Philips Bailiffs

[MARTIN3030]

Its a line I couldnt work oy either

 

[elsinore]

Wherever you send a Subject Access Request, the recipient is the data controller. It matters not if the council holds personal data duplicated by the bailiffs they are under an obligation to provide data they process if requested.

 

Quite right dw, they can't slither out of it that way.

 

Chris, if you go here http://www.esd.informationcommissioner.gov.uk/esd/search.asp

and enter your councils name, they will come up as a data controller. QED!!

 

Elsinore

[MARTIN3030]

Quite right dw, they can't slither out of it that way.

 

Chris, if you go here http://www.esd.informationcommissioner.gov.uk/esd/search.asp

and enter your councils name, they will come up as a data controller. QED!!

 

Elsinore

 

Elsinore is there anything you DONT know

 

Your ability to extract and post the actual links is nothin short of genius

 

But dont tell the dcas

[elsinore]

Just trying to help!

 

BTW Martin , congrats on your change of colour!

 

Elsinore

[MARTIN3030]

Awwww thanks.

 

But as Ive said already I am still with you lot...........I may not have Baliffs at my door at the moment but they could come back at any time........when the neigbours take me to court for playing ABBA songs

 

 

I have got serious business with dcas tho..........none of which I have paid or intend to pay.....They can be just as troublesome as MrB.

 

I am really looking forward to spending some of my penalty charges on taking these b*******s to court.

 

Nothing would make it more worthwhile being on here than to see everyone get a result from both the banks AND the baliffs.

at the moment the banks are being defeated.......I would love to see the baliffs in the same boat !!

[chrismc]

Wherever you send a Subject Access Request, the recipient is the data controller. It matters not if the council holds personal data duplicated by the bailiffs they are under an obligation to provide data they process if requested.

 

My SAR was sent to Philips not too the council, but surely the Council will be a data conroller anyway under their normal legal obligations.

[chrismc]

Quite right dw, they can't slither out of it that way.

 

Chris, if you go here http://www.esd.informationcommissioner.gov.uk/esd/search.asp

and enter your councils name, they will come up as a data controller. QED!!

 

Elsinore

 

Thanks Elsinore

 

When you search that register it states:

 

This data controller states that it is a public authority under the

Freedom of Information Act 2000 or a Scottish public authority under the

Freedom of Information (Scotland) Act 2002

and

 

Data Controllers further description of Purpose:

ELECTORAL REGISTRATION

THE PROCESSING OF INFORMATION SUPPLEMENTARY TO THAT CONTAINED ON

THE ELECTORAL REGISTER

Data Subjects are:

MINORS CURRENTLY SIXTEEN OR SEVENTEEN YEARS OLD

THOSE NOT ELIGIBLE FOR JURY SERVICE (I.E. OVER SEVENTY YEARS OLD)

OTHER MEMBERS OF HOUSEHOLD

Data classes are:

Personal Details

Sources (S) and Disclosures (D)(1984 Act). Recipients (1998 Act):

MEMBERS OF THE DATA SUBJECT'S FAMILY/HOUSEHOLD

OTHER OCCUPANTS OF THE DATA SUBJECTS ADDRESS

COURTS

Data subjects themselves

MINORS CURRENTLY SIXTEEN OR SEVENTEEN YEARS OLD

THOSE NOT ELIGIBLE FOR JURY SERVICE (I.E. OVER SEVENTY YEARS OLD)

OTHER MEMBERS OF HOUSEHOLD

Data classes are:

Personal Details

Sources (S) and Disclosures (D)(1984 Act). Recipients (1998 Act):

MEMBERS OF THE DATA SUBJECT'S FAMILY/HOUSEHOLD

OTHER OCCUPANTS OF THE DATA SUBJECTS ADDRESS

COURTS

Data subjects themselves

 

Plus tons and tons more too many to mention, plus this which is more relevant

 

Purpose 5

Assessment and Collection of Council Tax and National Non-Domestic Rates

Data Controllers further description of Purpose:

CALCULATION AND ASSESSMENT OF RATES/TAX DUE

CONDUCT OF COUNCIL TAX CANVASSES

ISSUE OF NOTICES AND DEMANDS

COLLECTION AND PROCESSING OF PAYMENTS

DEBT TRACING AND COLLECTION OF COUNCIL TAX AND RATES

Data subjects are:

Relatives, guardians and associates of the data subject

Advisers, consultants and other professional experts

COUNCIL STAFF (INCLUDING PERMANENT AND TEMPORARY EMPLOYEES, ELECTED

MEMBERS, VOLUNTEERS, CONSULTANTS, SELF EMPLOYED AND OTHER PERSONS CONTRACTED TO

PROVIDE SERVICES ON BEHALF OF THE COUNCIL)

COUNCIL TAX OR RATE PAYERS (PAST, PRESENT AND POTENTIAL)

Data classes are:

Personal Details

Family, Lifestyle and Social Circumstances

Employment Details

Financial Details

Business activities of the data subject

It goes on and on and also covers all the benefitrs sections, council tax, housing etc etc etc. the list is endless.

 

Chris

[MARTIN3030]

Almost as endless as Philips excuses no doubt?

 

[adridude]

Hi There,

 

I havent read all of the post, but this might help: http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.htm

 

Also take a look at this post I posted a few days ago:

http://www.consumeractiongroup.co.uk/forum/debt-collectors-bailiffs/19991-debt-collectors-doorknockers.html

 

hope this helps.

 

Cheers

 

Adrian

[MARTIN3030]

Ade your missus isnt russian by any chance ?

 

 

[adridude]

erm no, I dont have one haha. What made you think that? LOL

[MARTIN3030]

A certain person we know with the same name..........but obv ur not him !!

 

 

[adridude]

does his surname start with S and does he have a strong south african accent and live in nottingham, been in uk for only 3 years??

[chrismc]

No its not you Adrian!!

[chrismc]

Hi There,

 

I havent read all of the post, but this might help: http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.htm

 

 

Yes I have all that Adrian al;ready listed in this thread and various others I am contributing too.

 

 

Also take a look at this post I posted a few days ago:

http://www.consumeractiongroup.co.uk/forum/debt-collectors-bailiffs/19991-debt-collectors-doorknockers.html

 

hope this helps.

 

Cheers

 

Adrian

I haven't read all your thread, but taking a quick look and if you read the whole of this thread you will probably find I have covered all your circumstances and probably a lot more besides. I am a lomng way down the road with this and on the verge of issuing a County Court Summons aga9inst the Bailiffs.

 

But thanks anyway for your help!!

 

Chris

[adridude]

rofl... I wouldnt mind a russian girlfriend.. any offers? har har

[chrismc]

Martin and I could find you one OK!! or at least tell you where and how to look he he

[adridude]

well outside the passport offices would be a good start ROFL

 

that was a joke and meant no offence to any Eastern European peple on this baoard!

[MARTIN3030]

Martin and I could find you one OK!! or at least tell you where and how to look he he

 

 

True Chris.........but he will need a good claim in first !

 

[MARTIN3030]

well outside the passport offices would be a good start ROFL

 

that was a joke and meant no offence to any Eastern European peple on this baoard!

 

You wont find any RW hanging around outside passport offices

 

They are too smart for all that queuing

 

[MARTIN3030]

Hnmmmmm 2 claims x700 quid (fingers tapping....)

 

A return flight to Mioscow 7 days in hotel alpha and a crate of Baltika

 

plus some change for the babooskas new headscarf

[chrismc]

You wont find any RW hanging around outside passport offices

 

They are too smart for all that queuing

 

They sure are...BTW you have a spare one at home don't you he he

[MARTIN3030]

Oh yes he can have her..........if he can speak Russian he will be ok

or maybe spend some of that 1400 giving her English lessons lol

 

[BotB]

Hi Chris,

 

Where are the points of dispute with Phillips?

Presumably you have records/proof whether complete or not, of what payments you made to them. Do they match up with what documents Phillips have sent you with their version of what's been paid? If not, how do they explain the discrepancies?

 

I'm a bit lost with reference to what is "reasonable" in terms of charges - where has that come from?

 

Bailiffs do seem to think they can make duplicate charges for one visit if they have more than one account to chase. You should ask what authority they are relying on for such a proposition - it isn't in any regs. I have seen.

[chrismc]

Hi Chris,

 

Where are the points of dispute with Phillips?

Presumably you have records/proof whether complete or not, of what payments you made to them. Do they match up with what documents Phillips have sent you with their version of what's been paid? If not, how do they explain the discrepancies?

 

I'm a bit lost with reference to what is "reasonable" in terms of charges - where has that come from?

 

Bailiffs do seem to think they can make duplicate charges for one visit if they have more than one account to chase. You should ask what authority they are relying on for such a proposition - it isn't in any regs. I have seen.

 

Hi

 

The main thing and which started this was excessive charges, over £800 on a debt of £1600 around 54% fees on the debt. They have already agreed they have overcharged me 2 x van fees and are supposed to be sending a cheque for £160 to me. However, they charged 4 x van fees, and part of my argument is that the Bailiff only ever visited in a small van as that was his only mode of transport, so how can they add another 2 van fees on top. They visited maybe 3 or 4 times in total and their fees including a WP could be legitimately calculated to around £80 - £100 max.

 

However, I DO have a record of all my payments and there is still a small discrepency, but the paperwork they sent me does not all tally with mine, I have paperwork they left me which clearly shows WP, First visit and Levy fees etc way above the rates they are legitimatly allowed to charge, but as this went on they seem to have not stuck to these figures and instead charge 3 or 4 times the same fee for the same visit, and they say they can do this because there was 4 x accounts with them. I queried this also with National Debt Helpline and they said they cannot do this, the fees have to be "fair and reasonable" and if they are visiting, they charge one fee even if you do have 2 or 3 or 4 accounts with them.

 

Philips however, do not agree with this and state they are "legally allowed to charge fees for each liability order issued" Now the problem is, I have searched and searched and I cannot find anything in print that states they can or cannot do this, it is always stated as "fair and reasonable" or set fees eg £11.00 £22.50 etc etc. Van fees are stated as again "fair and reasonable" which leaves it open to much interpretation.

 

I am now at the stage where I have to issue a court summons or drop it!! also as I stated they have told the council they posted a cheque to me 2nd August, the council confirmed this in writing, but this has still not arrived. The Council say the matter is closed, but I could quite easily arrange a meeting with the Local Taxation Officer and show him what I have, but the Council and Philips are not really interested they will only take notice if I go through with my threats, so my only course of action in my opinion now is to issue the summons.

 

So I was going to go over things again this weekend then decide!! any advice BotB is welcome.

 

Chris