Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3221 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

I received a letter from Philips 3 weeks ago saying I hadnt paid my magistrates fine of 277 pound. I knew I hadnt paid the installments for a while so called them to pay it.

 

I spoke to a guy on the phone and said I wanted to pay in full and he quickly put me on hold. 2 mins later he came back and told me its now 277 + 85 admin fee!! I told him the letter said its 277 and thats what im paying. I then said not too worry and i'll just pay it online. I done just that then phoned the philips number 3 times over quoting my reference to be told by their computer that the account is settled.

 

I have suddenly received another letter today demanding 85 again. After a heated conversation they have told me if I dont pay it they will instruct the bailiffs to come in. The guy said that the 85 is added on immediately, I said why wasnt that on the initial letter then and he didnt really have an answer.

 

Who can i speak to? Im so worried.

 

Thanks all and GL

Link to post
Share on other sites

So the entire amount is already settled, yet the bailiffs have added on an unfair charge, but have not stated this in any statement of account?

 

 

Hopefully someone can chip in here.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

correct. They tried to add it on while I was on the phone to them (I think when i said i'll pay it up now they thought theres a little extra we can get here). I then said dont worry i'll do it online and did so immediately.

 

I have since received a letter asking for a further 85 and they said i was told this on the phone. As far as I am concerned if i am given a bill for 277 pound then thats what i pay. It all tallyed up on their computer system till now!

 

Plz.....anyone!!

 

:)

Link to post
Share on other sites

correct. They tried to add it on while I was on the phone to them (I think when i said i'll pay it up now they thought theres a little extra we can get here). I then said dont worry i'll do it online and did so immediately.

 

I have since received a letter asking for a further 85 and they said i was told this on the phone. As far as I am concerned if i am given a bill for 277 pound then thats what i pay. It all tallyed up on their computer system till now!

 

Plz.....anyone!!

 

:)

Bet if they had owed you and it was mentioned in a phone call they would deny what they said, well what's good for the goose, as in I don't recollect hearing that, Que? Pardon?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

the £85 is an admin fee which is added to the fine when the courts issue a warrant of distress because you failed to pay, if the warrant is enforced the courts allow the enforcement figure of £215 to be added on as well, these figures are allowed by the courts because you failed to keep up the arrangement with the courts

Link to post
Share on other sites

Hi,

 

I received a letter from Philips 3 weeks ago saying I hadnt paid my magistrates fine of 277 pound. I knew I hadnt paid the installments for a while so called them to pay it. Did you receive a 'further steps notice' from the Court prior to Phillips letter?

 

I spoke to a guy on the phone and said I wanted to pay in full and he quickly put me on hold. 2 mins later he came back and told me its now 277 + 85 admin fee!! I told him the letter said its 277 and thats what im paying. I then said not too worry and i'll just pay it online. I done just that then phoned the philips number 3 times over quoting my reference to be told by their computer that the account is settled. Have you recorded the message to say 'settled' if not I would do so now and then argue the account was settled and their £85 applied later and ask they justify that???

 

I have suddenly received another letter today demanding 85 again. After a heated conversation they have told me if I dont pay it they will instruct the bailiffs to come in. The guy said that the 85 is added on immediately, if they process fines as they suggest by adding £85 up front, then you have every right assume the £277 would include that £85 at the time it was requested? I said why wasnt that on the initial letter then and he didnt really have an answer.

 

Who can i speak to? Im so worried.

 

Thanks all and GL

 

Personally I would be tempted to suggest if they require a further £85 then they should make an application through the Court to justify it???

 

WD

Link to post
Share on other sites

Fact is they sent a letter saying 277 pound had to be paid. THEIR online system showed 277 had to be paid. The letter said it had to be paid within 14 days. I paid on the fourteenth day. The numpty on the phone eventually worked that out (initially saying that time had passed).

 

This is absolutely ridiculous.

Link to post
Share on other sites

Ok. lets start again.

 

 

All statements/letters said only £277 had to be paid. You paid the £277 as stated.

 

Then out of nowhere, they conjure up this admin charge out of nowhere, and it has never been stated previously in any correspondance?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Hi Wonkey,

 

Did you receive a 'further steps notice' from the Court prior to Phillips letter?

 

No i received nothing. The day i received the letter I called the court first to try and pay them direct. They told me it has been handed to philips. Thats when i contacted them first.

 

Have you recorded the message to say 'settled' if not I would do so now and then argue the account was settled and their £85 applied later and ask they justify that???

 

I havnt no - I have the phone calls on my bill to show I made two - three phonecalls that all lasted 1 min or so (literally they say, put ur ref no in, i did and it said ""this account has been settled, no further information required"".

 

if they process fines as they suggest by adding £85 up front, then you have every right assume the £277 would include that £85 at the time it was requested?

 

My point exactly. When i asked them this they said it is! I said why wasnt on the letter or your oonline systems?? He couldnt really answer.

Link to post
Share on other sites

Ok. Then theyre trying to pull a fast one on you. I'm not sure of the procedure to contest it, but hopefully someone who is reading can jump in and supply that info.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

it was paid on the fourteenth day. They clearly back date their letters because the postage stamp on the envelope was 3 days prior to receipt!! Did it take 10 days to get through their mammoth postage dept!!!!

Link to post
Share on other sites

I would copy the letter and the envelope and write to them using the arguments you have given here on cag enclosing copies.Conclude your letter by giving them 7working days to reply after which should you fail to hear from them, you will assume the matter to be settled, should they wish to continue to obtaining the amount they allege to be owed then you invite them to proceed through the correct channels.

 

WD

Link to post
Share on other sites

Your not gonna beleive this! When i paid it online, and then heard the confirmation by phone i threw away the letter.

 

Shall i still send a letter telling them of the facts.

 

Yes I would do that and remember to send proof to the delay with their postage????

Link to post
Share on other sites

To cover your position, I would suggest that you WRITE and email a letter to Philips. Keep the letter brief and advise them that you received a letter to demand payment of £277 and that this letter stated that payment was to be made within 14 days and that you called their office on the 14 day and made payment of the sum of £277 which is also the sum sated on their own website.

 

Advise them that you are taking their threat of further enforcement for their alleged fees of £85 very serious indeed and that as far as you are concerned the case is settled and closed. Ensure that you advise Philips that you are sending a copy of your letter to the Fines Officer at the relevant Magistrates Court

Link to post
Share on other sites

the £85 is an adminlink3.gif fee which is added to the fine when the courts issue a warrant of distresslink3.gif because you failed to pay, if the warrant is enforced the courts allow the enforcement figure of £215 to be added on as well, these figures are allowed by the courts because you failed to keep up the arrangement with the courts

Can somebody point me to the relevant legislation that states this because as far as I know there is nothing that says bailiffs can add these charges,.. unless we are talking about HCEO?

Illegitimi non carborundum

Link to post
Share on other sites

The admin fee is a charge that is allowed in the contract between HMCTS and the relevant bailiff providers. There are many posts on the forum concerning the legality of these charges and it must be for each individual to decide whether to pay the fee or not.

 

What I would repeat is that the contract is between HMCTS and the bailiff provider. A court has NOT ordered the fee to be charged. There have been many people posting on here in the past who have made FOI requests and the responses DO NOT provide anything near a satisfactory answer as to the legality of these fees.

 

Also, there have been many posters who have written formal letters of complaint to the courts and their responses have always been that the fee can be charged.

 

As this is a subject that has been debated at GREAT LENGTH in the past I will not get involved any further as there are many people on the forum who require help and this is a complicated subject.

Link to post
Share on other sites

The admin fee is a charge that is allowed in the contract between HMCTS and the relevant bailiff providers. There are many posts on the forum concerning the legality of these charges and it must be for each individual to decide whether to pay the fee or not.

 

What I would repeat is that the contract is between HMCTS and the bailiff provider. A court has NOT ordered the fee to be charged. There have been many people posting on here in the past who have made FOI requests and the responses DO NOT provide anything near a satisfactory answer as to the legality of these fees.

 

Also, there have been many posters who have written formal letters of complaint to the courts and their responses have always been that the fee can be charged.

 

As this is a subject that has been debated at GREAT LENGTH in the past I will not get involved any further as there are many people on the forum who require help and this is a complicated subject.

 

Fully agree with your comments TT and it is a sad fact that until we get a test case into Court, the saga to if these fees are legal or not, is simple going to continue on the magic roundabout.

 

Wd

Link to post
Share on other sites

The whole issue of a contract between HMCS and a Bailiff company seemingly being given the force of Statute with these fees, is obnoxious, and needs to be addressed, once and for all.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

Fully agree brassnecked. But until theres a test case, nothing will happen. And there wont be a test case, because those people who are dealing with issues like this cannot afford to pay the huge court costs and lawyer fee's necessary to try the case.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Fully agree brassnecked. But until theres a test case, nothing will happen. And there wont be a test case, because those people who are dealing with issues like this cannot afford to pay the huge court costs and lawyer fee's necessary to try the case.

 

It truly is a case of them doind a DVLA, and making it up as they go along ECHR anyone for breaches of the Articles?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...