Help with Phillips constant threats

[ocraz49]

[FONT='Verdana','sans-serif']I have been receiving letters from Phillips Co saying I owe them hundreds due to a train fine back in 2009. I have constantly asked them for the proof of this (as I have no knowledge of a fine) but they just keep writing and saying the same 'train fine' with no dates or anything. I am really struggling as to what to do as now they are threatening court action. I had a bailiff come to my parents home but he couldn't tell me any details either, just constantly said ring the number which by the way I could not ever get an answer from. How can I possibly answer threatening letters when they will not even discuss the matter. Plus the bill for an alleged train fine is now in the 500 's Please someone help me!

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[Caspar]

Re: Help with Phillips constant threats

In response to your pm I would send a letter along the following lines:

Dear Sir,

Your Ref: abc123

I write with regards to the above account. The address that you have on record is not my address, it is that of my parents. I woud request that no further visits are made to this address as not only is is distressing for my parents, but could be deemed as harassment now you have been informed, in writing, that the aforementioned address is incorrect.

Yours faithfully,

Sign Digitally

It is then up to you whether or not you give them your current address - I would as if you are sending them an SAR, they will have your address in any case.

[ocraz49]

Re: Help with Phillips constant threats

Thanks Caspar, good letter I will write it. However I do actually live there but I thought that as it belongs to and is in the name of my parents, bailiffs could not enter. Is this correct? I obviously dont mind them writing, especially if they are going to tell me what the alleged debt is for, but object to them frightening my mum, next time it could be her opening the door she wouldnt know what to do and if they entered it would be all her belongings as well.

In response to your pm I would send a letter along the following lines:

Dear Sir,

Your Ref: abc123

I write with regards to the above account. The address that you have on record is not my address, it is that of my parents. I woud request that no further visits are made to this address as not only is is distressing for my parents, but could be deemed as harassment now you have been informed, in writing, that the aforementioned address is incorrect.

Yours faithfully,

Sign Digitally

It is then up to you whether or not you give them your current address - I would as if you are sending them an SAR, they will have your address in any case.

[Caspar]

Re: Help with Phillips constant threats

They will not break in immediately - they would only ever do so as a last resort, despite their threats. If it appeared likely they were going to, your best protection for your parents' goods would be to go to any High Street solicitor and do a sworn affidavit stating that all goods in the house belong to them.

I am unsure on the legalities of breaking in, if it's your parents' house, without looking it up.

[WendyB]

Re: Help with Phillips constant threats

So if you do live there, you can't send the above letter, as it would be a lie. You do need to send them a strong letter, however. I would suggest it points out to them their failures in following OFT 664 guidelines, and the code of conduct that bailiffs/debt collectors are supposed to follow, as well as pointing out that you have no intention of paying them anything until they come up wit proof that this debt does actually exist and how the debt is made up. Which no doubt they do not wish to do because most of it it probably their fraudulent charges.

DO NOT speak to them by telephone. Keep everything in writing, send by email and snail mail. If you send by snail mail send it recorded delivery.
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Unless it's a magistrates fine they wouldn't be able to break in. And even then they would need a warrant. Until you have found out exactly what this fine is for, and if it's ever been to court, you won't know what's what. Send the SAR and strong letter asap. In the meantime you will have to make your parents aware not to answer the door to them, should they turn up again, and keep all doors and windows locked at all times.

[Caspar]

Re: Help with Phillips constant threats

Thanks Wendy,

You've actually reiterated advice I gave having been approached directly via pm. After responding to the first post I then posted on public forum. Good to know we're singing from the same songbook though!

[ocraz49]

Re: Help with Phillips constant threats

Thanks Caspar, you gave me good advice and you were right, others are responding with help input as well and I appreciate this very much. The worry I had is re the address being my parents and Wendy has answered this point very well, and thank you both for your help. I will work out a strong letter and also request the SAR and see where I go from there.

Thanks Wendy,

You've actually reiterated advice I gave having been approached directly via pm. After responding to the first post I then posted on public forum. Good to know we're singing from the same songbook though!

[ocraz49]

Re: Help with Phillips constant threats

Hi Wendy, thank you so much for your input, this is really helpful and I can now compose (hopefully) a very strong letter. I will continue this thread when and if I get any relevant information from Phillips but meanwhile would like to thank both you and Caspar for easing my mind and helping me.

So if you do live there, you can't send the above letter, as it would be a lie. You do need to send them a strong letter, however. I would suggest it points out to them their failures in following OFT 664 guidelines, and the code of conduct that bailiffs/debt collectors are supposed to follow, as well as pointing out that you have no intention of paying them anything until they come up wit proof that this debt does actually exist and how the debt is made up. Which no doubt they do not wish to do because most of it it probably their fraudulent charges.

DO NOT speak to them by telephone. Keep everything in writing, send by email and snail mail. If you send by snail mail send it recorded delivery.
------------------------------- merged -------------------------------
Unless it's a magistrates fine they wouldn't be able to break in. And even then they would need a warrant. Until you have found out exactly what this fine is for, and if it's ever been to court, you won't know what's what. Send the SAR and strong letter asap. In the meantime you will have to make your parents aware not to answer the door to them, should they turn up again, and keep all doors and windows locked at all times.

[WendyB]

Re: Help with Phillips constant threats

You really need to have a good read of Amy's excellent guide Bailiff Guide - Legal Beagles Consumer Forum that may make things clearer.

[WendyB]

Re: Help with Phillips constant threats

Have Phillips ever said who the original creditor is? i.e.which train company?

[WendyB]

Re: Help with Phillips constant threats

Try this


Re: Alleged Train Fare Fine
Your Reference xxxxxx

I have written and telephoned your company on numerous occasions regarding the above., seemingly to no avail. Once again, I re-iterate, I have no knowledge of the alleged debt and therefore will not be making any payments until you have furnished me with the following information.

• The name of the company issuing the alleged “fine”
• The date place and time of the alleged fine
• The amount of the alleged fine
• A full breakdown of your charges which have been added by yourselves to the alleged debt.

Your company and its employees seem intent on ignoring the guidelines clearly set out in OFT 664 Debt Collection Guidance, to this end I have enclosed a copy, with the relevant parts highlighted for your ease of reference.

I also insist that you advise me under which law/statute/Act of Parliament you will be acting should you ever attempt carry out your threat of breaking into my parents property.

I insist that no further visits are made to my address, this is distressing for my parents and furthermore will be considered harassment and will be reported to the relevant authorities should any further visits be made.


Yours faithfully



and here's a link to OFT 664, I suggest you print it off and send a copy of the relevant pages with the relevant paragraphs highlighted. http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

[Esio Trot]

Re: Help with Phillips constant threats

Have a look at my thread about Philips and their documentation.

Unless your documentation is clear about what company is actually pursuing you, make complaint to the powers that be.

[ocraz49]

Re: Help with Phillips constant threats

Wow, thanks everso Wendy this is a much better letter than I had put together. I will also send the relevant pages as you advised. Many thanks. Will let you know what happens. If they can be bothered to answer of course. And in answer to your previous note, no I have absolutely no idea of any fine plus as you state, I surely would first have heard from the train company and all this began this year and apparently the fine is from 2009. Amazing!!!

Try this


Re: Alleged Train Fare Fine
Your Reference xxxxxx

I have written and telephoned your company on numerous occasions regarding the above., seemingly to no avail. Once again, I re-iterate, I have no knowledge of the alleged debt and therefore will not be making any payments until you have furnished me with the following information.

• The name of the company issuing the alleged “fine”
• The date place and time of the alleged fine
• The amount of the alleged fine
• A full breakdown of your charges which have been added by yourselves to the alleged debt.

Your company and its employees seem intent on ignoring the guidelines clearly set out in OFT 664 Debt Collection Guidance, to this end I have enclosed a copy, with the relevant parts highlighted for your ease of reference.

I also insist that you advise me under which law/statute/Act of Parliament you will be acting should you ever attempt carry out your threat of breaking into my parents property.

I insist that no further visits are made to my address, this is distressing for my parents and furthermore will be considered harassment and will be reported to the relevant authorities should any further visits be made.


Yours faithfully



and here's a link to OFT 664, I suggest you print it off and send a copy of the relevant pages with the relevant paragraphs highlighted. http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf