Phoenix Commercial Collections

[Signaller]

I'm not sure this is in the right place. I hope so. If not, will someone kindly direct me to the correct page.

 

I have today had a visit from a 'Bailiff' from Phoenix. Apparently it is due to unpaid Council Tax, and a CCJ was unpaid from 2008. I was not aware of a CCJ, and I have moved a few times since I lost my house in 2006.

 

I shamelessly lied to the guy to buy a little time before he no doubt will return. He left a form headed 'Enforcement Notice' and on it it states 'Goods viewed for potential Removal' and has my neighbours car registration number.

 

If I do indeed owe this money then I must pay it, but I am looking for advice from you wonderful people out there. Can anyone kindly advise me please. Thank You.

 

Regards

 

Signaller

[citizenB]

Is your neighbour's vehicle parked on your drive ?

[Bailiff Advice]

In the first instance, Phoenix would be collecting council tax arrears but I would be very surprised indeed if they were to also be enforcing an unpaid CCJ. You should find on Phoenix's documentation that they should have provided reference numbers for the accounts that they are enforcing.

 

With council tax the legal position is that the council can address documentation to the last known address and you have not advised them of an alternative address then all documentation sent by them is deemed to have been served.

 

If the debt had been for an unpaid parking charge, then the vehicle registration number would appear on the warrant and if this same car was on your driveway (or outside of your home) then it could be legally taken into control. Was your neighbours car on your driveway or outside of your house?

 

Do you have a car yourself and was it on display?

[Signaller]

Thank you both for your replies. My neighbours car is parked outside his house. Neither or us has a drive, we live in a street. My car is parked further down the street as I couldn't get parked outside my house last night.

 

It is for unpaid Council Tax, and there is a reference number. It also states he is re-attending when, to my knowledge, he has never been here before. This is the first time I have been aware of this since I moved here almost 4 years ago. And no letters have ever been left or posted to me here.

 

Regards

 

Signaller

 

I live in a different borough now than where I lived 7 years ago, and I have moved three times since I lived at the address to where the CT applies to.

[Bailiff Advice]

The enforcement officer will likely run a DVLA check. You need to be careful of your own car. As I have said above, the notices from the council will be deemed to have been served upon your previous address as this would have been the last known address for you on the council records.

 

I would suggest that you first call the council to ascertain whether the amount of the Liability Order is correct.

[Signaller]

Thank you @ Bailiff Advice for replying again. The only address that Council will have for me is the address the bill applies to, and they must know I'm not there, unless the house has stood empty since I moved in 2007.

 

I will do as you suggest, and contact the relevant Council, and let you know what happens.

 

Regards

 

Signaller

[ericsbrother]

all seems a bit late to enforce unless the council went back to court and if they did, you should have been notified. You need to ask the court that issued the warrant when it was issued and then get on to the council

[Signaller]

He didn't say he had a warrant. Just that Mr Signaller owes X amount to a certain council for unpaid council tax, and that a ccj had been issued in 2008!!!

 

Signaller

[Bailiff Advice]

He didn't say he had a warrant. Just that Mr Signaller owes X amount to a certain council for unpaid council tax, and that a ccj had been issued in 2008!!!

 

Signaller

 

What he probably meant to say was that a Liability Order has been issued in 2008. This is not a CCJ and does not appear on a credit check.