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Hello,

 

I was wondering if I could get some advice.

 

I was contacted out of the blue about 6 months ago from Phoenix Collections regarding a Liability Order dating back to 2007 with Bradford Council. I had no had any notice or contact about this before so I contacted the council and they stated that I owed £236 pounds dating back to a property that I moved out of in 2005. When I left that property everything was fine but I found out that the Rental Agency (Who are now closed) told the council I had left at a later date and it was my fault for not leaving the correct forwarding address, but I had at the time and I move once a year around the country where the work is.

 

My problem now is -

 

 

The council offered to put the account on hold while I submitting a SAR to find out all the details regarding this case

 

I submitted a SAR following the procedure listed here over 2 months ago

 

The council wrote back stating that I need to provide Identification before they would send any information (is this correct)

 

2 weeks later I receive a Letter from Phoenix (attached) titled DEFAULT NOTICE and they are coming to collect my goods, and

that I don't even need to be there. How can they do this despite not visiting me before and also the amount has jumped to £330.82!

 

 

Any advice or next steps? I really don't want to let them win this one yet.

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For what reason are submitting a SAR to the Council? It sounds as if the Council have taken the "hold" off the account and have instructed Bailiffs. The sum owed will have jumped because of the Councils Court costs and a possible Visit Fee from the Bailiff.


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I submitted it because I want to see all the information regarding this case as I have had no communication at all, i wanted to see the Liability order. But they have not complied with the SAR anyway.

 

Well does anyone have any suggestions how I can challenge this? Also possible visit fee? they haven't been to my property, I didn't even get a chance to defend myself in court.

 

Also as the letter states, have Phoenix managed to get a default notice issued against me after all this time? I haven't even been offered an arrangement or anything! I just asked them to put it on hold so I could get all the facts together.

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What they have on you will be very little, have they cashed your £10 yet? I would ask for it back. The following should give the information you are looking for. You need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments


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As for the Bailiffs, you need a breakdown of the fees they are charging, here's an example of what to use, send initially by email followed by a copy in the post.

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"


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What you really need is proof of where you lived after you moved. You say the original agent no longer exists but does the actual LandLord? Do you have another tenancy agreement from where you moved to? Do you have utility bills that showed another address?


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Phoenix do not have a Default Agreement against you. This letter is simply to advise you that you have "apparently" defaulted on a payment arrangement. You need to ensure that you do not have a car outside of your home as this is almost certainly be levied upon and most importantly, ensure that you do not allow the bailiff into your home.

 

By making sure of the above you will then ONLY incur bailiff fees of a MAXIMUM of just £42.50

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