Bailiff charges and Phillips

[shakou]

Hi, I am new to this forum, 1st post etc.......

I am having issues with Phillips at the minute. I have been trying for months to sort out an arrangement with them to no avail. I have tried calling and only get automated responses asking to pay a sum I don't feel I should have to pay, namely their massive charges.

The original fine was £90. I was never notified of this by the court and 5 months later I start getting letters from Phillips stating they have been contacting me, making visits etc which I feel is a lie.

I spoke to a girl there today who called me and I explained all of this and that I am willing to clear the £90 come payday but the charges....I am unwilling to accept these. From what I have read on Magistrates Court fines

It appears that the charges would never be upheld in court however, the girl I spoke to who was really rude just insisted that they can enter my home and take my goods for the charges. I told her I had done some research and that I thought she was wrong so she put me on hold for like 10 seconds, came back stating she had done some research also and that they can take my stuff for charges?! I asked what the website was she looked at and she said she had merely asked a colleague who was a bailiff. She kept saying "so yoy are refusing to pay the amount" putting words in my mouth, she wouldn't listen to my point and hung up.

I'm now really worried about some guy entering my home after I have tried with these people and gotten nowhere. I think my question is this.....

If I clear the original debt can they still take me for their charges or in order to try to get something for them and as they are a separate charge from the original fine, then doesn't it have to go back to court as a separate issue in order for them to enter my home as the court never fined me £365 in the 1st place?

Any advice is greatly appreciated.

Thanks
K

[Amy]

Re: Bailiff charges and Phillips

What kind of fine does this debt relate to?

[shakou]

Re: Bailiff charges and Phillips

It's a Magistrates fine, driving offence....Should've posted that detail.

Cheers

[Amy]

Re: Bailiff charges and Phillips

Philips should only charge for work they have actually carried out. Do you have a reason to believe they have not made the visits they claim to have made?

They are correct in that they can break into your home because this is a magistrates' court fine, but you should bear in mind this is extremely rare.

Have you asked for a breakdown of the charges?

Have a read here Bailiff Guide - Legal Beagles Consumer Forum and post back with any questions.

[shakou]

Re: Bailiff charges and Phillips

Not entirely sure I can prove that they weren't at my door, it really is my word against theirs but they are claiming that I automatically qualify for their £200 charge just for being late on a payment which I didn't know I had until they sent me a letter 5 months after the fact. According to their computers the bailiff attended in May....Which he didn't.

This is the 3rd time the court has done this. The 1st was a speeding fine which I negotiated back to the original payment of £60. the 2nd one is this and the last one I got another letter stating I had been fined £220 for a producer in November. I got that letter in May stating I had been fined for no MOT. I produced, with swine flu which the guy wasn't happy about? They say that as they show the letter went out on their system they can't do anything but I work for a company that has 6.5 million customers and know for a fact that mail goes undelivered but they use this as fact.....It's so frustrating.

Makes me sound like I'm playing the victim but it's true. If this this last letter hadn't gotten to me then Phillips would have me rigged up intravenously.

Can I negotiate this or have it sent back to court...how much force can they use to obtain entry? I'm only disputing their charges, I'll pay but until now, 8 months after the fact, I have managed to speak to someone who insists they are gonna break down my door?!

[righty]

Re: Bailiff charges and Phillips

You may be interested in this

http://www.whatdotheyknow.com/reques...ee_explanation
Apparently the Met Police are using section 44 powers to stop & retain drivers who haven’t paid parking tickets. They are detaining them until the collector arrives. Also its understood that they stop them when the info, which should not be there anyway unless its a warrant for an unpaid fine or council tax, pings the ANPR.
Even without section 44 & despite the police arguing that those who have unpaid parking tickets are more likely to be involved in crime which is nonsense this is a wholly illegal use of police powers.
It’s clear from this & all we have seen in the last few days, weeks & months there are some police forces who are running amok & must be reined in & the sooner the better otherwise this will be just a fore runner of what’s about to happen.
Remember there are those in government who like Blair think you should be stopped from travelling anywhere from a port if you have unpaid council tax or any County Court Judgements awarded against you.
George had no idea how bad it would get

[shakou]

Re: Bailiff charges and Phillips

Hi Amy, thanks for that link. I had a read through it and it doesn't answer my question. I just had another letter saying I have 7 days left or they will enter my home. I know it says that this is rare but after my conversation with their advisor, I have a feeling that she has put down that I am completely unwilling to pay which I'm not.

I just need to know if there is a way to dispute their charges and if I clear the amount originally owed then can they really start threatening me for their charges as they are a separate issue to my fine. They really don't want to listen to anything which is frustrating. They are rude and condescending on the telephone and it just angers you, I'm so frustrated with them.

@Righty, thats an interesting link mate but I have no car any more. Sold it to pay a monstrous vet bill for my cat and I have very little in my house of any worth, I'm not in to gadgets, my telly is old, my table is my friends. all I have is a sofa, wardrobe, bed and a broken bike really so even if they did enter there is little they could take. Not that I'm destitute but I just don't go for the trappings of modern life!

Cheers
k

[Amy]

Re: Bailiff charges and Phillips

Stop telephoning them and write to them instead, or at least follow up any calls with a letter of confirmation so you have a record.

Have you sent the Subject Access Request from the bailiff guide?