Fuming with Pheonix Collections!

[CleverClogs]

Re: Fuming with Pheonix Collections!

so what can i do about it please? naively I have thrown away most paper work that i have received, so don't know where I stand?

Are you absolutely sure that no bailiff entered your home?

If you do not have a motor-car and nobody levied distress inside your home, it is difficult to understand how the bailiff (Dalrymple the pimple-brain or anyone else) might claim a levy fee at all, let alone a fee of £53. That fee, by the way, suggests a debt of around £810.

Did the bailiff peer through a window and leave a list of the items he thought he could see?

[sparkle99]

Re: Fuming with Pheonix Collections!

I've just rung the bailiff and asked him why his notice said £406 and Phoenix are saying £311? he said that he's right and he is ringing me back.....

[sparkle99]

Re: Fuming with Pheonix Collections!

He may well have peered through the window all those months ago, i wasn't in at the time. No bailiff has ever been in my home

[sparkle99]

Re: Fuming with Pheonix Collections!

HA!!!! I got him to accept the lesser amount!!!!

[enaid]

Re: Fuming with Pheonix Collections!

Well I would only pay him what he can charge by law and let him try fight you fro the rest.
Pay Pheonix what you know to be the final amount.

[ploddertom]

Re: Fuming with Pheonix Collections!

Have you put them to strict proof of the levy and what it contained?

[CleverClogs]

Re: Fuming with Pheonix Collections!

No clever cloggs they aren't, still don't know what to do about paying them tho now or how much!

First of all, it would help to get the facts straight, as you will need them when you write to the Head of Revenues and/or CEO of your local council. Phoenix appear to have tried to charge at least £378 too much and - worse - may not have been passing onto the council all they should have done, as bailiffs deduct their "fees" (even the invented fees) first.

How much was stated to be owed on the Liability Order?

You see, the "levy fee" of £53 suggests a debt of around £810, which would seem to be confirmed by your pattern of payments.

What is not clear is the first entry in the list of charges from Phoenix:

16/07/2012 Costs 129.00

I just cannot understand that, as it is too high for it to have been the costs borne by the council of obtaining the Liability Order and it does not appear to be a lawful charge.

You may even have overpaid, if their bogus charges were to be deducted.

[sparkle99]

Re: Fuming with Pheonix Collections!

I have paid, £311. and sent them an email so they confirm the debt is finished with and that i will not hear from them again.

[ploddertom]

Re: Fuming with Pheonix Collections!

You should establish what was due in the first place. I assume you have details of all the payments you have made so you know how much in total you have paid. You need to speak to someone at the Council and ask the following questions:
1 - how many Liability Orders they have against you
2 - the dates they were obtained
3 - the addresses they were for
4 - the period of time each covers
5 - how much each one was for
6 - how much is still outstanding
7 - the dates they were passed on for enforcement
8 - the dates & amounts of any payments

[CleverClogs]

Re: Fuming with Pheonix Collections!

I've just rung the bailiff and asked him why his notice said £406 and Phoenix are saying £311? he said that he's right and he is ringing me back.....

His "attendance fee" (attendance with a van to remove goods) is only permissible if distress has been levied and we know that it has not.

Peering through a window to note down goods is known as a constructive levy and it is invalid. He cannot, therefore, lawfully use that to extort further fees.

[CleverClogs]

Re: Fuming with Pheonix Collections!

HA!!!! I got him to accept the lesser amount!!!!

It's still too much - and he knows it's too much!

[CleverClogs]

Re: Fuming with Pheonix Collections!

I have paid, £311. and sent them an email so they confirm the debt is finished with and that i will not hear from them again.

I believe you have overpaid.

Indeed, I believe you may have overpaid even before this final payment, as their bogus fees total £507.

[bizzybob]

Re: Fuming with Pheonix Collections!

Now you have paid, do as ploddertom advises to find out off the council, regarding what was owed, then yopu can tackle Phoenix regarding their unlawful fees, and reclaim them. you have 6 years to do this.

[sparkle99]

Re: Fuming with Pheonix Collections!

First of all, it would help to get the facts straight, as you will need them when you write to the Head of Revenues and/or CEO

What is not clear is the first entry in the list of charges from Phoenix:
16/07/2012 Costs 129.00

I just cannot understand that, as it is too high for it to have been the costs borne by the council of obtaining the Liability Order and it does not appear to be a lawful charge.

You may even have overpaid, if their bogus charges were to be deducted.

they have stated that that amount has been remitted, however I'm unsure what that means!

[CleverClogs]

Re: Fuming with Pheonix Collections!

Until you know for what sum the Liability Order was obtained and you've added up how much you've paid, you won't know how much Phoenix Collections have diddled you.

The only legitimate and lawful charges to which the bailiffs were entitled were the 1st and 2nd visit fees, totalling £42.50

From the list of charges you posted, they seem to have added bogus charges totalling £507 - but this will need to be verified by deducting the actual debt from the total of your payments.

I would suggest that it might be easier to claim the overpayment from the council than from Phoenix; the council can use it as a payment towards your CT for this year and fiddle the loss through the petty cash, whereas Phoenix aren't likely to cough up and would probably drag out the matter for months or years.