pheonix

[CleverClogs]

Re: pheonix

With what type of card did you make the payment?

[labman]

Re: pheonix

Send this letter to the Head of Revenues at the local council. If he condones the fees, great, we move on to the CEO, if he does not, then you should get a refund.

Letter to Head of Revenues Please edit parts in red and anything else needed to ensure this letter meets your circumstances

[YOUR ADDRESS]

[DATE]

Dear Sir,

Your Ref: [Insert your reference]

I am writing with regard to the above account. I have been visited recently by your appointed enforcement agents [insert name of bailiff company] who have charged me a total of £xxx.xx.

I do not believe that these fees are legitimately charged, as prescribed by The Council Tax and Enforcement Regulations. I would therefore be grateful if you could confirm whether or not you believe these to be fair and honest. If they are not, I would request that the debt be recalled to the council, and all unlawful fees refunded to me. [Delete if necessary] I would appreciate written confirmation the debt is settled in full.

I look forward to receiving your written confirmation one way or another regarding the fees charged.

Yours faithfully,

Sign you name here

[PRINT NAME]

[CleverClogs]

Re: pheonix

Paging Rifty! Paging Rifty! Paging Rifty!

If you used a credit card or a Visa debit card, it may be possible to get the money charged back to your account.

[rifty]

Re: pheonix

hi labman and cleverclogs,,,i paid using a visa debit card,but not sure how i would be able to get a charge back to it,,,will write the letter that labman has kindly set out for me,but am still more than keen to talk to phoenix,the robbing gits.......many thanks again,,,will keep you posted.

[CleverClogs]

Re: pheonix

am still more than keen to talk to phoenix

Why?

Haven't you learned yet that bailiffs tell lies?

[rifty]

Re: pheonix

lol,so its a waste of time ringing them?....worried that i may get another visit incurring more made up fees.

[CleverClogs]

Re: pheonix

It is unlawful - as Brother Bluebottle will explain - to make up fees.

If you can get the bank to "charge back" the card and then pay the council directly to satisfy the liability orders, that will leave Phoenix huffing and puffing for their "fees".

As if one needed to prove that bailiffs and bailiff companies trade in untruths, there is their own version of the fees that may be payable at PDF link.

Please note that Phoenix states that a fee is charged when payment is made by credit or debit card. No such fee is permitted under Schedule 5 of the Council Tax (Administration and Enforcement) Regulations 1992 - link - or any amending regulations subsequently made.

To be quite fair, though, they only claim that their fee schedule is based on the law - which could be said of many other works of fiction.

[CleverClogs]

Re: pheonix

By the way, do not use 0844 824 3884 to call those jerks.

Use 01204 664050 or - better - 0800 7310101 instead.

[bluebottle]

Re: pheonix

Phoenix and their scumbag employee are seriously taking the p*ss.

My instincts tell me the best way to deal with Phoenix and their bailiff is to obtain the first and last name of the bailiff and Phoenix's directors. If they refuse to provide you with the names of the directors, they are committing an offence under Company Law.

There is evidence of Fraud by False Misrepresentation (Section 2(1), Fraud Act 2006) and if they attempt to take any vehicle that is subject to any type of finance agreement, is owned by a company or a person other than the debtor, Theft (Section 1, Theft Act 1968). There may also be an offence under Section 127, Communications Act 2003.

What Phoenix have done is highly illegal. I would be inclined to make it very clear to the bailiff his days as a free man are numbered and be prepared, if circumstances make it necessary, to apply to your local magistrates' court for a warrant for his arrest. This would mean that the police would have no choice but to arrest him. If it becomes necessary to go down this route, I will explain the procedure to you. I have had enough of scumbag bailiffs pulling stunts like this. In your case, Rifty, it may well be "Payback Time".

[CleverClogs]

Re: pheonix

My instincts tell me the best way to deal with Phoenix and their bailiff is to obtain the first and last name of the bailiff and Phoenix's directors. If they refuse to provide you with the names of the directors, they are committing an offence under Company Law.

I have attached a PDF of their (current) Consumer Credit Licence - the other two had been allowed to lapse - in which the directors are named: Andrew Michael Cummins, Matthew Francis Paul Felton, Howard Jones and Fred Ternent.

[rifty]

Re: pheonix

hi all,and once again thanks so much for your help,,,i was going to phone phoenix this morning,but ive decided to get all the ammo ready i need,i am going to go down your well thought out route and take it from there,ive sent them a letter(recorded delivery) to ask for a more specific break down of the van/attendance fee,and to check dates of visits and certificates ect..ive wrote a letter to the head of revenues asking for an appointment to see him,,just got fobbed off last week,,but from what i read,this is also there deal..will let you no how i get on in due coarse,again,,,,many thanks...

[rifty]

Re: pheonix

forgot to mention that i have the bailiffs full name,and rang the ministry of justice,and his cert. is up to date,,thanks.

[labman]

Re: pheonix

Good! At least he's got one to lose then!

[rifty]

Re: pheonix

just got off the phone to theivnix and it didnt go well,lol...for kick off,they want £10 for the info of the break down,times date ect....they have then said that the levy is valid,as they havent used it as a levy yet,they said that they dont hpi the car as it would cost me £30,,,,,,they said that i have not been charged first and second visit fees of £42.50,,,,they said that the bailiff made a second visit with his car which can also be called a van as its his works vehicle,,,,,,well he didnt knock on my door,,they said that my wife had called them after the the first letter was posted throuhg the letter box??????she has no idea what they are talking about......they said that they were just the call centre said,and that i would have to write a letter to the manager for a closer break down......god.......stay tuned....many thanks all.
------------------------------- merged -------------------------------
sorry about the spelling,just bloody mad thats all,,,,might have forgoten some other things they said,,,,,,but my head is in a shed at the moment...

[CleverClogs]

Re: pheonix

just got off the phone to theivnix and it didnt go well,lol...for kick off,they want £10 for the info of the break down,times date ect....they have then said that the levy is valid,as they havent used it as a levy yet,they said that they dont hpi the car as it would cost me £30,,,,,,they said that i have not been charged first and second visit fees of £42.50,,,,they said that the bailiff made a second visit with his car which can also be called a van as its his works vehicle,,,,,,well he didnt knock on my door,,they said that my wife had called them after the the first letter was posted throuhg the letter box??????she has no idea what they are talking about......they said that they were just the call centre said,and that i would have to write a letter to the manager for a closer break down......god.......stay tuned....many thanks all.

I've told you this before

bailiffs tell lies.

Now, going through the above: they might want £10 for the breakdown in fees but they are not entitled to it as you are not making a Subject Access Request under section 7 of the Data Protection Act 1998.

The "van fee" is only applicable if there is a valid Walking Possession Agreement in place and the van is to be used for the removal of goods - neither applies here.

You will have to write a letter for a breakdown of their fees and charges. Send it by Recorded Delivery so they know that you'll know they have received it.