Philips

[Mrs James]

Re: Philips

The bailiffs cannot use the original fine warrant to force entry into your house to collect their fees. They would have to go through the whole court process again.

Thanks for the reply Caspar x

That's what I thought, it's just with the court saying this morning that they could I was panicking a little I guess the guy I spoke to was given the wrong information. He said at first he didn't think they could but went off to get advice and came back and said they could as they collected the money and paid the court whilst there was a Distress Warrant against me. He also said that there was a chance that they wouldn't turn up anyway.

It's frightening when the Courts can't give you the correct information, what chance do we have? Lol.

Thanks again, Caspar x

[Amy]

Re: Philips

You really do need to write to the Court Manager about this, name the people you have spoken to on the telephone from the court and insist that they help you with this.

[Mrs James]

Re: Philips

You really do need to write to the Court Manager about this, name the people you have spoken to on the telephone from the court and insist that they help you with this.

Thanks, Amy x

I'll do that, I did ask to speak to them this morning but was told they weren't available. But you're quite right, I'll put it in writing.

[Amy]

Re: Philips

Definitely put it in writing, copy in Philips and make sure you get a Certificate of Posting.

If you send anything recorded delivery to the bailiffs, apart from being a complete waste of money, it will be a waste of time because they will not sign for it.

[Mrs James]

Re: Philips

Definitely put it in writing, copy in Philips and make sure you get a Certificate of Posting.

If you send anything recorded delivery to the bailiffs, apart from being a complete waste of money, it will be a waste of time because they will not sign for it.

I'll get on to that now.

Thanks again, you're a star x

[Mrs James]

Re: Philips

Just a quick update. The phone calls have started again :tinysmile_cry_t: I've sent an email to TS asking for an update on my case as I've not heard back from them. Also I've yet to hear from the Court Manager regarding my complaint against Philips, so I'll try and contact her today too.

[Mrs James]

Re: Philips

Just had a visit from Philips. The guy said he was an enforcement agent, whatever one of those is. I told him I wasn't paying him a penny and to leave my property. I also asked him to see the distress warrant but he said he wouldn't have that and that a copy of it should have been left on the first visit, even though the warrant wasn't in force then. I told him no one had visited at any time (even they are trying to charge me £200 for it) He tried to give me an envelope but I wouldn't accept it, so he said he'd put me down as non compliant! Well he got that right.

I asked him how much they would try and charge for this visit, he said he wouldn't be charging anything but Philips might.


Also got a letter from the court this morning saying they are investigating my complaint against Philips and would get back to me.

Just about had enough of all this now!

[Mrs James]

Re: Philips

Hi,

Just wondering if someone could tell me what Philips next move might be now the guy who called yesterday has said he would put me as non compliant? I'm not too concerned but forewarned is forearmed.

[Mrs James]

Re: Philips

Hi,

Just wondering if someone could tell me what Philips next move might be now the guy who called yesterday has said he would put me as non compliant? I'm not too concerned but forewarned is forearmed.

If anyone could advise I'd be grateful.

Also, I contacted CD today as it's been more then 5 working days since they said TS would contact me again. CD phoned me back and said that TS would contact me in the next 2/3 days and if not to get back them quoting my reference number. I just seem to be being passed between the two departments with no end product

[Amy]

Re: Philips

A bailiff executing a Warrant of Distress must either show the warrant to the person against whom the distress is levied, or state where and how it can be inspected and he must also show proof of his identity.

I imagine the reason he will not show you the warrant is because he no longer has one.

If this bailiff did called on you, but you were out, he should have left a letter with the time and date of his visit. He should also have made a note of this letter on the Warrant itself and it must include “any identifying marks of the address such as the specific colour of the door” as proof that he visited.

If the bailiff either refuses to provide you with a copy of the Warrant or to let you see the Warrant you should write a letter of complaint to the Court Manager at the Magistrates' Court.

[Mrs James]

Re: Philips

A bailiff executing a Warrant of Distress must either show the warrant to the person against whom the distress is levied, or state where and how it can be inspected and he must also show proof of his identity.

I imagine the reason he will not show you the warrant is because he no longer has one. I know the warrant is no longer in force and when I asked to see it he just said "Why would I need to have it?"

If this bailiff did called on you, but you were out, he should have left a letter with the time and date of his visit. He should also have made a note of this letter on the Warrant itself and it must include “any identifying marks of the address such as the specific colour of the door” as proof that he visited. Philips are saying they did visit(even though I know they didn't) and that is why I asked to see the warrant that he said he didn't have.

If the bailiff either refuses to provide you with a copy of the Warrant or to let you see the Warrant you should write a letter of complaint to the Court Manager at the Magistrates' Court.I've already written a letter of complaint regarding them charging me for a phantom visit to the court manager and received a reply saying they will get back to me once they have investigated my case. I'll write another regarding the fact they couldn't produce the warrant.

Thanks for the reply and advice Amy x

[Amy]

Re: Philips

The point is, he does not have a choice about whether to show the warrant or not. If you ask to see it, he must show you and likewise the visit; if he visited, he must be able to prove it.

Keep the pressure up until the court deal with this properly.

[Mrs James]

Re: Philips

The point is, he does not have a choice about whether to show the warrant or not. If you ask to see it, he must show you and likewise the visit; if he visited, he must be able to prove it.

Keep the pressure up until the court deal with this properly.

I will do and thanks again for the support and advice, it gives me the strength to see this through x

[Amy]

Re: Philips

Anytime, you're very welcome x

[Mrs James]

Re: Philips

Hi,

I'm afraid I need some advice again please. Yesterday I received the following letter from Philips, undated and unsigned.

FINAL WARNING NOTICE

As you have failed to clear your outstanding fine, you are hereby given formal notice that the above court may shortly be considering issuing a warrant for your arrest.

Unless the full amount including costs is paid within 7 days we may return this Distress Warrant to the court so they can issue a warrant for your arrest.

If the warrant of arrest is issued a Court Enforcement Officer may attend your premises and arrest you upon sight.

If you are unable to pay the amount outstanding, you are strongly advised to contact our office and make suitable arrangements to clear your arrears.

As the fine is paid in full and there is no longer a Distress Warrant against me I phoned the Court yet again (I have already lodged a complaint against Philips to the Court Manager) and asked for advice, I explained that I'm disputing the amount owed due to the fact I know they didn't visit my premises when they said they did. The guy I spoke to was very helpful and he phoned Philips for me, he said he could log into Philips system and could see that a visit was indeed logged for the 5th January and that notes had been made to describe my front door (the details were correct) I believe the details could have been added after they visited me last week but he said that wasn't possible.

So my problem now is where do I go from here? I know they didn't visit and nothing has been put through my door to indicate they had visited, but if they are saying they have proof it's now my word against theirs. The guy at the Court said as far as they are concerned the matter is closed and if Philips want to they could take me to a Civil Court for the money. I really don't want to pay them this money but if they take me to court it could cost me more in the long run. So any advice would be very welcome.

Apologies for it being so long winded but I just wanted to give as many details as possible.