Philips

[Quibs]

I had a repayment agreement with Philips which I kept to apart from 1 payment was 4 days late all other payments were made on time. I haven't received any letters from them about late payment and then a man knocked on my door saying I owed over £200 for fees,this man was the 1st one to knock on my door but they are saying he's not,that there's been at least 1 before him which isn't true. Can they still come and kick my door in if I'm disputing fee?

[bluebottle]

Re: Philips

Not without an order signed in ink by a judge. Two bailiffs have recently been given a resounding smack in the head by a judge for illegally forcing their way into someone's home and then lying to the police and CPS. What does the repayment arrangement relate to, please?

[Celestine]

Re: Philips

They cannot kick your door in at all.

Have a read of the bailiff forum guides. Make sure your vehicle is well out of site and keep your doors and windows locked while you challenge these ridiculous fees.

[Quibs]

Re: Philips

I got caught without a tv licence,I've had no letters,phone calls it texts to say payment was late and I know nobody knocked on my door on the date they're stating.

[bluebottle]

Re: Philips

You need to speak to the HMCTS Enforcement Manager for the magistrates court that imposed the fine about Philips' behaviour at the earliest possible opportunity, ideally, first thing tomorrow morning. Could you please answer the following questions, please -

1. How much was the fine and any court costs?
2. Did you receive a Final Steps Notice from the court before Philips got involved?
3. Have you received a letter from Philips and, if so, when?

[Quibs]

Re: Philips

The fine and costs all together were £385
I didn't get any letters from the court and the last letter I got from Philips was the 13-08-12

[bluebottle]

Re: Philips

It sounds like the court did not send a Further Steps Notice, which is a legal requirement before bailiffs can get involved. If you ring the Court Manager, they will swear blind it was sent, hence the reason you need to speak to the HMCTS Enforcement Manager who is responsible for bailiffs under contract to HMCTS.

The monthly payment for a fine and costs of £385 is £64.17 maximum, over a six-month period, which is how HMCTS work out fine instalments. On a weekly basis, this would be £14.81 per week over a 26-week period. If Philips cannot prove they visited your home, the most they are allowed to charge is £85. So, the amount owing is £470, meaning a monthly payment of £78.33 or weekly payment of £18.08.

Could you please confirm how much you have paid, in total, to Philips, to date?

[Quibs]

Re: Philips

I've paid £306 so far at £34 every two weeks.

[bluebottle]

Re: Philips

Okay. It sounds like HMCTS may have broken the law. If you can prove Philips have not attended your home in person, they can only claim £85.00. Can you please confirm if, after the fine was imposed, you were sent a letter by the court detailing the instalment amounts and did you keep to these. It is very important that we get this straight. If HMCTS have, indeed, broken the law, so have Philips. Was Philips letter sent by post or hand-delivered through the door.

[Quibs]

Re: Philips

I was sent payment plan by court but admittedly I didn't keep to it I then moved house n received a letter by post off Philips saying I had x amount of days to pay full amount since I couldn't pay it all they told me I had to pay £34 every two weeks like I've said all payments have been made on timeapart from 1 which was 4 days late

[bluebottle]

Re: Philips

It sounds like the Further Steps Notice was sent to your previous address. If the court where not aware of your change of address and sent the FSN to your previous address, they have not broken the law. However, I still have my doubts about Philips.

Could you answer the following questions, please?

1. How much had you paid up to the time you stopped paying the court directly?
2. Was Philips' letter sent through the post or hand-delivered, i.e. pushed through the door and no stamp or frank mark on the outside of the envelope?

Sorry to ask all these questions, but certificated bailiff companies, simply, cannot be trusted and are known to lie.

[Quibs]

Re: Philips

I think I only paid £50 if that and the letter was delivered by Royal Mail.

[bluebottle]

Re: Philips

Okay. When Philips got involved there was £335 outstanding. The contract between Philips and HMCTS allows a maximum £85 administration charge and £215 attendance charge. Allowing for the £85 administration charge, the total payable, at the time of the letter, was £420. Subtract from that the £306 you have already paid to Philips, means there is an outstanding balance of £114, payable at £17 per week (£34 per fortnight). This should be paid off in about six weeks time.

If you can state categorically that no-one called at your home at the time and on the date Philips are claiming, I would strongly advise you to swear a Statutory Declaration to this effect. It will kill Philips' pig and have them stamping their feet in temper, but the onus is on them to prove they have, in fact, attended your home, not you. You can get a Statutory Declaration done at most solicitors for £5/£10. I would advise you have three or four copies notarised and that one copy is sent to the court and another copy sent to Philips. I understand that the making of frivolous or unnecessary attendances by bailiffs under contract to HMCTS is frowned upon by HMCTS.

[labman]

Re: Philips

http://www.legalbeagles.info/forums/...s-Courts-Fines