Phoenix Collection and Hillingdon council

[maria paros-ungurean]

i need some help,

 

This is a case of mistaken identity that no one want's to admit it might have happened.

 

They are pursuing me for a council tax debt in Hillingdon from 2007-2008 for a person who has almost the same name as mine

 

On the date of July the first 2014 i received a removal notice through my letter box from Phoenix Commercial

stating that i owed them £937.89.

 

The removal notice that contained just a name MR Foster, no first name and no break down of the debt.

 

I must mention that this is the first time i was contacted about this debt.

 

I have never ever heard before about this and i have never had the chance to prove my innocence.

 

I called the debt collection agency and they advised me it was a debt from LB Hillingdon

and i need to pay the full amount otherwise i will have goods removed even if i'm not home.

 

I called Hillingdon and tried to explain the situation.

They were very unhelpful and rude and didn't want to advise me about anything apart that they wanted the money.

 

I have asked on several occasions to talk to a Senior Revenue Officer or recovery team but i was refused every single time.

 

I think i must have called them 20-30 times to sort the situation and

 

at some point i had 2 advisors confirming me that the proof I've sent them is enough and i won't face any further action.

 

I must mention that i provided several documents with my name and address

some coming from Romania to prove i have worked in a choir there but their motivation is that being a musician i could have traveled a lot.

 

I have tried out to find where they found my name and address and they told me Experian provided all the information including my date of birth.

 

Experian is denying that they ever sold any personal data as that will be against data protection and they are investigating this matter.

 

On July the 24th i was contacted by a manager of Hillingdon Council after i insisted to talk to someone higher.

She asked me some questions that i didn't fully understand as English is not my first language

and sometime when i'm under pressure i can't concentrate fully to what people are saying

and i was tending for my son who has chicken pox as well and

 

we ended up in an argument her telling me i'm a liar and me calling them bullies.

 

My birth name is .M.P-U i'm a native Romanian.

 

The persons they are looking for is a M P who lived in Hillingdon in 2007-2008.

 

In Romania my surnamecan be interpreted in 3 ways as we have diacritics.

 

I have been called on the 24 th of July 2014 by the office Phoenix Collection

and threatened that they are going to come after me as i'm a liar and they are going to take everything that i owe.

 

In my despair i have offered them to pay £20 a month till i get this case to the Valuation Tribunal services but they are no accepting anything.

 

I have logged complaints to Hillingdon, Phoenix, Local gov Ombudsman but no one really heard my case.

All they are saying is i need to pay the money and that's it.

 

I have been living under constant stress and harassment since July 2014.

 

Every single time i hear a noise outside and someone knocks on the door i start shaking and can't stop.

 

I've attended my GP and i have been prescribed anxiety medication.

 

I had to have days off from the school i'm working to guard my house and i'm having nightmares constantly that

my door is going to be knocked and my 6 years old will be scared to death.

 

I have been constantly threatened and bullied to admit that i'm the person they are looking for

and every time i keep on telling my name that is M P-u they say i'm admitting i'm the person they are looking for.

 

What more can i do to stop them?

Edited July 25, 2014 by maria paros-ungurean
more info

[dx100uk]

I would suggest filing a statutory declaration that you are not the person.

 

also, get evidence you were not at the address in question at the time.

 

that should kill the debt dead.

 

It might also advise you need to suggest an alternate username to me via private message.

 

its not was to post/use pers details here.

 

dx

[maria paros-ungurean]

Sorry about that, i'm new here.

 

I already sent them proof from Romania as a pay slip from 2008

and details that i've worked since 2001 to 2010 there but they said as i'm a musician

 

i could have traveled quite a lot in uk

 

and i could have had a house here ( not that i could have afforded one).

 

i also sent them my marriage certificate where it clearly states my maiden name as i have never changed it.

 

They just don't want to accept anything.

[old bill]

Under English Law, you cannot be pursued or held liable for someone else's debt. It is also illegal to take court proceedings against someone who has committed no crime or civil wrongdoing. This is what has appeared to have happened in your case.

 

dx100uk's advice to swear a Statutory Declaration is sound and you should action this as soon as possible. If London Borough of Hillingdon and Phoenix still persist, then you may need to go to court and seek an injunction against both of them.

[tomtubby]

Has Hillingdon Council confirmed the ADDRESS that the council tax relates to?

 

If so, is this the same address where you are now living?

 

It is more than likely that the LANDLORD provided the name to Hillingdon Council. Have you contacted the Landlord?

 

Lastly, have you sent a copy of your passport to Hillingdon Council. This should show then dates when you arrived in the UK and dates of leaving?

[tomtubby]

Under English Law, you cannot be pursued or held liable for someone else's debt. It is also illegal to take court proceedings against someone who has committed no crime or civil wrongdoing. This is what has appeared to have happened in your case.

 

dx100uk's advice to swear a Statutory Declaration is sound and you should action this as soon as possible. If London Borough of Hillingdon and Phoenix still persist, then you may need to go to court and seek an injunction against both of them.

 

Council tax is generally owed by 'those in occupation' of the property during the applicable period.

[old bill]

Council tax is generally owed by 'those in occupation' of the property during the applicable period.

 

That is the point I am making, TT. From what the OP has said in their post, the local authority and civil enforcement company are chasing the OP for someone else's debt, due, it would seem, to the local authority's incompetence and malfeasance.

 

Looking at the OP's initial post again, the local authority and civil enforcement company involved have exposed themselves to legal action as they have no grounds in law for pursuing the OP. It is also possible the landlord gave incorrect or false information to the local authority. I have come across cases, where I am, of landlords giving false information to the local authority in order to avoid paying CT for periods when their properties are unoccupied.

 

My view is that the local authority and civil enforcement company should back off, conduct a proper investigation and not plough on regardless.

[brassnecked]

Perhaps if Maria swears a Statutory Declaration that she was NOT in the UK at the time period covered by the LO, and also the other proof of non presence in the UK was sent in to council and EA contained in a Formal Complkaint to CEO, iyt might focus their revenue hungry at any cost tiny minds. Or am I clawing at the wrong leg.

[tomtubby]

The council are clearly of the opinion that Maria has been the real person occupying the property and in order to dispel that theory I would still advise that showing the council a copy of the her passport could bring their enquiries to a close. A letter from the landlord should be simple to obtain and a copy of the tenancy agreement.

[old bill]

Notwithstanding, TT, the council need to be upfront with the information they are relying on and cease bullying the OP and allowing their contracted enforcement agents to do likewise. The fact the OP is Romanian is relevant.

 

As alluded in my previous post, it is not unknown for landlords to give false information about tenants to local authorities in order to avoid paying CT for which the landlord is liable during periods when their properties are unoccupied.

 

Brassnecked is on the right path as is dx100uk with the Statutory Declaration route. As stated previously, the local authority and enforcement company need to back off and conduct a proper investigation, otherwise I can see both facing legal action they are unlikely to come out of very favourably.