Distress warrant

[tinman]

please can someone give me some advise

I had a letter from DVLA about not sending a log book off for a car that i sold 80 pound fine, i had sold the car to a scrap dealer who said he would put scraped on the log book when he scraped the car, he never did and sold it someone elce,
after having no luck contacting him, i recived a fine from magistrates court for 110 pounds, on the 29th of march i got a letter from hmcs court service saying that the amount must be paid in full and enforcement action had commenced and i had 10 days to pay the full amount.
i borrowed the money from my sister and paid the fine by her debit card, gave me a reff number after makeing payment,
on the 1st of April 2 DAYS later i got a letter from philips bailiffs saying i had 275 pounds still outstanding and despite previous correspondence and attendance to my premises i had failed to make payment, THEY HAD NEVER SENT ME ANY LETTERS OR BEEN OUT TO MY PREMISES, have phoned the court no help stopping them, and philips they came out last week demanding money i didnt let them in, said they will be back with a locksmith and it was now 325 pounds they wanted, not intrested whean i said id paid 120 pounds, said it was to late

[Amy]

Re: Distress warrant

You need to put this in writing to Philips making it very clear that they will not be getting anything else and if possible, include a receipt from the payment your sister made.

[tinman]

Philips Bailiff

Does anyone know how long it takes for a warrant to be sent back to court?

had a letter from court dated 29th march, telling me that my debt was going to be past to philips bailifts and i had 10 days to pay, borrowed the money off my sister and paid the fine on the 30th by debit card gave me a receipt number,

on the 1st of April got a letter from philips bailifts saying i owed 275 pounds and that despite previous correspondence and attendance to my premises i had failed to pay my arrears, THEY HAD NEVER BEEN OUT TO MY HOUSE OR ANY CORRESPONDENCE

iv phoned the court they said they can do nothing , iv now had philips to my house i didnot let them in, was told they would sent it back to court and id be arrested

[tinman]

Re: Distress warrant

THANKS Amy iv shown them a receipt for payment and there letter dated 1st of april and told them that they had never been out before and that i wasnt going to pay them anything, they said that they wanted to come in the house to list goods whean i told them that no way was they coming in the house they said they would be back with a lock smith. have phoned philips and i was told it would be sent back to court and id be arrested, not at all botherd about been arrested at least i might be able to get rid of the LYING ROBBING PHILIPS BAILIFTS Do you know how long it will take for this to go back to court, iv put bolts on my doors and borrowing my friends dog tomorow philips wont come in the house while she is there lol

[Amy]

Re: Distress warrant

They cannot send anything back to court if you have already paid, but you should put it all in writing to them.

[tinman]

Re: Distress warrant

THANKS Amy
ill get the paperwork photo copied tomorrow and send it off to them with a letter from headway, im a survivor of a brain injury and have had help from headway a registered charity, i had my house broken into 4 years ago and to men with base ball bats demanded my car keys and kept hiting me with base ball bats, had to have half my skull remade and spent 3 years in hospital so dont like bailifts braking into my house, headway have sent a letter to dvla and the court but hasnt stopt the bailifts texting 4 times a day and now caling to my home, if i was to be arrested then this would bee all sorted out in court, iv paid in the time they gave me, just want them to leave me alone

[Amy]

Re: Distress warrant

Leave it with me, I'll put something together for you to send them.

[tinman]

Re: Distress warrant

Thank you Amy
Any help would be appreciated:beagle:

[Amy]

Re: Distress warrant

Letter is done, I just need to know if you have the name of this bailiff and whether you have checked his certification?

[tinman]

Re: Distress warrant

THANKS Amy
no i havent , the 1st one that came out just parked outside the house left his car door open and the engine running, knocked at my door and asked for me waving a letter i hadnt i clue who he was so said not me, said he was a bailif and flashed a card, said he needed to hand this letter, went away then 10 min later i saw another car pull up same type of car different coulor Rover 200 two blokes with clip boards got out and said they wanted to come in the house i showed them letters that it had been paid, said i still had outstanding det they wanted paying, never saw any paperwork prove this, told them where to go and shut the door, they said they would be back with a lock smith , i phoned philips and was told because i wasnt playing ball it would go back to court and there would be a warrant for my arrest

[Amy]

Re: Distress warrant

Have a read of this and if anything needs editing or changing then we can sort that out. I'll also rehash this letter and you can send a similar letter to Philips.


Your address


Clerk of the Justices
……………….. Magistrate Court

Dear Mr/Mrs..................

COMPLAINT

Reference: ………………………

The above referenced fine was paid in full via (name of bank) debit card on 30th March 2010. For your convenience and information I enclose a copy of the receipt as proof of this together with the reference number I was given on completing the payment transaction.

However, on 1st April I received communication from Philips Collection Services that my fine had leapt inexplicably in the space of two days and now stood at £275. Philips have been provided with proof of full payment being made before they escalated their fees, but refuse to acknowledge this fact and continue to harass me at my home and via telephone. Unbelievably, Philips are now threatening my arrest and forcing entry to my home. The fine has further been inflated and now stands at £325.

I telephoned (court) on (date) and spoke to (name) requesting some advice and help in resolving this situation, I was told that there was nothing that could be done to stop Philips despite the fact that no debt even exists.

I believe the practice of adding nefarious fees by Philips to be deliberate and I also assert that (court) should not and cannot hide behind a “blind eye defence” to their behaviour given that Philips are acting under your direct authority.

I am sure you are aware that a bailiff charging for work he has not carried out is fraud.

Lord Lucas asked Her Majesty’s Government:

Whether a bailiff who repeatedly charges for work that has not been done commits a fraud within the meaning of Sections 1 to 5 of the Fraud Act 2006; and, if so, which sections of the Act apply; and whether it would be right for the police to claim that such an action is a civil and not a criminal matter. [HL2743]

20 Apr 2007 : Column WA94

The Minister of State, Home Office (Baroness Scotland of Asthal): A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 1 of the 2006 Act contains the new general offence of fraud. One means by which this offence can be committed is set out in Section 2, on fraud by false representation. This section applies where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss. It is also possible that, where a bailiff repeatedly charges for work that has not been done, this conduct will amount to fraudulent trading either under Section 9 of the 2006 Act or under the provisions on fraudulent trading in company legislation.

I can see no other reason for the addition of yet more fees by Philips other than to earn them money to which they are not entitled and as above, this is fraud.

Notwithstanding the above, The National Standards for Enforcement Agents states among other things the following “Enforcement agents must carry out their duties in a professional, calm and dignified manner. They must dress appropriately and act with discretion and fairness. Enforcement agents must not misrepresent their powers, qualifications, capacities, experience or abilities.” Vulnerable situations

Those who might be potentially vulnerable include:
the elderly;
people with a disability;
the seriously ill;
the recently bereaved;
single parent families;
pregnant women;
unemployed people; and,
those who have obvious difficulty in understanding, speaking or reading English.

I had my house broken into 4 years ago and as a result of the attack on me I spent 3 years in hospital. Headway, a registered charity that works to improve life after brain injury has also kindly written to (court), seemingly to no avail.

I cannot begin to describe the anguish I feel as a direct result of this threat to break in to my home by Philips, under your authority, to collect a debt that has already been paid in full.

I look forward to your comments on the above points raised and to learn what action will be taken against Philips Collection Services and court clerical staff in order that this does not happen to another individual.

Yours sincerely,

[Dougal16T]

Re: Distress warrant

Good evening,

Just wanted to say that this brilliant work Amy.

Best wishes to all

Dougal

[Boswell]

Re: Philips Bailiff

Hi, there seems to be quite a lot of posts on here re; Phillips i suggest you trawl them for similarities.
Did you have any arrears due prior to making the payment?
I would suggest that they have jumped the gun with you and tht you wouldn't pay in time and the arrears are their supposed charges.
If you have paid the court before the required date and have a receipt your in the clear and there is no "warrant to execute"
It might also be worth a visit to the court and have a word with the fines clerk and seek their advice
As for their previous fictitious correspondence and visits ask them to prove it, which they can't. If you write to them make sure you send it recorded but don't sign your name only print it.
Other than that i think your Ok, but dont turn your back on them.
Cheers,
Boswell

[tinman]

Re: Philips Bailiff

THANKS Yes i think they have jumped the gun, no nothing from philips just a letter from court saying that enforcement action has commenced and i had 10 days to pay the full amount 110 pounds witch i did, letter went on to say that on receipt of the distress warrant the bailiffs would add additional costs up to 275 pounds.

[tinman]

Re: Distress warrant

THANKS Amy Thank you yes thats BRILLIANT