PHILIPS DEBT RECOVERY/BAILIFF - Would be really greatful for some help!!!

[Simzz09]

Ive received a 'NOTICE OF ADDITIONAL FEES' letter from 'Philips' Debt recovery/bailffs,dated 2nd november,

and can't bare to bury my head any more as it is becoming quite stressful!

 

It states i have an outstanding amount of £630.00 for the offence of : Attempt to travel on railway without paying fare.

 

I am aware what the offence is for,

and have looked around a bit and have found that i am supposed to receive documents from the court

before it is passed on to debt collectors??

 

doesn't seem to be the case here.

 

.this has been the first letter i've received!!

 

Plz plz plz...if anyone has any advice on next steps, i would be very greatful!!

[dx100uk]

is this the bailiff wing or the DCA wing?

 

how old is this?

 

any mention of they are court fees?

 

dx

[TB Law]

You should have received a further steps notice before the warrant is issued to the bailiff.

 

Get in touch with the court and speak to a fines officer. It might be you have moved since you were fined. Ask to see the original court document.

 

All I can see is s.76 of the Magistrates Court Act 1980 only deals with the issue of the warrant and Part 52.8 of the Criminal Procedure Rules 2011 is to do with costs for moving levied goods. Nothing about regulating a notice of fees.

Edited November 12, 2012 by TB Law

[dx100uk]

what warrant?

 

says nothing about a warrant.......

 

some old ticket fines are being passed to debt collectors now

 

so if they are acting as DEBT COLLECTORS and NOT bailiffs in this instance

 

they have no authority to add ANYTHING.

 

....

 

we need more info

so how old is this offence please?

 

dx

[TB Law]

Smizz09 said this for attempt to travel on railway without paying fare and this is an offence under the Railways Act 1889.

[Simzz09]

Thank you for your speedy replies!

 

The actual offence was at the beggining of the year, say march??

 

Its says ,our field officer will increase my balance by £215.00 as w are obliged to add an attendance fee at this stage'

 

I have no documents to say what the initial fine was!

 

Ive also just disovered that they have mis-spelled my first name? Do i have any leverage here?

 

S

[dx100uk]

bailiffs dont send out 'field officers'

 

thats a dca term.

 

pers i'd contact the court and ask what is the state of this fine

 

if you never received the court papers

 

tell them that too.

 

dx

[dx100uk]

Smizz09 said this for attempt to travel on railway without paying fare and this is an offence under the Railways Act 1889.

 

 

as maybe, that is not in despute.

 

who phillips are acting as is the issue here

 

to me this sounds like their dca wing.

 

thus they are NOT baillifs and have no legal powers to add nor demand anything

 

 

dx

[Simzz09]

Thanks Very much i think i will do that!

 

So If there is a Misspelt name on the letter, legally does it have any ground?

 

There are no references to court or court fees!? How would i go about finding out where/who the fines officer is?

would i need to contact the DCA directly?

 

Sorry if the questions are a little naive, i am very new to this!!

 

S

[dx100uk]

no!

 

phone the court

 

dx

[tomtubby]

A Distress Warrant has been issued by the court as a fine has been registered against you by the Magistrates Court.

 

BEFORE a Distress Warrant is issued there is a legal requirement that a Further Steps Notice MUST be sent to you.

 

Did you receive this?

 

You are legally allowed to file a Statutory Declaration "within 21 days of becoming aware of the fine". and this will "rewind" the procedure and the warrant will be cancelled and the court will then issue another summons. You will be given a further opportunity to pay at the earlier rate or to defend the action.

 

You should have received a summons and if not, you can call the fines office for the relevant court to infom them that you had not received the summons and that you wish to file a Stat dec. The problem that could arise is that you have stated on the forum that you were aware of the matter. You need to be careful.

[TB Law]

thus they are NOT baillifs and have no legal powers to add nor demand anything

 

 

dx

 

 

lets see...

[dx100uk]

bit silly to just cut and paste one line.

 

if its the dca wing, they are not bailiffs...

 

dx

[TB Law]

If you are right and the debt collector presented himself as a bailiff and excersised the priviledge by charging a fee, then he is guilty of misreprentation.

 

My vote is this is a mags court fine for a train fare offence and Simzz09 never got the FSN.

 

As per my previous post Simzz09 should contact the fines officer and find out if this is genuine and if yes, then he can make a Statutory Declaration and have it sworn before a CofO and send copies to the court and the enforcment contractor.

[brassnecked]

bit silly to just cut and paste one line.

 

if its the dca wing, they are not bailiffs...

 

dx

 

Unless Phillips are intimating that Field officers and bailiffs are the same animal, a no no, and potential fraud imho.

[dx100uk]

yes they've done this before

 

i think they've been huled over the coals too for

 

certainly for sending letters chasing a debt under their DCA wing

mentioning the bailiffs in the same letterhead too.

 

bit busy

 

but just search on them here you should find it.

 

dx

[sgtbush]

if they are collecting a magistrates court fine then they are true bailiffs

 

regardless if the courts have or have not sent a FSN

speak to the court, if they havent sent it, it case will be withdrawn from the bailiffs and the courts will handle it

 

rest assured if its a magistrates court fine then Philips are bailiffs and do represent the courts

[Givuzagame]

Phillips trying to charge me £85 fees under Section 76 of the Magistrates’ Courts Act 1980, for default in paying a sum adjudged to be paid by a conviction or order of a Magistrates’ Court.

The fine was being paid but the fines office admin failed to log an agreed restart. I emailed a complaint but fines office do not acknowledge me/no reply at all.

 

Have now paid fine in full, just £85 "fee" remains. Is it true they can charge this as alternative website suggests not and that a N1 can be submitted. All they did was send a letter. and no, I did not get the further steps notice either.

 

I requested copy of distress warrant but Phillips cannot provide this, just gave me a ref number and told me I could contact fines office or view it at court. Surely they should be in possession of it to request any fees?

 

Who can I complaint to further re fines office as their ignorance is beyond belief?

 

Any advise welcome please before I am mugged for this £85.

[dx100uk]

please start your own thread

 

dx

[old bill]

If you are right and the debt collector presented himself as a bailiff and excersised the priviledge by charging a fee, then he is guilty of misreprentation.

 

My vote is this is a mags court fine for a train fare offence and Simzz09 never got the FSN.

 

As per my previous post Simzz09 should contact the fines officer and find out if this is genuine and if yes, then he can make a Statutory Declaration and have it sworn before a CofO and send copies to the court and the enforcment contractor.

 

Don't bother with the Fines Officer. Go straight to the HMCTS Enforcement Manager. There's been a cock-up and it's entirely the court's fault. It is clear the law has not been complied with. Philips need to be pulled out, hence why you should contact the HMCTS Enforcement Manager directly. Ring the court switchboard and ask for the Enforcement Manager's name and contact telephone number.

[dx100uk]

ignore sorry wrong thread.

 

dx