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Phillips Notice of distress warrant.


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I was issued a fine by the magistrates courts and was paying it in installments. Before my work contract ended I contacted them and explained my situation and was unsure of when I would be getting back in employment. They did say to keep them updated but unfortuently I understood that as contact them as when I am back in work.

 

I recieved a letter from Phillips yesterday saying pay within 48 hours or they will remove my goods. I started work on Monday so rang the courts to offer full payment of the £130, they said they can only accept my payment and pass it on to Phillips but will still have to pay their fees. Phillips want £215 which I see as ridiculous. £85 to send a letter?

 

I've emailed Phillips. Purely for the fact a recorded letter wouldn't get to them in the 48hours. What advice would you give me? If I pay the courts will that stop collection of my goods? Are their fees alone enforceable if I pay the original £130?

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Technically yes. Reality, no.

 

I recieved one a month after my court date so I called up, they had it noted that I would pay £100 on the day in court however on my paperwork it clearly shows that I would pay £50 a month. No £100 was agreed. Technically I have recieved one but it was wrongly sent.

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No I'm 99% sure it was a final steps letter. I have never recieved any letter telling me why to pay. Just instructions from the court on the day with '£50 per week' written in pen at the bottom.

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I think I would ask them. As far as the charges the Bailiff is claiming, this is an arrangement made between HMCTS & the Bailiff Co's. There has been discussion in the past as to whether you actually have to pay them or not & at present believe we still have a hung jury on this. Of course you could always ask both Courts & Bailiffs what Rule/Regulation makes you liable for the payment other than the amount outstanding on your fine. I imagne the reply you get will be along the lines of "cos you have to".

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the fees are set by the courts

you broke the agreement with the courts regarding the fine

they have issued a WARRANT OF DISTRESS against you

the fees are set by the courts

the 85 is an admin fee

the 215 is a fee to cover full enforcement of the warrant if you get a visit, one visit is enough to have this added on,

 

i would try to come to a instalment plan and stick to it with Philips

if the warrant gets returned to the courts as unenforced, the court MAY issue a warrant of commital for you

so its best to try to get an arrangement

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Sgtbush, if a bailiff came a knocking on the wrong door, a 9 year old opened it and soaked him with a water pistol, what would happen? Especially if it was for TV licence but the debtor had long gone elsewhere, reckon they would phone police and allege assault, or if Marstons would they beat the bejabas out of the kid push him out of the way, then seize everything in the house?

 

If no FSN recieved then contacting court stating this may be an option, as it is a legal requirement, bailiffs before FSN is a no no, but as per the others jury is out on who pays the fees, you may have to pay the fees then challenge

Edited by brassnecked

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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!

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No I'm 99% sure it was a final steps letter. I have never recieved any letter telling me why to pay. Just instructions from the court on the day with '£50 per week' written in pen at the bottom.

i think the OP has stated he got one

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i think the OP has stated he got one

In which case paying up is the best option

We could do with some help from you.

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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!

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It should be easy for the op to differentiate between the letter he received from the Court and makes mention to and a further steps notice....the former would tell him when and how much he was to pay, the latter would tell him he had not made the payments due and if he didn't bring the account up to date the case wold be passed to bailiffs for collection....the question remains which of these did he actually receive??

 

WD

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  • 2 months later...

So, I set up a payment plan with Philips to be started on the 2nd January. As I am a contractor my payment was delayed which meant I called Philips and explained. The lady allowed me to pay my first installment 2 days later as long as I called back the day after to confirm receipt of the payment. I paid, I called back the day after, another lady confirmed my payment.

2nd February I get home from work intendeng to make my next payment but find a letter on my floor. A bailiff has visited my house to remove goods and I now have a £385 debt to pay (should now be £165). I have emailed Philips, sent a letter to Philips and requested six call backs via SMS which have all been ignored.

 

Ideally I want this to go back to court so I can show my calls, email correspondence and bank statement showing my payment.

 

Can anyone advise?

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Please can anyone help me or advise me how to move forward with this? I've requested call backs twice a day and have had no reply but they have just issued me with a pre removeal notice.

 

Also, My car is PCP.

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If this is a magistrates court fine that Phillips are dealing with, I think I would go back to the court to seek their help. Perhaps you can ask for a hearing with magistrates. Appears from what you are saying that you have been in contact with Phillips to advise of the slight delay with payment, so any extra costs added should be disputed.

We could do with some help from you.

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  • 2 weeks later...
So, I set up a payment plan with Philips to be started on the 2nd January. As I am a contractor my payment was delayed which meant I called Philips and explained. The lady allowed me to pay my first installment 2 days later as long as I called back the day after to confirm receipt of the payment. I paid, I called back the day after, another lady confirmed my payment.

2nd February I get home from work intendeng to make my next payment but find a letter on my floor. A bailiff has visited my house to remove goods and I now have a £385 debt to pay (should now be £165). I have emailed Philips, sent a letter to Philips and requested six call backs via SMS which have all been ignored.

 

Ideally I want this to go back to court so I can show my calls, email correspondence and bank statement showing my payment.

 

Can anyone advise?

 

Looks like you have defaulted again by a few days on your new arrangment with Philips you say The lady allowed me to pay my first instalment 2 days later I would take this with a pinch of salt as a default is a default no matter what she told you, your late payment would trigger the visit and more fees on top.

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