Philips

[Mrs James]

Re: Philips

Hi,

I'd like some more advice please if possible. I sent an email to Philips on the 25th January regarding harassment phone calls, to which I received this standard response via email:

Hello,

This message has been automatically generated in response to your email.

We will try to reply to you as soon as possible but please allow 7-10 working days for a response.

Your email has been assigned a reference number of [Philips *******] and will be handled by a member of staff as soon as possible.

Please include [**********] in the subject line of all future correspondence on this matter. To do so, you may reply to this message.

Thank you.

Philips

The calls are continuing, I've been getting 2 a day but so far today have received 3. They are automated messages asking me to phone them urgently. My question is, should I report them to Trading Standards now or wait the 7-10 days for their response?

Many thanks.

[Amy]

Re: Philips

The simple answer is not to email. Now they have your email address they will likely harass you by email.

Do it the old fashioned way and put the letter in the post.

[Mrs James]

Re: Philips

The simple answer is not to email. Now they have your email address they will likely harass you by email.

Do it the old fashioned way and put the letter in the post.

Ok, will do.

Thanks, Amy x

[Mrs James]

Re: Philips

Just a quick update. I've received this letter from them this morning.

NOTICE OF INTENTION TO ATTEND YOUR PREMISES TO COMMENCE ENFORCEMENT ACTION

Despite previous correspondence you have failed to clear your outstanding arrears. You must pay the full amount including costs IMMEDIATELY to prevent further action. If you are unable to pay the amount outstanding you are strongly advised to contact our office to discuss your payment options.

If you fail to make arrangement to clear your arrears you account may be issued to our removal Bailiffs for IMMEDIATE execution. The Bailiff may seek to force entry to your premises in order to seize and remove goods and arrange for them to be sold at public auction to clear your outstanding arrears.

Our removal Bailiffs have the power to enter your premises by force if necessary to execute Warrants as per Sch4A Magistrates Court Act 1980 as inserted by Sch of DVCV Act 2004.

DO NOT INGNORE THIS NOTICE AS YOU MAY INCUR ADDITIONAL CHARGES TO YOUR ACCOUNT

Can anyone explain what this means please:
Our removal Bailiffs have the power to enter your premises by force if necessary to execute Warrants as per Sch4A Magistrates Court Act 1980 as inserted by Sch of DVCV Act 2004.

Does this mean they can indeed force entry to my property?

[Mrs James]

Re: Philips

Ok, now I'm thoroughly confused, I've just Googled 'DVCV Act 2004' which is what they are quoting in their letter and it says this:

1. The Domestic Violence, Crime and Victims (DVCV) Act 2004 is the biggest overhaul of the law on domestic violence in the last 30 years. It contains a wide range of reforms in the three distinct areas; domestic violence, crime and victims. Its provisions will be commenced in stages.

What the hell!! ?

[Amy]

Re: Philips

Did you send the letter that Cet told you to send?

This fine is paid and they cannot enforce for their fees only. These are discharged on payment of the debt.

The Domestic Violence, Crime and Victims (DVCV) Act 2004 is the Act that gives Magistrates' bailiffs the power to break into your home - but not in this instance because the fine is paid. Philips are merely chancing their arm and hoping that you don't know the law.

Send the letter and complain.

[Mrs James]

Re: Philips

Did you send the letter that Cet told you to send?

This fine is paid and they cannot enforce for their fees only. These are discharged on payment of the debt.

The Domestic Violence, Crime and Victims (DVCV) Act 2004 is the Act that gives Magistrates' bailiffs the power to break into your home - but not in this instance because the fine is paid. Philips are merely chancing their arm and hoping that you don't know the law.

Send the letter and complain.

Hi Amy, and thanks for your response x

Yes I did but I've had no reply as yet. I'll send them a letter of complaint.

[Mrs James]

Re: Philips

Update:

I've received a reply to my request for a breakdown of their charges.
Fees/Charges
24 Sept 2010 Debt £60
25 Sept 2010 Admin Fee £75
11 Oct 20 10 Payment by D/C £1.00 (This is the charge they make for paying by Debit Card)
18th Oct 2010 Payment by D/C £1.00
25 Oct 2010 Payment by D/C £1.00
1 Nov 2010 Payment by D/C £1.00
9 Nov 2010 Payment by D/C £1.00
22 Nov 2010 Payment by D/C £1.00
30 Nov 2010 Payment by D/C £1.00
8 Dec 2010 Payment by D/C £1.00
20 Dec 2010 Payment by D/C £1.00
3 Jan 2011 Attendance Fee £200
10 Jan 2011 Payment by D/C £1.00

Payments Received
11 Oct 2010 £11
18 Oct 2010 £11
25 Oct 2010 £11
1 Nov 2010 £11
9 Nov 2010 £11
22 Nov 2010 £11
30 Nov 2010 £11
8 Dec 2010 £11
20 Dec 2010 £21
Jan 10 2011 £31

Account Breakdown
Initial Debt Amount £60
Costs Incurred £285
VAT £0.00
Total £345
Minus Payments Made £140
Present Balance £205

For a start, no one attended my premises on the 3rd January. We were home all day, also the 3rd of January was a Bank Holiday and I thought they were not allowed to visit you on Bank Holidays or Sundays?

[Mrs James]

Re: Philips

I've checked regarding Bailiffs visits on a Bank Holiday and this is what I've found.

Visits should not take place on Sundays, Bank Holidays, Good Friday or Christmas Day, unless legislation or a Court permits this. Respect for other religions and cultures should be upheld, and visits avoided on appropriate festivals and holidays.

So, since they have said they called on the 3rd January which was a Bank Holiday (even though they didn't but are charging me £200 for) does anyone know what my rights are? Also, what is the best way for me to handle this?


Any help you can give will be greatly appreciated.

[Amy]

Re: Philips

I cannot see that anything has changed here. As per post #36; if you have paid the debt in full and sent the letter asking them to explain why they are charging you fees for work they have not carried out - then there is nothing they can do.

[Mrs James]

Re: Philips

I cannot see that anything has changed here. As per post #36; if you have paid the debt in full and sent the letter asking them to explain why they are charging you fees for work they have not carried out - then there is nothing they can do.

Thank you, Amy for your reply, sorry, I don't mean to be a nuisance. They did in fact do some work as they sent my payments to them to the court to clear the debt. I had already in fact paid the court but the court sent the £60 owing back to me as they had passed it over to Philips.

I've sent them a letter asking them to prove their alleged visit and informed them that on receipt of their reply I intend to seek legal advice.

[Mrs James]

Re: Philips

Just received a reply to my email request to supply me with proof that they visited me on 3rd January, which I pointed out was a Bank Holiday and they were not allowed to visit on that day.

I have looked at your case and the Bailiff did not call on Jan 3rd, it was on
Jan 5th, as that Bailiff do not work on a Bank Holiday, the Bailiff was
allocated to your case on Jan 3rd.

Have replied, again asking for proof of their visit and to explain why I received a letter dated the 24th January stating my case may be passed on to the Bailiff if as they state it already had been passed on on the 3rd January.

[Mrs James]

Re: Philips

Quick update.

The phone calls are continuing so I've reported them to Consumer Direct. I've informed them of this and said if the calls do not stop with immediate effect I will then inform the Court, my MP and the press. And if they think I'm joking then they've picked on the wrong one.

I've also again requested the time and date of the supposed visit to my premises, the Bailiffs name and the name of the court who issued his/her certificate.

I don't expect a reply to this post as I know there are people in more need of help than myself, but if anyone thinks I'm handling this in the wrong way I'd be grateful if you could step in and shoot me down. lol.

[WendyB]

Re: Philips

You could point out to them that it was they who told you in the first place that they'd called on 3rd Jan, as per the breakdown of charges they supplied. Either they are lying (more than likely); their administration is crap (probably); they have obtained/are trying to obtain, money from you fraudulently (definitely) or a combination of all three.

They still need to prove their visit on 3rd, 5th or whenever it was and/or justify the charge, which no doubt they won't be able to do as £200 for a vist, even if there was a van, is hardly a "reasonable" cost.

Seems to me you are handling this fine

You have to stand firm with bailiffs and let them know you aren't a pushover.

[Mrs James]

Re: Philips

Hi Wendy,

Thanks for the reply. I'm just waiting for their response and then I'll fire your suggestions at them.

Thanks again x