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Philips distress warrant?..help

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  • Philips distress warrant?..help

    Hello, hope you can help me.


    I had a speeding fine that I was waiting for an appeal date, ( the met did not send out fpc and it went straight to court I got 6 points 300 fine for 52 in a 40 on a dual carriageway, I couldn't go to court because of work and I don't think all the my info was read out from the acceptance of guilt form ) anyway, I asked to appeal and called the court to arrange holding off on the fine, the court was so sloooow in replying that I had to call 3 times to get the payment held, I even offered to pay it and claim it back on appeal, they told me NoT to pay it. Anyway finally I got a reply from the court who said they couldn't take it to appeal based on the fact that I was not happy with the verdict, I would have to go to crown ct, I couldn't afford that so just swallowed the points and paid the fine. One day after I paid the fine a debt collector from Philips appeared on doorstep, I told him the fine had been paid the day before, and he left. Today a guy dressed in black and offensively mannered was on my doorstep, he told my wife that he had a warrant for my arrest. I work nights, she came and woke me, there is a guy at the doorstep with a warrant for your arrest?...what! I came to the window half dressed. A conversation ensued which was basically me telling him the fine had been paid and that he shouldn't be here, this isn't my problem, yes it is your problem, he puffed his chest out and stared at me . He was aggressive, I told him that he may think he's a big man but he's not. He then said, you haven't even got the balls to come to the door. I was on my knees because I was half dressed. I rose to my feet, I'm 6 ft and 17 stone and it's not fat. I told him he was a pussy and I'm on my way down, when I got down he had scarpered. He left a letter in my letter box. The letter threatened that next they could come back and drill the locks, clamp my car.
    i have tried to work within the law from the beginning with this. And even swallowed the ineptitude of the courts just to move on. But this guy at the door was the last straw. He did not present a warrant. I checked him online, and he is a registered bailiff. I called him using the number in the letter, I asked him his full name. I'm mr white he said, but what is your first name, said I? Just Mr white to you, I wasnt blessed with a first name, still rude still aggressive in his tone.
    Now I was not aware the fine had been passed to bailiffs, I paid it before they came to my house it was paid 20th August, I have not heard from them since, when the ct took payment for the fine they did not tell me it had been passed to a bailiff. He wants 600. I paid the 300 fine, he still wants 600 which I assume is for the 2 unwarranted visits. What can I do. Any advise help would be gratefulyogi accepted, thank you from our time.
    Tags: None

  • #2
    Re: Philips distress warrant?..help

    This is happening a bit too often. You need to ring the court switchboard and ask for the name and contact telephone number of the HMCTS Enforcement Manager for that court. If the court staff tell you that you have to deal with the bailiff, don't be fobbed off and stand your ground. The Enforcement Manager is responsible for these contracted idiots, as well as court bailiffs and Warrant Officers. And the tit who called on you cannot demand £600. The maximum HMCTS allow is £300. Since the fine was already paid, due to the ineptitude and incompetence of HMCTS, you should also consider making a formal complaint against Philips to the HMCTS Contract Manager for your area. HMCTS Contract Managers deal with serious complaints against bailiff companies under contract to HMCTS. You might also wish to consider making a formal complaint to the Ministry of Justice about the cock-up you have suffered at HMCTS's hands.
    Life is a journey on which we all travel, sometimes together, but never alone.

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    • #3
      Re: Philips distress warrant?..help

      Thank you so much. How do I go about making a complaint?

      Comment


      • #4
        Re: Philips distress warrant?..help

        With regard to the HMCTS Enforcement Manager, ring the court switchboard at the court that imposed the fine and ask for the name and contact telephone of the HMCTS Enforcement Manager. He or she should be able to tell you what to do about the cock-up HMCTS has made. You may be asked to put in a formal complaint in writing.

        As regards the threats the tit who called on you made, as well as speaking to the HMCTS Enforcement Manager, you will need to obtain the name and contact telephone of the Regional HMCTS Contracts Manager. The Enforcement Manager should be able to provide you with these details, but, if not, ask who would. It is likely you will be asked to submit a written complaint.

        Also, lodge a formal complaint against Philips with the OFT Credit Fitness Team. I have attached a document that takes you through the process. You will need to include the following in your complaint -

        Company Name: Philips Collection Services Ltd
        Credit Licence No.: 491286

        I am also attaching a copy of the most up-to-date OFT Debt Collection Guidelines. Look through this, identify all and any breaches and list in your complaint to OFT.

        Could you indicate the name of your local police force, please?
        Attached Files
        Life is a journey on which we all travel, sometimes together, but never alone.

        Comment


        • #5
          Re: Philips distress warrant?..help

          Bluebottle, re-read the Op's post carefully as as far as i believe, stating you have a warrant for a persons arrest amounts to impersonating a police officer! Am i correct?
          Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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          • #6
            Re: Philips distress warrant?..help

            Originally posted by teaboy2 View Post
            Bluebottle, re-read the Op's post carefully as as far as i believe, stating you have a warrant for a persons arrest amounts to impersonating a police officer! Am i correct?

            Thats what I thought. However I called the police and visited my local station to make a complaint and they told me that unless he actually said he was a police officer or was in uniform there was nothing they could do. They said this behaviour was common practice by bailiffs and debt collectors but unless I had a recording or video of them making such a statement there was nothing they could do. They advised me that if he turned up again to call the police.

            Comment


            • #7
              Re: Philips distress warrant?..help

              Sorry double post
              Last edited by Bob.h; 21st November 2012, 09:54:AM. Reason: Double post

              Comment


              • #8
                Re: Philips distress warrant?..help

                I'll answer Teaboy's and Bob.h's post's together.

                Teaboy,

                In order to arrest and charge a person with Personation of A Police Officer, it has to be shown that the person in question was wearing clothing which was or which closely resembled that of a police officer or would lead any reasonable person to believe they were a police officer, or they produced an article that was or which had the appearance of a police warrant card or which any reasonable person would believe was a police warrant card, or they verbally stated they were a police officer.

                Bob.h,

                It would appear the tit who turned up at your door was trying to collect the fine AND the fees, which he cannot do, as the fine has already been paid. HMCTS should have told Philips or, more likely, they did tell Philips and Philips chose to ignore it, hoping that you would be none the wiser and would hand over the money without argument. You need to contact the HMCTS Enforcement Manager about this today so that he/she can stop this moron making any further visits or threats. As for the threats and claim he had an arrest warrant, as well as mentioning this to the HMCTS Enforcement Manager, you also need to contact the HMCTS Regional Contracts Manager today, if possible, and put them in the picture as to what Philips' bailiffs are doing. From what I understand, HMCTS senior management take complaints about this sort of behaviour by contracted bailiff companies very seriously. This is because it brings the courts and HMCTS into disrepute and leaves HMCTS open to legal action.

                Claiming you have a warrant for someone's arrest when you don't is a serious matter and I have no doubt the police will have more than a few words to say to this idiot should he try this again.
                Life is a journey on which we all travel, sometimes together, but never alone.

                Comment

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