Philips attendance notice

[Wellygirl]

My husband had 2 magistrate court fines that were sent to Philips, the same day we recieved the first one he went on line made a payment and an offer of future payments to clear the debt. 3 weeks later we had an email refusing the offer and making a counter offer, before we accepted this offer 2 days after the email was received we had a notice of attendance when we got home from work. It had the reference number of this case, but two figures in the amount box which we couldn't work out. There was no balliff details listed and no time of attendance, do these details have to be on the notice?
The second fine he again made a payment and an offer to clear, that was refused and he was given 7 days to clear the full amount. 9 days later we cleared the debt in full. However Philips are claiming that when we received the notice of attendance it was for both cases not just the one stated? That was what the two figures meant but there was only one case number on that letter? They had given us 7 days to clear the debt and yet the notice of attendance was given on day 7 from the date they wrote the letter and from day 3 that we received it.
We have cleared both initial debts in full and have arranged to pay the attendance fee for the one case in a couple of weeks when we get paid, however they want two attendance fees? Can they do this on the back of the one notice with just one case number?
The other thing we have found is their letters take so long to arrive ie. a letter dated at their end on 15th March arrived the 27th, three sent on the 16th March arrived on the 22nd and 23rd. Which means we never have a clear picture as letters overlap or turn up 2 weeks late.
Can anyone give me any advice as to the legality of adding another attendance notice to one received?

[CleverClogs]

Re: Philips attendance notice

My husband had 2 magistrate court fines that were sent to Philips, the same day we recieved the first one he went on line made a payment and an offer of future payments to clear the debt. 3 weeks later we had an email refusing the offer and making a counter offer, before we accepted this offer 2 days after the email was received we had a notice of attendance when we got home from work. It had the reference number of this case, but two figures in the amount box which we couldn't work out. There was no balliff details listed and no time of attendance, do these details have to be on the notice?

Yes.

We have cleared both initial debts in full and have arranged to pay the attendance fee for the one case in a couple of weeks when we get paid, however they want two attendance fees? Can they do this on the back of the one notice with just one case number?

Not if they only attended once and I believe that, if they are expecting to be paid twice for the same 'service', it may be fraud.

Report them to the court Fines Manager.

[mohmmad786]

Re: Philips attendance notice

Welcome to Legal Beagles Wellygirl, First of all if you have paid both the fines in total than you dont have to worry much and you have cleared your debt. Bailiffs got a bad habbit of lying and they do that to get more money out of people like you. Can you give us some more details about the fees bailiff is wanting you to charge? I am not much experienced on these things but someone can correct me on this. Philips can charge you £85 for sending that initial letter and if i am not mistaken than some might charge £215 for the visit which comes to around £300. Can i ask if its £85 you willing to give or is it £300? If you could give us some more information than we can look into it and someone might be able to advice you more.

[Wellygirl]

Re: Philips attendance notice

They are charging a further £215 for the attendance fees one of which happened so we will pay it the other they can product no evidence for yet, they have been emailing all afternoon trying to fob me off with different copies of things but they can't produce a copy of the attendance notice they can't tell me when it was left ( I work from home and was only out for approximately 50 minutes that day) or the name of the bailiff. However their last email just before 6pm threatened action over the weekend if we did not set up a payment arrangement tonight for this fee!!!

[CleverClogs]

Re: Philips attendance notice

They are charging a further £215 for the attendance fees one of which happened so we will pay it the other they can product no evidence for yet, they have been emailing all afternoon trying to fob me off with different copies of things but they can't produce a copy of the attendance notice they can't tell me when it was left ( I work from home and was only out for approximately 50 minutes that day) or the name of the bailiff. However their last email just before 6pm threatened action over the weekend if we did not set up a payment arrangement tonight for this fee!!!

That fee would only be lawful if the fines totalled £2440.

The regulations are here (link) as amended by (link) - 28% of the first £200, then 5.5% of the remainder over £200.

Might the fu:censored:ng bailiffs be overcharging?

[labman]

Re: Philips attendance notice

They can only charge one fee if the visit was at the same time. It is debateable whether they can charge two fees if they made two visits in the same day, but at different times.

As regards fees, the letter fee is £11.20, an Administration Fee can be charged of £85 and an Attendance Fee of £215.

[CleverClogs]

Re: Philips attendance notice

As regards fees, the letter fee is £11.20, an Administration Fee can be charged of £85 and an Attendance Fee of £215.

The letter fee can only be charged if it is sent before the first bailiff visit.

Under which regulation can the admin and attendance fees be charged?

[labman]

Re: Philips attendance notice

Bailiffs get involved with Magistrates' Court fines when they remain unpaid and a Distress Warrant is issued. The fine is then passed to one of only four companies, Swift, Philips, Marstons and Excel. The contracts are negotiated every three years and fees are set in the contracts.

The Administration and Attendance Fee are common to all four companies. Other various charges may differ slightly between the four companies.

[CleverClogs]

Re: Philips attendance notice

Bailiffs get involved with Magistrates' Court fines when they remain unpaid and a Distress Warrant is issued. The fine is then passed to one of only four companies, Swift, Philips, Marstons and Excel. The contracts are negotiated every three years and fees are set in the contracts.

The Administration and Attendance Fee are common to all four companies. Other various charges may differ slightly between the four companies.

In other words, the fees charged have never been subjected to Parliamentary scrutiny.

Do you consider that to be appropriate in a land that is supposed to be a democracy?

[labman]

Re: Philips attendance notice

Whether or not I consider it to be appropriate is entirely irrelevant.

I wish it weren't or things would be very different. lol

One can get a copy of the contract with a Freedom of Information Act if that makes you feel any worse!

[CleverClogs]

Re: Philips attendance notice

But can one discover how those spivs got the contract in the first place?

[Mrs James]

Re: Philips attendance notice

They are charging a further £215 for the attendance fees one of which happened so we will pay it the other they can product no evidence for yet, they have been emailing all afternoon trying to fob me off with different copies of things but they can't produce a copy of the attendance notice they can't tell me when it was left ( I work from home and was only out for approximately 50 minutes that day) or the name of the bailiff. However their last email just before 6pm threatened action over the weekend if we did not set up a payment arrangement tonight for this fee!!!

The only day this weekend they can legally do anything is Saturday. They are not allowed to visit you on a Bank Holiday or Sunday.

[mohmmad786]

Re: Philips attendance notice

My understanding was that if the fine is paid in full than the bailiff cant levy on anything, meaning he cant come inside your house and take anything just for HIS fees. As long as you dont open the door to them or even if you do than dont let them in or invite them in even if the bailiff is dying to go to the toilet and move any car you got further from where you live. One more thing, BAILIFFS LIE and even if he comes at your door threatening to bring the locksmith, do not worry as he can only do that on a commercial property.

[Wellygirl]

Re: Philips attendance notice

We have paid both of the original fines and the fees that Philips attached and we have agreeded to pay the one set of attendance fees on 20th April. However I paid the money to Philips so can they put the amount against the fees they charged and leave part of the debt outstanding? ie the debt was £530 including their fees, which I paid, but they are claiming for an attendance fee of £215 (although their website and all the letters say £200) which we are disputing as a letter was never left. Can they allocate part of the £530 against the £215 which they say we owe therefore meaning we have only paid £315 off the originat debt and original fees and thus still owe the magistrates court £215?

[Mrs James]

Re: Philips attendance notice

We have paid both of the original fines and the fees that Philips attached and we have agreeded to pay the one set of attendance fees on 20th April. However I paid the money to Philips so can they put the amount against the fees they charged and leave part of the debt outstanding? ie the debt was £530 including their fees, which I paid, but they are claiming for an attendance fee of £215 (although their website and all the letters say £200) which we are disputing as a letter was never left. Can they allocate part of the £530 against the £215 which they say we owe therefore meaning we have only paid £315 off the originat debt and original fees and thus still owe the magistrates court £215?

When I had dealings with Philips, they did pay the money into the court first and then tried to obtain their fee's, including a 'phantom' visit fee, which of course we didn't pay.

I would suggest that you phone the court and ask them if the fines have been paid in full.