Magistrates fine - Philips sent Bailiff

[MrsM82]

This all started about a year ago got a letter saying hubby owed £210 from some fine from over 10years ago, tried to contact the courts to no evail.

Then got a letter off debt collector for £285, rang Phillips Collections agency who said they had passed debt back to the courts.

Tried again to email, ring and fax the courts, again no response.

Hubby managed to get through to court collections department who said fine was for driving offensces in 1991 and it was delt with in the courts in his absense. They gave him the courts number. Rang the number and they said there was no record on the system of any fines outstanding.

We hadn't heard anything else on the matter an pressumed it had been an error.

Yesterday we had a hand delivered letter off Phillips Collections baliffs and the amount has doubled £485!

I rang them and the guy on the phone told me it was for fines of my husbands outstanding from 1995 for:
No license
No mot
No tax
Low tread on tyres
(DATES DIFFERENT TO WHAT THE COURT HAD TOLD US)

They claim they have had debt and been chasing it 6months and they have sent 4 letters and we have had 2 bailiff visits one on 13th December where they supposedly left a letter, and one on 16th January which was the letter we recieved.

I told him that we had one letter last year off a collection agency and when I rang them they told me the debt had been passed back and he said that wasn't them! When I got home and saw the letters they are on the same letter head so it is same company, convienintly though the letter is not dated.

They have said they are only prepared to offer paying half now and the rest in 2 weeks time.

Told me to write to complaints department if not happy but I haven’t a leg to stand on and they won’t help me and I will still have to pay it.


Been to CAB today, CAB basically said that as its outstanding court fines they have the right to force entry which is worrying to say the least!

They have wrote a letter to the courts basically saying we have had conflicting information as to what the fines are for and my hubby is prepared to pay if they can tell us exactly what the offence is, when it occured etc. They have requested they withdraw it from the bailiffs also.

We already tried writing to the courts in April last year and didn't get any response from them so I doubt this time will be any different.

Doesnt help me in the meantime though I'm too scared that they will smash our door down and take our things, I think it would be easier to just find the money to pay them before it goes any further.

If they couldnt force entry then I would ignore it but as they can I'm too scared to take the risk, me and my husband are cursed, if things can go wrong they do go wrong and we always end up with the worst outcome possible, judging from past experience I'm thinking it may be as well to nip this in the bud now.

I just keep thinking how much I would be wishing I had the opportunity again to pay the £485 if I was sat in an empty house because they bailiffs had taken everything to pay the debt.


The annoying thing is we have never said that we would not pay the original fine, all we asked for was some information as to what exactly it was for and this we still have not recieved as the information we have been given contradicts itself.


I need someone to tell me what to do as I really don't know what to do for the best, pay them to go away or wait the outcome of the CAB letter??????

[Guest]

Re: Magistrates fine - Philips sent Bailiff

This looks like classic case Philips is trying to revive an old debt, and enforcing it under the pretence the fine is still recoverable.

If there is no warrant for distress,then breaking in will not happen. Philips won't risk being charged with breaking & entering by breaking into a home without permission from the Magistrates Court.


The court doesnt respond, its probably because there is no longer has any record of the fine on their system.

Phone the court manager and get a copy of the Warrant for Distress. If there isn't one then no money is due, and make a Formal Complaint to the Court manager. I'll draft a quick template for you in a moment

If you were unaware of these offences until a bailiff turned up, then you can make a statutory declaration. That will stop the bailiffs: See http://www.legalbeagles.info/forums/...ad.php?t=32485


Send this letter to the Magistrates Court that issued the fine, and post back the result on this thread.

The Court Manager
[NAME OF] Magistrates Court
[ADDRESS & POSTODE]

[DATE]

DEAR SIR

FORMAL COMPLAINT

RE: Court fines and Philips Collection Services Ltd Ref: [REF FROM PHILIPS DOCS]

I received a bailiff from Philips Collection Services Ltd, on [DATE] saying they are contracted by you collecting an unpaid court fine of [AMOUNT] from me.

As I have no record of this fine, or fines, please resolve this complaint by:

1. Send me a copy of the warrant for distress that was sent to the bailiff showing the amount I was fined, the date of conviction, and the description of the offence(s) giving rise to the fine(s).

Or,

2. If no valid warrant for distress exists, please instruct your contractor to stop contacting us, and sending letters in then post and confirm in writing this has been done.

And

3. Explain in writing, why a bailiff called on me in the first place, and on what legislation did the bailiff follow by charging me fees contrary to advice given on Page 5 of Court Service Leaflet EX345.


Yours Sincerely


[NAME]