pheonix

[ploddertom]

Re: pheonix

hi all,well here is the latest update.
my 3 other accounts ive had in the past with them came to light today,they were similar fees to my current ones.
they sent me the break downs last week and i copied them and posted them to the head of revenues,and recived a response from him today,to tell me that the fees would be returned to me,excluding 24.50 first visit.
So for the 4 phoenix accounts,they are paying me back a total of £446.56p.
Ive asked phoenix management to give me a reason for there generousity,and wait for there reply..
Got to thinking that i should let it rest now,but am also thinking by paying me back,they are admiting they are in the wrong,,,,,,,,,,,,what should i do?????????????
regards all......l

Ask the Council if they will be submitting a Form 5 Complaint about both the Bailiff(s) concerned & the Company they work for as they have been complicit in this.

[labman]

Re: pheonix

....... and if not, why not?

When I had a go at the bailiffs and my local council I also asked for, and got compensation for distress caused.

[rifty]

Re: pheonix

then my mind is made up then,this has been stressfull......will approach the council with it and see where we go,,cheers all.......

[rifty]

Re: pheonix

hi again,,lol.
this is interesting,just been on the phone to the council(again),i now get to speak to the same person who has been dealing with my case(which helps)
Ive mentioned the form 5 complaint to her,,she must have informed phoenix about this,as i just had a call from one of the managers from phoenix(they have never rang through out all this)
MR A....HOLE asked me if i would consider a good will gesture for all the trouble i had gone to expose them as theiving scum(my words)......
im not sure if they are worried or not,,not sure if the bailiff who set the fees is worried????
I just told mr manager that i needed to seek advice and would give him a call(he even gave me a non related call centre number.......stay tuned.....
thanks all

[labman]

Re: pheonix

Is that an unconditional goodwill gesture accepted on your part without prejudice?

[rifty]

Re: pheonix

well after much thought,im going to go down the complaint route.
i aint going to sell my soul to the devil,,,will ring my council rep tommorrow and let her no whats what........will let you all no how i get on.
hope im not boring you all now,,,,,,,thanks.

[ploddertom]

Re: pheonix

My Thoughts

The Form 5 route is for the Council to adopt and not yourself, They have to power to issue this against not only the Bailiff(s) concerned but also the Company. If they of course feel real strongly about it then they should be considering pulling the Contract from them. In particular i would advocate informing your local Councillor(s) of what has transpired with copies going to the Leader of the Council & his opposite number, also your MP. It may help others within the community if your local paper took an interest - no doubt the Council may try to do otherwise.

It sounds as if you may have enough information to issue a Form 4 Complaint against the Bailiff although there is a good chance part of the defence to this will be he was following Company instructions, in which case the Complaint should also try to address this as the Company being "not fit for purpose".

As for offering compensation they will no doubt want non-disclosure etc and if this is their view then any compensation must be suitably reflected - the cost of a family holiday in Cyprus for example for 14 days complete with suitable spending money and car hire thrown in - guess £7.5k.

[labman]

Re: pheonix

I find this situation very interesting. It's the second time it has come up recently, here with non disclosure and in the other instance a confidentiality clause, still I think to be resolved.

Where do people stand with regard to this when it is already plastered all over an Internet forum, and while they may not go to the press, a non disclosure agreement cannot stop someone else going to the press with the same story? It has, in effect, already been disclosed, so any agreement can only serve to attempt to be a damage limitation exercise.

[rifty]

Re: pheonix

hi all,,,,,update alert,,,,
Had a nice chat with the managers managers(if you no what i mean) from my good friends at phoenix.
He has put up a defence of the fees charged for this year,,i will get to the other years at another time.
He said(quote) the bailiff attended my house at 8.30 on the 15th of feb,to do a levy on my car(locked in garage).....and left no paper work.
Sooooooooo,,when i rang the bailiff at 9.30,i was asked for the reg number and colour of car...hmmmmmm.
top manager then said that they can accsess the dvla data base for car ownership(which is true)...
So the question is,why would the bailiff need my car details if he can get that info from the dvla.
And also,i should no this by now(as in my very first post) THE CAR IS ON HP!!!!!!!!!!!!!!
god............ok i got my money back,but this is still doing my head in.....
thanks all.......

[labman]

Re: pheonix

I think you should write back, with a copy to the CEO of your council. I think they can see a potential Form 5 coming and are trying to cover their backs. It's important that you uncover them again.

They have no justification at all.

[rifty]

Re: pheonix

form 5 alert!!!!
I did mention that i had had dealings in the past with phoenix.
my other accounts with them were brought to light today,i had asked phoenix to provide breakdowns of 3 previous accounts,and low and behold they have done me again.
2010 was a similar case of over charging as this years charges,the council have now had no choice but to accept my request for a form 5....
HE didnt seem that suprised when i brought it up,but i feel he was left with no choice.
it was mentioned that the 2012 fees might have been a glitch by phoenix,but 3 others have followed,,,,,,,so thats 4 glitches.
I mentioned to council bloke that they might have made similar glitches to others in my position,and that nailed the form 5 request......
thats the latest...
will give you a heads up when i get news...
cheers.........

[labman]

Re: pheonix

Excellent - I wonder if the local press should be alerted that hundreds of people could have been overcharged by the LA's nominated enforcement agents? It could cost the bailiffs thousands and potentially lose them the contract, especially if word were to spread to other LA's using the same company.

If you could post or pm someone the Local Authority, I'm sure someone could look up the local press. :tinysmile_aha_t: