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Bailiffs CRAZY reply to SAR & PCN fees!! Help urgently needed to respond!!
Hi Guys,
I really need some help to reply to a Subject Access Request recently sent to Phoenix Collections relating to a PCN issued by Wandsworth Council. I believe they have applied illegal fees.
Background
A warrant of execution was granted to Wandsworth Council totalling £202 - The amount of £202 was then passed to the bailiff to collect.
In response to this I received letter No.1 dated 14th May 2013 from Phoenix Commercial Collections (Please see below). I couldn't pay the amount owed so I decided to wait until payday at the end of the month.
On the 30th of May I called Phoenix to pay and was diverted to a bailiff’s mobile phone. I told him I’d like to pay the amount of £215:44 by debit card. He agreed but stated the total amount now owed was £457.84, of which £242.20 were bailiff fees. Apparently a letter had been delivered to my address by hand that same day. (Please see below for letter No.2 “Notice of Bailiff having visited”).
The telephone line was crackling as I was calling from abroad (employed as cabin crew); so the bailiff suggested I pay via txt. At approx 2:30pm 30th May I paid the amount of £215.44 via txt - I still have the txt with the date and time, as well as a confirmation txt. I did not pay the £242.30 in bailiff fees.
When I came home I was told by my son that the block maintenance man had found an envelope with my name on it outside the flats where I live, it was marked “Notice of Bailiff having Attended” & showed the total amount due as £457.84 – the letter was not delivered through the letterbox and did not give a breakdown of fees. (Please see letter No.2 below).
Although I have paid the amount due I am still extremely worried that the bailiffs will continue pursuing their ridiculous fees and remove my goods – I would then be in a worst position in terms of having to chase them to reclaim the fees back.
However I am prepared to fight this to the end as last year I paid a bailiff £855 for an outstanding PCN simply because I wasn’t aware of my rights!
So far I have sent the following letters questioning the bailiff fees applied:
1) Subject Access Request to Phoenix Commercial Collections (Attached)
2) Formal letter of complaint/letter before action to the council’s Director of Community & services – Attached. (Received an email confirmation that my case will be looked at by the Deputy Director).
Today I received a reply to my subject access request (please see attached). It looks so wrong in so many ways! I really need some help replying to the SAR, which will also be copied to the Deputy Director in charge of parking at the council so I want it to be correct and to the point.
I have checked the online bailiffs register & the bailiff they have mentioned as attending my address and I cannot find him anywhere on the register. It also seems as though their fees are lower than previously demanded in Letter No.2 (although still very high), and adding to this it also appears as though they have used the £10 sent for my SAR as money to pay off their fees, despite emphasizing that the payment of £10 was only to be used for my SAR!
Please give advice to the next steps I should take and points I could raise in my reply to their SAR response & fees – I need help!!!... I’m not prepared to let them get away with this!!
Attachments:
I really need some help to reply to a Subject Access Request recently sent to Phoenix Collections relating to a PCN issued by Wandsworth Council. I believe they have applied illegal fees.
Background
A warrant of execution was granted to Wandsworth Council totalling £202 - The amount of £202 was then passed to the bailiff to collect.
In response to this I received letter No.1 dated 14th May 2013 from Phoenix Commercial Collections (Please see below). I couldn't pay the amount owed so I decided to wait until payday at the end of the month.
On the 30th of May I called Phoenix to pay and was diverted to a bailiff’s mobile phone. I told him I’d like to pay the amount of £215:44 by debit card. He agreed but stated the total amount now owed was £457.84, of which £242.20 were bailiff fees. Apparently a letter had been delivered to my address by hand that same day. (Please see below for letter No.2 “Notice of Bailiff having visited”).
The telephone line was crackling as I was calling from abroad (employed as cabin crew); so the bailiff suggested I pay via txt. At approx 2:30pm 30th May I paid the amount of £215.44 via txt - I still have the txt with the date and time, as well as a confirmation txt. I did not pay the £242.30 in bailiff fees.
When I came home I was told by my son that the block maintenance man had found an envelope with my name on it outside the flats where I live, it was marked “Notice of Bailiff having Attended” & showed the total amount due as £457.84 – the letter was not delivered through the letterbox and did not give a breakdown of fees. (Please see letter No.2 below).
Although I have paid the amount due I am still extremely worried that the bailiffs will continue pursuing their ridiculous fees and remove my goods – I would then be in a worst position in terms of having to chase them to reclaim the fees back.
However I am prepared to fight this to the end as last year I paid a bailiff £855 for an outstanding PCN simply because I wasn’t aware of my rights!
So far I have sent the following letters questioning the bailiff fees applied:
1) Subject Access Request to Phoenix Commercial Collections (Attached)
2) Formal letter of complaint/letter before action to the council’s Director of Community & services – Attached. (Received an email confirmation that my case will be looked at by the Deputy Director).
Today I received a reply to my subject access request (please see attached). It looks so wrong in so many ways! I really need some help replying to the SAR, which will also be copied to the Deputy Director in charge of parking at the council so I want it to be correct and to the point.
I have checked the online bailiffs register & the bailiff they have mentioned as attending my address and I cannot find him anywhere on the register. It also seems as though their fees are lower than previously demanded in Letter No.2 (although still very high), and adding to this it also appears as though they have used the £10 sent for my SAR as money to pay off their fees, despite emphasizing that the payment of £10 was only to be used for my SAR!
Please give advice to the next steps I should take and points I could raise in my reply to their SAR response & fees – I need help!!!... I’m not prepared to let them get away with this!!
Attachments:
- Letter No.1 (First letter delivered via post)
- Letter No.2 (Delivered by hand – Left outside my block of flats)
- Subject Access Request (sent by recorded delivery)
- Complaint Letter to Council (sent via letter and email)
- Phoenix’s response to my Subject Access Request
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