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Can Philips break into my flat?

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  • Can Philips break into my flat?

    A while ago I was fined £315 for not having enough funds on my Oystercard. I set up a payment plan and after 2 months lost the payment card. I called the court to ask for another to be sent and they informed me that they would send a counterfoil for the remaining amount (£215). Three weeks later I recieved a warrant of distress notice from Philips informing that I owed £300. I went back to the magistrate and they informed me that I had £215 outstanding which I paid by card. A month later I recieved another notice from Philips again asking for £300 and I called and informed them that I had already paid the court directly. 2 months later I recieved a notice from Philips saying that I owed £85 admin charge for the previous fine. I agreed to pay this in instalments, however during this time I lost my job and was unable to keep paying. A month later someone knocked my door saying they were a delivery driver so I let them in to the foyer of my building (I live in a flat), it was then that I realised that they were a Philips rep so I refused to let them into the building. I contacted National Debtline who told me that as I had already paid the fine directly to the magistrate the matter should be closed but could not comment further as my situation is a bit of a 'grey area'. I wrote to Philips telling them this and asking them why they thought I was still liable and they said they were still operating under the original warrant of distress. I asked them to provide confirmation of this and received the following via email:

    We have noted your account ######## with the information provided & case
    information provided by our client London SE & Central Magistrate Court is as
    follows,

    Philips Reference #######
    Warrant Issued to Philips May 8, 2012
    Court Reference Number 0#######G
    Offence Date Nov 25, 2009
    Warrant Issued May 6, 2012
    Case details provided Do Not Use***Having Failed To Pay Rail Fare

    Following is a breakdown of fee & payments,

    Debt issued by client £215
    Admin fee £85
    Attendance £215
    Balance £515
    Payments received £236.25 ( £215 received by client 22nd May 2012 & £21.25 bank
    to bank July 3rd 2012)
    Balance to date £278.75
    Due to payment received from our client after the distress warrant was issued
    to Philips balance outstanding needs to be cleared to avoid any further bailiff
    visits.


    Now 3 months later I have received a removal notice informing me that they will return and enter my property whether I'm there or not to remove my belongings. I am extremely worried about this as I am currently trying to find work but am very nervous to leave my property. As the removal notice contained no details except my name and address written in biro with no costs or even a reference number that they have added the additional fee as well. Please help, I don't know what to do and its impossible considering that I had settled my debt with the court.
    Last edited by seriouslywhy?; 13th November 2012, 19:03:PM.
    Tags: None

  • #2
    Re: Can Philips break into my flat?

    You need to ring the switchboard at the magistrates court involved and ask for the name and direct telephone number of the HMCTS Enforcement Manager for that court. This person is responsible for overseeing HMCTS Warrant Officers, Court Bailiffs and Certificated Bailiffs under contract to HMCTS.

    You need to do this immediately and ask the Enforcement Manager to sort it out. From what you have said, all Philips are entitled to is the £85 Administration Fee. It also appears that they made an unnecessary visit in order to garner additional fees, including the £215 Attendance Fee. They are certainly not entitled to demand any fine that has already been paid.

    Philips cannot break into your flat without written authorisation from the magistrates court. This is unlikely to be given, taking into account you have already paid the fine in full.

    But you MUST speak to the HMCTS Enforcement Manager first thing tomorrow morning.
    Life is a journey on which we all travel, sometimes together, but never alone.

    Comment


    • #3
      Re: Can Philips break into my flat?

      Thanks I will do and will update when I get a reply.

      Comment

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