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Phoenix collections charges

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  • Phoenix collections charges

    Hi,

    In March this year I received a parking ticket issued by Burnley council, I received the usual chase up letters and due to being busy/forgetful/stupid I didn't pay the fine. The total due by the last letter was £80.
    On Tuesday morning this week at 5.45am I had a standard letter template from Phoenix collections with hand written variables completed asking me to pay £261.04. This was the first and only correspondence received from Phoenix
    The letter states that he will return on or after 13/11/13 when he will expect to collect an increased amount or remove sufficient goods to cover the outstanding balance.
    At the time I thought the whole procedure seemed a little strange so promptly phoned the mobile number on the letter and instructed the chap I would deal with the issue by Friday.
    On Friday I entered into a text message conversation with the bailiff (I did try to speak with Phoenix directly but was rudely fobbed off by a lady there whom I had asked for further info).
    I asked the bailiff to clarify what the addition charge of £181.04 was for. His original response read ' Van charge for my visit plus levy charge for visit as per Burnley B C cost. On further questioning it transpires the van charge as £132.
    A this point I offered to settle the debt in full subject to him removing the van charge until such time (28 days I suggested) that we could clarify if the charge for the van should be levied, my argument for this being that if you turn up at 5.45am then you are therefore legally unable to knock on my door and therefore unable to remove goods. his brusque response read 'No to both. Required full payment warrant issued by court payment due by 5pm or enforcement will continue and further cost will be incurred you need to pay.'
    Seems like the bailiff is hiding behind the curtains from the property owner but still wants his pound of flesh(ironic used to be the other way round)
    As a final twist yesterday after I advised him I had tried to phone the office to pay he told me the office could not take direct payments but I should text him my debit card information! This will not happen, I am more likely to send my account info to the African prince who wants to give me a £1,000,000.

    Any advice greatly appreciated

  • #2
    Re: Phoenix collections charges

    Did you recieve a letter charging £11.20 before the visit?

    Comment


    • #3
      Re: Phoenix collections charges

      No correspondence at all from Phoenix. The first time I was aware they were involved was with the visit from the Bailliff

      Comment


      • #4
        Re: Phoenix collections charges

        Originally posted by 124trav View Post
        No correspondence at all from Phoenix. The first time I was aware they were involved was with the visit from the Bailliff
        Does the letter left by the Bailiff state that they visited at 05:45? If so, by visiting your premises before 06:00 and demanding payment the Bailiff acted unlawfully.

        As soon as practical, Monday at 09:00 would do nicely, I would send, via First Class recorded delivery, to Phoenix a banker's draght for £100.44, this covers the original £80, plus the £7 added by Northampton Central Ticketing Office at Court, the letter fee of £11.20 and the VAT on this which is £2.24.
        The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

        A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

        A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



        It's a dirty job, but someone got to do it!

        My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

        Comment


        • #5
          Re: Phoenix collections charges

          The letter does not state the time of the visit however I was driving to Devon on the Tuesday so was here in the house when the letter was posted. I must point out he did not knock on the door. When I spoke with him that day he also confirmed he visited a 5.45 and in addition when I have communicated by text message with him and mentioned 5.45 am he has made no denial of this fact. (I have copies of all text correspondence)

          Comment


          • #6
            Re: Phoenix collections charges

            Originally posted by 124trav View Post
            The letter does not state the time of the visit however I was driving to Devon on the Tuesday so was here in the house when the letter was posted. I must point out he did not knock on the door. When I spoke with him that day he also confirmed he visited a 5.45 and in addition when I have communicated by text message with him and mentioned 5.45 am he has made no denial of this fact. (I have copies of all text correspondence)
            Keep the text message.....this bailiff is about to loose their certificate!
            The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

            A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

            A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



            It's a dirty job, but someone got to do it!

            My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

            Comment


            • #7
              Re: Phoenix collections charges

              save all those texts I think as Sir Vere has indicated the bailiff has shor himself in the foot.

              Comment


              • #8
                Re: Phoenix collections charges

                A big thank-you to all for you're time. The bailiff claimed that he could visit at any time of the day (24-7) but could not knock on the door before 6 am or after (I think he said 9 pm). However outside of these parameters he could clamp / recover a vehicle

                Comment


                • #9
                  Re: Phoenix collections charges

                  Originally posted by 124trav View Post
                  A big thank-you to all for you're time. The bailiff claimed that he could visit at any time of the day (24-7) but could not knock on the door before 6 am or after (I think he said 9 pm). However outside of these parameters he could clamp / recover a vehicle
                  Another Bailiff who does not know his ear from his elbow......a bailiff CAN NOT enforce a Warrant/Order before 06:00 and after 21:00 any day of the week and certainly not on Sundays and Bank Holidays, clamping a vehicle is enforcing in a big way, leaving correspondence by hand is also enforcing. A bailiff can "drive by" 24/7 to gather intelligence, that could involve speaking to neighbours, but enforcing is a no-no!
                  The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

                  A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

                  A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



                  It's a dirty job, but someone got to do it!

                  My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

                  Comment


                  • #10
                    Re: Phoenix collections charges

                    If he was to remove a car at 5:30 am the whole enforcement would be rendered unlawful then Sir Vere? OP has valuable evidence in those texts, but should do as you suggest first thing Monday. If the bailiff shows up in the meantime film him even with a mobile phone with time date stamp enabled.

                    Comment


                    • #11
                      Re: Phoenix collections charges

                      Sir Vere, Bizzybob, many many thanks indeed.

                      Comment


                      • #12
                        Re: Phoenix collections charges

                        Originally posted by bizzybob View Post
                        If he was to remove a car at 5:30 am the whole enforcement would be rendered unlawful then Sir Vere?
                        ​Absolutely!
                        The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

                        A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

                        A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



                        It's a dirty job, but someone got to do it!

                        My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

                        Comment


                        • #13
                          Re: Phoenix collections charges

                          FYI- Full text message thread

                          Bailiff: Friday 07.43 'Payment due tel p xxxxxx with card'
                          Me: Friday 15.02 'You're back office are unable to confirm the breakdown of additional amount due since the default was passed by Burnley council. Please confirm what the additional £180 represents'
                          Bailiff: Friday 15.07 'Van charge for my visit plus levy charge for visit as per Burnley B C cost'
                          Me: Friday 15.08 'How much is the van charge?'
                          Bailiff: Friday 15.37 '£132'
                          Me: Friday 15.43 'By you're own admission you turned up at 5.45 am legally unable to knock on my door and therefore unable to remove any goods from my property. Please remove the van charge and I will settle'
                          Bailiff: Friday 15.53 'No can still remove and leave notice on visit as traffic fines visits can be made at any hour of day'
                          Me: Friday 15.55 'Remove what?'
                          Bailiff: Friday 15.56 'Any goods on or in property!'
                          Me: Friday 15.58 'But if you have no access at the time you visit how will you ever be able to recover goods?'
                          Bailiff: Friday 15.59 'Vehicles on drive'
                          Me: Friday 15.59 'What with a van?'
                          Bailiff Friday 16.02 ' No we order a tow truck if you are not paying this account now will revisit and further charges will be incurred'
                          Me Friday 16.21 'I will happily pay the £261 less the van charge now therefore total £129. I dispute the legality of the additional charge. Please cease all further action for 28 days until further advice is sought'
                          Bailiff: Friday 16.26 'No to both. Required full payment warrant issued by court payment due by 5pm or enforcement will continue and further cost will be incurred you need to pay'
                          Me: Friday 18.48 Have tried to phone you're office to pay they dont answer the phone! Please advise
                          Bailiff: Friday 18.52 Office closed all payments to me direct office cant take payment while warrant is with a bailiff tex your card details to 07715****** or 07967******
                          Me: Friday 18.58 ' I have no idea you are who you say you represent. I will happily pay Burnley council or your office at the earliest opportunity they can phone me back. They can then pass the monies to you
                          Bailiff: Friday 19.00 'Pay office on 01302 513306

                          Comment


                          • #14
                            Re: Phoenix collections charges

                            "Bailiff: Friday 18.52 Office closed all payments to me direct office cant take payment while warrant is with a bailiff tex your card details to 07715****** or 07967******"

                            I don't think so, bailiff is asking you to breach the conditions of your card issuer most likely

                            Comment


                            • #15
                              Re: Phoenix collections charges

                              Good point had not even considered this!

                              Comment

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