Help regarding my mum and philips collection agency

[richardson]

Hi, im new here and looking for some advice-im hoping someone here can help me
My mum received a letter hand delivered through the door - it was a 'notice of attendance' from Philips collections agency demanding a sum of 471.81 from their client HFC bank ?

My mum doesnt know what this is in regards too but she did have a few debts around 10/15 years ago before she changed address - but has had none since.
She/we are a little apprehensive about calling them as we dont really know where we stand if the debt is her debt -if you know what i mean!?

she is unable to pay the amount they are asking as she is only receiving esa and dla for depression. (it says at the bottom that they can refuse an offer of payments by installments)

As the letter states, they will be returning to her house to 'undertake recovery procedures', she lives on her own - what shall i advise her to do?

-can they return to her house and take her things?
(to be honest i dont think she has anything of value but its still not very nice thing to have to go through)

Can we ask for proof that the debt is even hers? - what proof do they have to give? -sorry for all the questions!!
please any help will be greatly received , thankyou
Leanne

[Amy]

Re: Help regarding my mum and philips collection agency

You need to tell her to ignore this if she is sure it is from a bank such as HFC.

If it is council tax or they are chasing a debt which has a judgment then this would be worth worrying about.

From you have written above, this is nothing but hot air.

[richardson]

Re: Help regarding my mum and philips collection agency

Hi, thanx for your reply - it says on the letter that the client is HFC bank - i googled them and it seem they are a credit lending company ?
Should we bother asking for proof of the debt? - from what i have read (and i have been reading for hours!) they are not a nice company to have to deal with (philips)

Thankyou once again
Leanne

[Amy]

Re: Help regarding my mum and philips collection agency

Seriously, if the debt is as old as you say it is, file it in the B1N.

[richardson]

Re: Help regarding my mum and philips collection agency

Thankyou x

[Dougal16T]

Re: Help regarding my mum and philips collection agency

Seriously, if the debt is as old as you say it is, file it in the B1N.

Good morning.

Whilst I agree 100% with Amy, I do counsel great caution. I think it is wise to be prepared in case 'Philips' decide to visit anyway. It is all too often the case that these clowns ignore correspondence.

I suggest you send them the following (if you wish - and it should be sent Recorded Delivery) to 'lock the stable door'....

YOUR REF Philips

Dear
I refer to your recent correspondence.

I note it is your intention to arrange a “doorstep call and visit - to undertake recover procedures”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and civil action will be taken.

I trust I make myself clear.

Yours

IMPORTANT DO NOT SIGN THE LETTER WITH YOUR NAME AS A SIGNATURE USE A 'SQUIGGLE' WHICH IS NOT YOUR USUAL SIGNATURE, BECAUSE IT IS NOT UNKNOWN FOR THESE HOOLIGANS TO 'SCAN' AND INSERT A SIGNATURE INTO BLANK DOCUMENTS!!

[Should they be foolish enough to call at your door:

1, Order them to leave in words of your choosing.
2. If possible photograph the doorstepper and note his vehicle registration number.
3. Should they fail to leave telephone the Police and report a breach of the Peace, and an offence under the Protection from Harrassment Act 1997]

Protection from Harrassment Act 1997: Elements of Offences

Offence of Harassment - Section 2

Archbold: 19-277b
The elements of the section 2 offence are:
Section 1(1)

• a course of conduct;
• which amounts to harassment of another;
• which the defendant knows, or ought to know amounts to harassment of another.

Section 7 (Archbold: 19-277g) defines a course of conduct as involving conduct on at least two occasions.

The first would be the letter and the second the visit.

Harassment is not defined, but includes causing alarm or distress, and conduct is defined as including speech.


Hope this helps and gives your Mum a bit of 'peace of mind'


As always


Best wishes


Dougal

[sweep]

Re: Help regarding my mum and philips collection agency

Hello - Sorry to hi jack this thread, but I too received a similar hand delivered letter from Philips on Friday....same layout except mine does not say who the debt was with & reads statute barred

So may I use the letter also from Dougal 16T?

I feel physically sick about this bailiff..............

[Amy]

Re: Help regarding my mum and philips collection agency

Philips in this regard are not bailiffs, unless this is for a judgment debt with the bank, so there is nothing to be scared of.

It would be like me turning up at your door demanding you pay me x amount of money - you'd soon tell me where to go.

[sweep]

Re: Help regarding my mum and philips collection agency

Philips in this regard are not bailiffs, unless this is for a judgment debt with the bank, so there is nothing to be scared of.

It would be like me turning up at your door demanding you pay me x amount of money - you'd soon tell me where to go.

Phew! thank you so much for replying.

[Amy]

Re: Help regarding my mum and philips collection agency

Phew! thank you so much for replying.

You're welcome x

[Dougal16T]

Re: Help regarding my mum and philips collection agency

Hello - Sorry to hi jack this thread, but I too received a similar hand delivered letter from Philips on Friday....same layout except mine does not say who the debt was with & reads statute barred

So may I use the letter also from Dougal 16T?

I feel physically sick about this bailiff..............

Good evening

Please feel free to use the letter I have suggested - it worked for me, and someone on this site let me use it some time ago.....

We are all in this together - to help each other-Please remember that there is help available 24/7 here.

My very best wishes to all

Dougal

Just an afterthought....what does Section 2 of the Fraud Act 2006 say:

2. Fraud by false representation

(1)A person is in breach of this section if he—
(a)dishonestly makes a false representation, and
(b)intends, by making the representation—
(i)to make a gain for himself or another, or
(ii)to cause loss to another or to expose another to a risk of loss.
(2)A representation is false if—
(a)it is untrue or misleading, and
(b)the person making it knows that it is, or might be, untrue or misleading.
(3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of—
(a)the person making the representation, or
(b)any other person.
(4)A representation may be express or implied.
(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

It would appear that there are Criminal offences being committed here by this company - perhaps they need reminding of the Law......