Phillips Debt Collection Bailiffs

[stutoon76]

Re: Phillips Debt Collection Bailiffs

I arranged to make 2 x payments but missed March Payment but knew I would have to pay the full amount in April £250. The only contact I had with them since our arrangement was a letter 3 weeks ago stating a bailiff had attended my address on 2nd April and I now owe £465. I quickly paid the original £250 and they claim they have evidence of the bailiff showing up and have now sent another letter demanding the £215 be paid or another bailiff will be sent. I have spoke with the court and there is still a distress warrant out on me and the speeding fine I got of £165 has not been paid, I thought this sort of debt was more important than anything else but it appears paying for a bailiff that never attended is more important than the court getting their money. What do I put in a written appeal as they say this is the only chance I have and can a bailiff come to my address whilst this appeal is being dealt with.
Please advise, many thanks.

[labman]

Re: Phillips Debt Collection Bailiffs

The appeal should state clearly exactly what has happened. A timeline is often a good way to show dates clearly. After this you can then state your case of 'Supposed Attendance by bailiff,' and the fact that you were in all day and no bailiff attended. If they have proof the bailiff attended, let them produce it - it would be interesting to see what it is.

I honestly don't the timescale of an appeal, but I would try to get a SAR to the bailiffs to see exactly what they have got about you. There is a good example for you.

As for enforcement action, I'm afraid I don't know, but I would imagine you could ask the court to suspend any further enforcement action pending the outcome of your appeal.

I've copied below a bit straight from the bailiff sticky on Magistrates Court fines which I assume you've read. Have these been done or complied with? Did you receive the 'Further Steps Notice?' Have you asked to see the distress warrant etc... You must make sure all of these have been done. Of particularly significance here is the part stating about the visit if you are out:

Firstly, under Stage 2 of the procedure above, you can see a ‘Further Steps Notice’ should be sent out after a missed payment. Many companies do not do this and pass the account straight to bailiffs. If you did not receive this, you should contact the court and ask them if this was sent; if not, why not, and if not please will they call off the enforcement agents until such time as they follow the correct procedure.

If you have failed to pay, or missed a payment on a Magistrates’ Court fine, it is likely you will receive a visit from an enforcement officer enforcing the distress warrant. They must do this within 180 days of it being issued. You have rights here, and these should be exercised. You have the right to see the warrant as the person against whom it is levied. The enforcement officer does not have to have it on him, but he must tell you where and when you can see it.

He must tell you how much the levy is for, and why you have incurred it. He must also show proof of his identity.

Sadly many bailiffs refuse to show the Distress Warrant. It is hard to understand why they would do this if the Distress Warrant is valid.

Another important point for Distress Warrants and Financial Arrest Warrants is that if, on his first visit, the enforcement officer does not make contact with you, he must put through your letterbox a letter with the time and date of his visit, and include on this any specific identifying marks of your property, such as the colour of the door, the colour of the house, permanent garden features etc… This acts as proof of his visit, but is also invaluable later on when checking his fees, as obviously this visit is chargeable, even though you were not there.

If the bailiff fails to abide by any of the above points, you should complain to the Court Manager, ensuring you get at least Proof of Postage.

Read more at: Magistrates' Courts Fines - Legal Beagles Consumer Forum

Here's the SAR:

Adapt as necessary

Dear Sir/Madam

Data Protection Act 1998 Subject Access Request

I was visited by (name bailiffs) on (date) and was pressured into paying the sum of £*** for an alleged (state the reason for visit and the date).

The bailiffs did not provide any written authorisation that they were acting on behalf of the council/authority. Their approach was to bully me into paying. I mentioned that by paying the bill, I would be left without any money and their response was that they were in possession of a warrant to enter my house by any means and would take goods and I would have further fees to pay. At this point, not knowing the procedure and my rights, I paid, although I was not shown a warrant.

Accordingly, kindly provide full and complete copies of any and all data you hold which relates to me and my entire history with your company. I have enclosed the statutory maximum of £10.

For the avoidance of doubt, take note that the enclosed cheque is payment for the fee relating to my Subject Access Request only and not a payment of any other kind or to be used for any other purpose. If you do not require a fee in order to process my Subject Access Request then kindly return or destroy my cheque.

For your convenience I have detailed below a list of what I require, although this is not an exhaustive list by any means and is just an example of some of the information I require with regard to any accounts I may have had or may still have with your company.

1. Computer screen notes relating to the conduct of my account
2. Computer screen notes relating to transactions that have gone through my account
3. Internal messages or notes relating to the conduct of my account
4. Internal messages or notes relating to transactions that have gone through my account
5. Recordings of any telephone conversations, whether internal or external, relating to my account
6. Copies of any e-mail's, or other electronic communications, whether internal or external, relating my account
7. Copies of letters relating to my account
8. All information relating to litigation that has taken place on my account
9. A detailed statement of account showing a breakdown of all costs charged, showing in each case the reason for the cost and the actual cost against that item
10. Copies of all reviews conducted relating to my account
11. For any cost which relates to an attendance fee, kindly state the date and precise time of the attendance and the name of the certificated bailiff making each attendance with the name of the county court where the relevant bailiff obtained his or her certificate
12. Copies of all relevant paperwork created as a result of any and all visits ever made to me along with details of the results of each visit
13. Copies of any and all documentation issued to me or left at my property after each visit was made including details of the date and precise time of the visit and the charges incurred; this must include the name of the bailiffs who attended

I trust that the above is clear and should you be in any doubt as to your obligations as a Data Controller, then I would advise that you consult your corporate counsel.

As detailed above, I have enclosed the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you visited me at and at which your bailiffs relieved me of the sum of £***.

Yours faithfully


(Your Name)