself scares me as he's off working away for a couple of days I'm alone in the house and Philips told him that they can force entry whether we liked it or not!!!!

 

Also the two letters received are absolutely identical apart from the money that's owed. One letter states £352.50 and the second £427.50. These came within 3 days of each other so he asked why the price was different and they said its a £75 charge for sending out the first letter!! Does this mean we'll get another letter charging us £75 for the second letter, then another £75 for that letter and so on, can they do that because where would it stop?!

 

He's been trying to contact the courts today to at least see what its for etc but were having no luck getting through, he'll keep trying.

 

I feel sick to the stomach and can't stop worrying. What if they come round and force entry while i'm here alone? I'm currently seeking care for depression and i can't tell you how sick this is making me.

 

Please any advice at all would be appreciated.

 

I have sent you a private message.

 

In the meantime, please have a read of the other post her on CAG concerning a similar situation. http://www.consumeractiongroup.co.uk/forum/showthread.php?296252-Notice-of-Distress-Warrant-Philips-Debt-Recovery-Bailiffs(1-Viewing)-nbsp

[Clairebearx]

Thank you all so much. I spent 3 hours this morning reading all I could find on this forum to do with Philips or distress warrant's and what they 'think' they can do and it all made my head spin (the valium probably didn't help either!) I was sure a Statutory Declaration was the way to go but didn't want to waste any precious time in case it wasn't but now we'll send that brilliant and very helpful template off asap!!

 

The only thing he can think of is when his father died he went to register the death and came out to find a parking ticket, with it being the day after his dad passed he put it to the side but subsequently forgot all about it. We'll find out if it's that for sure.

 

As for the £75 charge for sending us a letter informing us of the warrant, is that correct and shouldn't they have explained in the second letter what the increase was for instead of just sending exactly the same letter as the first but with a different amount? I read on one or two of the other posts they should only be asking for the fine amount and can only charge me extra if they actually remove and sell any items.

[hallowitch]

Its not a parking ticket a parking ticket is a warrant of execution

 

Its defiantly a magistrate court fine

[Clairebearx]

Its not a parking ticket a parking ticket is a warrant of execution

 

Its defiantly a magistrate court fine

 

Oh blimey!! In that case we really don't know what it's for!! The sooner i can get through to the court and find out what its for the better.

[fork-it]

Also the two letters received are absolutely identical apart from the money that's owed. One letter states £352.50 and the second £427.50. These came within 3 days of each other so he asked why the price was different and they said its a £75 charge for sending out the first letter!! Does this mean we'll get another letter charging us £75 for the second letter, then another £75 for that letter and so on, can they do that because where would it stop?! .

 

Bailiffs cannot charge you "fees" for collecting an unpaid fine. http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf On page 3 under Magistrates courts. It says bailiffs are not allowed to charge you more than the amount you are fined.

 

This is an official 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.

 

There are plenty of examples to backup this position:

 

This poster contacted the Magistrates court manager about a bailiff (Phillips) who charged her "fees" for collecing an unpaid fine - and miraculously, Phillips made the fees disappear,

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/229873-help-philips.html#post2547500

 

And this poster recovered his fees from the bailiffs for a Bus Lane fine after filing a Form N1 in the county court naming the bailiffs as the defendant. The bailiffs refunded all the fees, but only on condition of no adverse publicity against them.

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/254610-n244-county-court-action-2.html

 

This confirms bailiffs do know the official position on charging fees on to the debtor, - and are aware of the criminal liability if they are caught. See Section 2 of the Fraud Act 2006 and Section 40 of the Administration of Justice Act 1970.

 

PS. If a bailiff tells you owe more than the law says you do, then he commits a criminal offence of Fraud by False Representation. A offence cheargeable under Section 2 of the Fraud Act 2006. Its up to you to decide how much fun you want to have with that.

[Clairebearx]

Fork-it, that's what i saw this morning. Thanks for that, I knew I wasn't going completely mad!

 

How the hell can they still be putting 'fees' on things if there not supposed to? Do they think because they work for the courts there above the law and can extort more money out of you and get away with it? So I can simply say I'm not paying any of there extra charges then?

[fork-it]

I dont think this is corruption with court officials, its because bailiffs know they will get away with it if you report them to the police, so they will charge each case £275, pocket that for themselves - then deduct another £275 from the amount you are fined before paying the balance onto the court. They are allowed to deduct the £275 from the amount your are fined under the terms of their contract, but the contract doesnt allow a baliff to charge you any more than you are fined without having first obtained permission from a magistrate.

 

Effectively the bailiff gets paid twice of each case recovered, but fair to say many fines cases are DOA - no defendant found - so they do lose lots of money on chasing dead cases. Its however, no excuse to defraud defendants from live cases.

 

If you havnt paid the fees yet, then you dont have to pay them at all. - no contract, and no court order. See Section 40(1)(d) of the Administration of Justice Act 1970

[Clairebearx]

No, i agree it's defiantly the bailiffs that are the slimly ones, not the court. Everything i've read so far says when you are able to get hold of the courts they are very helpful and from the little dealings i've had with DCA's and bailiffs i've learnt you cant trust them what so ever!

 

So in order for us to pay the fine only and NOT the bailiff charges i need to send off a Statutory Declaration and get it back into the courts hands? I take it if we were to pay the bailiff for the amount for the fine only they may keep that as there charges and not pay the courts?

[wonkeydonkey]

No, i agree it's defiantly the bailiffs that are the slimly ones, not the court. Everything i've read so far says when you are able to get hold of the courts they are very helpful and from the little dealings i've had with DCA's and bailiffs i've learnt you cant trust them what so ever!

 

So in order for us to pay the fine only and NOT the bailiff charges i need to send off a Statutory Declaration and get it back into the courts hands? I take it if we were to pay the bailiff for the amount for the fine only they may keep that as there charges and not pay the courts?

You are a very quick learner CB lol

[Clairebearx]

lol it only takes me all day! But once learnt, never forgotten!

[ploddertom]

A point worth noting.

 

If your OH has a common name - John Smith for example - it may be that they have the wrong person particularly if you have no recollection of Court proceedings at any time. It wouldn't be the first time this has happened, and it can be just as awkward proving otherwise.

 

PT

[tomtubby]

Hi everyone,

 

Hopefully someone can help me with this as it's really upsetting me. My boyfriend and i got back yesterday after being away for 3 days and found 2 letters for him from 'Philips'. They say they have been instructed by someone called North East London after a non-payment of a magistrates court fee and have sent us a 'Notice Of Distress Warrant'. My boyfriend called Philips immediately as he has no idea what this could be about. Philip's said it's something from 2008 but they didn't know what the fine was for and we would have to contact the courts to find out but in the meantime don't be surprised if a bailiff came calling that night or tonight. This in itself scares me as he's off working away for a couple of days I'm alone in the house and Philips told him that they can force entry whether we liked it or not!!!!

 

Also the two letters received are absolutely identical apart from the money that's owed. One letter states £352.50 and the second £427.50. These came within 3 days of each other so he asked why the price was different and they said its a £75 charge for sending out the first letter!! Does this mean we'll get another letter charging us £75 for the second letter, then another £75 for that letter and so on, can they do that because where would it stop?!

 

He's been trying to contact the courts today to at least see what its for etc but were having no luck getting through, he'll keep trying.

 

I feel sick to the stomach and can't stop worrying. What if they come round and force entry while i'm here alone? I'm currently seeking care for depression and i can't tell you how sick this is making me.

 

Please any advice at all would be appreciated.

 

From far TOO much experience recently of these "fines" and judging from the amounts, I would hazard a guess that this could be a speeding fine AND a separate fine for "failure to provide driver info". I could be wrong, but you will know for sure on Monday when you get through to the court.

[Clairebearx]

OMG after trying since Friday we've just managed to get through and find out what its for! Apparently it's a parking ticket issued by Thames Magistrates in 2008. They said they'd been sending letters to his old address which is why this is the first we've heard. Strangely though the old address is his mothers and she's had nothing come through for him at all and it's for a vehicle he scraped back in 2006!! To be honest it's up to him to deal with the scrapped car part of it, I just want the bailiffs out of it!

[tomtubby]

OMG after trying since Friday we've just managed to get through and find out what its for! Apparently it's a parking ticket issued by Thames Magistrates in 2008. They said they'd been sending letters to his old address which is why this is the first we've heard. Strangely though the old address is his mothers and she's had nothing come through for him at all and it's for a vehicle he scraped back in 2006!! To be honest it's up to him to deal with the scrapped car part of it, I just want the bailiffs out of it!

 

Simple, a Statutory Declaration is the correct route. This will cancel the fines and remove bailiff fees.

 

For plod, Hallowitch and other "experts" on here, this parking ticket is almost certainly for a local authority that have not yet opted for "decriminalsed parking". This is where a police officer and NOT a traffic warden issue parking tickets. Therefore, the matter is classed as "criminal" as opposed to a civil offence. There is a special Statutory Declaration for such circumstances and will try to post a link here later today.

[Clairebearx]

This parking ticket is almost certainly for a local authority that have not yet opted for "decriminalsed parking". This is where a police officer and NOT a traffic warden issue parking tickets. Therefore, the matter is classed as "criminal" as opposed to a civil offence.

 

Amazing, I didn't know Police issued tickets at all! The info I've picked up from here over the last few days has been really interesting not to mention VERY, VERY helpfully! I'm so gratefully forums and sites like this exist to give those petrified few help and guidance!

[Clairebearx]

Sorry Tomtubby, tried repling to your PM but it's saying your in-box is too full to receive any more messages!

[tomtubby]

Sorry Tomtubby, tried repling to your PM but it's saying your in-box is too full to receive any more messages!

 

 

In box cleared again...

[Vee365]

Thought it was best to offer this advice to everyone concerned as my husband has also been through exactly the same thing:

 

1. Contact your local magistrate office, and go and make a statutory declaration (it's free!!!). Be very nice to whoever you speak to. They are usually sympathetic and can give you a little more information about what the fine is for.

 

2. Send a letter of complaint to the named person below:

 

Vicky Savage Philips Collection Services (Bailiffs)

Faverdale industrial estate

Darlington Co Durham

DL3 0PH

3. Make copies of the statutory declaration & complaint letter in 2 above, as well as the letter received from the bailiffs and send it to the Central Accounting Office of the court in question, along with a letter explaining the situation.

 

4. You can search on google for the name of the court by typing in south west london magistrate court, or north east london magistrate court etc. We found more details of south west london magistrate by visiting the 'lawontheweb' website.

Hope this helps?

 

PS: I REALLY DON'T UNDERSTAND WHY THIS COMPANY ARE STILL IN OPERATION, GIVEN THAT THEIR PROCESSES ARE 'DODGY'. WE NEED A CAMPAIGN TO STOP THIS AND CLEAR PEOPLE'S RECORDS OF ILLEGAL CONVICTIONS

[Clairebearx]

Hi all,

 

Just an update and a bit of advise if possible. We did as advised and sent the stat dec off asap in March 2011. As we had heard nothing since we thought it had all been sorted. Then a couple of weeks ago we had a letter from the court entitled 'Further Steps Notice' saying we still owed them £352.50. My other half called the court straight away and was told though there were notes on there system saying he was sending in a Stat Dec they never received it! We were told they would put the account on hold (from 10th Feb) for 48 days giving him time to send it in again. After some looking we managed to find the deceleration and was able to both send it recorded delivery (sent 8/3/12 but still not delivered yet!) and he was also able go into the court and hand it to them. But today we have received another Distress Warrant off Philips! Not only do they say we only have 48 hours to pay up or there coming to seize goods (letter dated 12/03 but sent 2nd class so we only received today the 15/03!) but the amount is now £437.50.

 

I'm not sure what to do or who to contact. Should I send Philips a letter advising them that were dealing directly with the court and they have got a stat dec from us or should we call the court and ask why were being chased? In any case the lady he spoke to at the court said they were putting the account on hold for 48 days so we can send the dec into them so surely it should still be on hold until the 22/3? I mean now we've given in the stat dec should they still be coming to seize goods? If they do it will just be me here by myself and though i wont let them in i dread the thought of them coming round at all!

 

Any thoughts would be great x