Philips Bailiffs

[Guest Mumofthreeboys]

chrismc, thanks again for all your help.

 

DH's fines weren't parking tickets, he got them from driving through a bus lane (albeit, for about 5 seconds). But they have cameras, etc, etc.

 

I'm writing to Crichtons (hopefully today) because their DPA data is wrong and maybe, just maybe, get the ridiculous £230 for a van taken off. They also applied 2 x £50 when they 'visited' one for each ticket, but it was to the same address, so I'll be challenging them on that too.

 

I'll keep you posted, thanks again, MOTB

[chrismc]

chrismc, thanks again for all your help.

 

DH's fines weren't parking tickets, he got them from driving through a bus lane (albeit, for about 5 seconds). But they have cameras, etc, etc.

 

I'm writing to Crichtons (hopefully today) because their DPA data is wrong and maybe, just maybe, get the ridiculous £230 for a van taken off. They also applied 2 x £50 when they 'visited' one for each ticket, but it was to the same address, so I'll be challenging them on that too.

 

I'll keep you posted, thanks again, MOTB

 

Ok mumofthreeboys.....just keep at them, if you are right they will have to back down eventually if you are persistent enough.

 

Good luck

chris

[chrismc]

DPA request letter sent 30th May 2006 Recorded Delivery with £10.00 fee.

[Guest Mumofthreeboys]

Good luck xx

[MARTIN3030]

Well done Chris..............as you have probably seen if you been reading here,banks are erratic in taking/giving back the charge (£10)....some taking a fiver some taking the tenner some taking nothing and returning the lot.

 

One thing I am pretty sure of here tho I bet the Baliff will take the lot !!!

 

Armed with all the facts and also the determination gives you a great upper hand.

I know lots here will be following your progress.

 

Incidentally read about your parking charges...........

 

Theres another great story about a guy who avoided paying his.

Apparantly the bill of rights forbids penalties to be issued outside a court.

 

I wish I could have seen the faces of the top brass when he challenged it

 

[Guest Mumofthreeboys]

I sent my DPA to Crichtons & Co and in the letter I stated I'd enclosed a cheque for £10, but I genuinely forgot to put it in!!!

 

They sent me the information and pointed out that I had omitted the cheque, but said they would waive the fee in this instance (bet they wouldn't have if I'd enclosed it)!!!!!!

[chrismc]

I sent my DPA to Crichtons & Co and in the letter I stated I'd enclosed a cheque for £10, but I genuinely forgot to put it in!!!

 

They sent me the information and pointed out that I had omitted the cheque, but said they would waive the fee in this instance (bet they wouldn't have if I'd enclosed it)!!!!!!

 

Maybe that is a new tact to take :) and yes I am sure they would have cashed it, or maybe they realise they would have to pay it back anyway eventually

[chrismc]

Well done Chris..............as you have probably seen if you been reading here,banks are erratic in taking/giving back the charge (£10)....some taking a fiver some taking the tenner some taking nothing and returning the lot.

 

One thing I am pretty sure of here tho I bet the Baliff will take the lot !!!

 

Armed with all the facts and also the determination gives you a great upper hand.

I know lots here will be following your progress.

 

Incidentally read about your parking charges...........

 

Theres another great story about a guy who avoided paying his.

Apparantly the bill of rights forbids penalties to be issued outside a court.

 

I wish I could have seen the faces of the top brass when he challenged it

 

 

Yes Martin, I would put money on the Bailiffs keeping the money, but time will tell

 

So are you saying we should all park outside Court Buildings

[MARTIN3030]

Of course not..................................we dont want to be seen to be acting like the banks (no regard to the law)

 

 

 

 

[chrismc]

Of course not..................................we dont want to be seen to be acting like the banks (no regard to the law)

 

 

 

 

Makes you wanna try though don't it

[Guest Mumofthreeboys]

I received the DPA information very quickly, but it's incorrect......

 

They show a visit on 20th April, allegedly turned up with a bailiff and a van and a porter (and have charged £230 + £2 x £50 for each ticket). Can't confirm that they ever did show up because we were all out. But nothing was put through the door on that day.

 

They didn't contact us again until May when they put a note through the door to say they'd been (not in an envelope though, which I thought they had to do)!!

 

So, if the DPA information is incorrect have I got a good case that their records are completely inaccurate and challenge them about their charges???

 

What are the legalities on incorrect DPA information - does anyone know???

[chrismc]

I received the DPA information very quickly, but it's incorrect......

 

They show a visit on 20th April, allegedly turned up with a bailiff and a van and a porter (and have charged £230 + £2 x £50 for each ticket). Can't confirm that they ever did show up because we were all out. But nothing was put through the door on that day.

 

They didn't contact us again until May when they put a note through the door to say they'd been (not in an envelope though, which I thought they had to do)!!

 

So, if the DPA information is incorrect have I got a good case that their records are completely inaccurate and challenge them about their charges???

 

What are the legalities on incorrect DPA information - does anyone know???

 

Hi mum

 

I am not sure of the legal position here with regards to incorrrect information, but I would have thought they would have to prove they have visited somehow, to be able to extract extortionate charges from you in the first place. The fee for a van etc seems way over the top if you read the list of charges in one of my links above.

 

I once challenged parking ticket bailiff fees and they could not provethey had actually been to visit, so they dropped the case completely but not sure really where you stand.

 

Interestingly I have not heard a thing from Philips apart from them cashing the cheque, whereas at least the banks tend to reply to you, but that is bailiffs for you!!

 

I will see if I can find anything foir you on this.

 

Chris

[Rich44]

They did similar to me although when they called my partner answered the door and I stayed out the way, they then claimed van costs etc till I pointed out we had photos of the bailiff getting into his car and NO van

 

hehehehehe ***** (MOD: Language please!)

[chrismc]

They did similar to me although when they called my partner answered the door and I stayed out the way, they then claimed van costs etc till I pointed out we had photos of the bailiff getting into his car and NO van

 

hehehehehe ***** (MOD: Language please!)

 

Yes you have got to watch them, they think they can do what they want just because people do not stand up to them. But we are now fighting back......Come the Revolution guys!!!! :)

[Guest Mumofthreeboys]

Hi mum

 

I will see if I can find anything foir you on this.

 

Chris

 

Hi Chris,

 

I will be challenging them for the extortionate costs of a van (if they can prove they turned up in one) thanks to what I read in one of your links

 

But if I can go one further and they have to throw the whole thing out because their records are incorrect .....................

 

Your a star, thank you, MOTB xx

[chrismc]

Hi Chris,

 

I will be challenging them for the extortionate costs of a van (if they can prove they turned up in one) thanks to what I read in one of your links

 

But if I can go one further and they have to throw the whole thing out because their records are incorrect .....................

 

Your a star, thank you, MOTB xx

You're welcome Mum...I am going to be challenging them as soon as I get my DPA info through, I am ready for a battle with this lot, they cashed my DPA cheque and I have heard nothing since, but I am ready for them he he

 

Good luck

Chris

[Guest Mumofthreeboys]

... but I am ready for them he he

 

Good luck

Chris

 

I bet you are!!! They'll wish they never started with you

[Rich44]

Fair enough mods about the language but there have been many other threads with similar comments or with similar words with a gap in between them, ill be more careful next time (even tho its not swearing)

[chrismc]

Well I received a small packet this morning, probably only 5 pages of information it it, on a quick inspection there seems to be a lot missing, will have to take a good look through later today. A few interesting notes though, will post more later!!

 

Oh and no letter or by your leave, just the docs in a brown envelope sent 2nd Class of course.

[chrismc]

Update:

I have received some documents today from Philips, it is obvious no where near all of them, as things do not tally with original paperwork left with me. The amounts shown as paid on the case notes they sent me are no where near what I have paid and do not in my view show all their fees and charges.

Also I requested in my S7 DPA letter a complete breakdown of their costs in relation to those applied to all my accounts which I have not received, or which have been given in a very vague way in my case notes, but again not in their entirety.

So I guess I need to write back to them again requesting full disclosure, do you agree?

Interestingly they have sent me various notes on my accounts with them and from these I can get a insight into other scams they pull,

Here are a few:-

I had three accounts with them, they visited on various occasions, and it looks to me from the basic information they have supplied that they have charged 3 x visit fees for the three accounts even though it was all one visit on one day. But because three accounts were being chased they have applied three charges for the same visit.

An example: Van Visit (in reality this is just a normal visit as the bailiff always arrived in a small van anyway and never drove anything else)

Sept 21 Van fee (but listed separately on each account)

Charge One – £80.00

Charge Two - £40.00

Charge Three - £80.00 all three look to have been applied to the same visit, but because they have listed them on different accounts they think they can charge three times?

There are one or two similar charges to this.

Also I was out of the country once and when I came home my car had been clamped, the Bailiff told me he would take it away if I did not pay up, (unfortunately I was not as knowledgeable as I am now) the notes tell me a different thing, they state

“asked for approval to remove, if not paid in full. Vehicle on finance so cannot be removed”

so using very underhand tactics to bully or frighten debtor. It then goes on to say

WBC (Local Authority) prefers to use threat of removal only as lever for payment, Bailiff advised not to remove.

So we can see from this a little of what actually goes on behind the scenes, I need to ask advice from anyone who knows, I obviously have to get proof of the rest of the fees and charges in my hands first, they have in my opinion not complied with the rules and regulations under the DPA in full, what is the best way to tackle this.

Thanks for your help.

[chrismc]

The other question I need to ask here is: under the DPA do they have to provide me with a full list of charges? I assume so as they have been applied to accounts they have acted on in my name, but has anyone got any other info that will help so I can put pressure on them?

[BotB]

The amounts shown as paid on the case notes they sent me are no where near what I have paid and do not in my view show all their fees and charges.

 

Go through their charges and try to match up as far as you can with what you have paid. You'll need bank statements etc. for this. See what you have got left over that's not accounted for in their docs.

 

But because three accounts were being chased they have applied three charges for the same visit

 

Yes that's one of their scams. In my opinion, this kind of thing is fraudulent.

Inform them you have perused the such and such Regulations 19 whatever and there is no authority for applying multiple charges where only one visit is made on a number of accounts.

These people have no idea whether you're right or wrong because they never read the Regs themselves anyway much less understand what they are.

 

they have in my opinion not complied with the rules and regulations under the DPA in full, what is the best way to tackle this.

 

Write to them asking for a proper itemised breakdown of charges with relevant dates and refer to the National Standards for Enforcement Agents with which they have not complied:

 

Enforcement agents will on each and every occasion when a visit is made to a debtor's property which incurs a fee for the debtor, leave a notice detailing the fees charged to date, including the one for that visit, and the fees which will be incurred if further action becomes necessary. If a written request is made an itemised account of fees will be provided.

 

Don't get too hung up on Data protection now, the sparse information is actually to your advantage because the truth is, bailiffs record keeping is rubbish and its what leads to their downfall in the end. They don't keep proper records. As long as you have kept anything they did leave - notes, cards, letters etc. that's ok.

The threat of taking them to Court and the disclosure they will have to make then can be very persuasive - basically, like the banks over their charges, they'd rather pay you as an individual back than have the whole country start to realise what they're game is.

[chrismc]

Thanks BotB......I am working on a reply letter now again requesting a breakdown of charges.

[chrismc]

Ok this is my next letter any comments before I send it Recorded Delivery on Monday

 

 

 

Dear Sirs,

Re: Section 7 Data Protection Act 1998

Subject Access Request

Further to my letter dated 30th May 2006, I received today only very limited information in partial compliance of Section 7 of the Data Protection Act 1998 – Subject Access Request.

I did not however receive any information in relation to your companies charges and fees applied to the three above accounts as specifically requested in my previous letter.

I now ask once again for a proper itemised breakdown of charges with relevant dates for each charge, compliant with the National Standards for Enforcement Agents 2002 as issued by The Lord Chancellor's Department with which you have not complied. Under the above Standards and legislation you have a duty to supply the information requested.

May I also point out the following conditions as specified under the National Standards for Enforcement Agents 2002

• Enforcement agencies must keep a complete record of all financial transactions in whatever capacity undertaken.

• Enforcement agents will on each and every occasion when a visit is made to a debtor's property which incurs a fee for the debtor, leave a notice detailing the fees charged to date, including the one for that visit, and the fees which will be incurred if further action becomes necessary. If a written request is made an itemised account of fees will be provided.

I remind you in compliance with S7 of Data Protection Act you have 40 days as from the 30th May 2006 with which to comply. A cheque for £10.00 in respect of the statutory maximum fee payable for this request has already been sent and cashed by yourselves.

 

Yours faithfully

 

etc etc

[elsinore]

Ok this is my next letter any comments before I send it Recorded Delivery on Monday

 

Hello chrismc, saw your last post on my thread and came across to read yours.

 

Your letter looks good to me, I can see it being copied and used by others.

 

How about adding, at the bottom of your letter, "Copy to XXXXXXXXXX Council"?

 

Whether you actually send your local authority a copy at this stage, is up to you.

 

If it was me, I would be at the council offices on Monday with said copy and a list of the charges that Philips made . I would not leave until I had received assurance that it had reached the desk of the chief financial officer, or whatever he/she is called. The sooner the council know what their appointed bailiffs are up to, the better.

 

In any event, the appearance of the phrase on the bottom of your letter should serve to put the wind up Philips and, at least, cause them to comply.

 

Onwards and upwards

 

Elsinore