Phoenix collections charges

[bluebottle]

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

Also, the wi-fi card readers they use do not have secure protocols or connections. One used in the passenger transport industry does have a secure satellite internet connection, but is very expensive and economical for use with fleets of vehicles only. I agree that the OP would, most likely, be in breach of their card issuer's T & C of use in the circumstances you outline.

[hantsman]

Re: Phoenix collections charges

Is this person certificated? Does he have a copy of the warrant?

[bluebottle]

Re: Phoenix collections charges

Is this person certified? Does he have to be back at an institution by a certain time?

IFYPFY. :grin:

[124trav]

Re: Phoenix collections charges

I have not asked for either of the questions. I suspect he will come again tomorrow morning > my working day tomorrow will start at 4 am and I have a webcam set up at the front window. If he calls I will ask for both

[bluebottle]

Re: Phoenix collections charges

I have not asked for either of the questions. I suspect he will come again tomorrow morning > my working day tomorrow will start at 4 am and I have a webcam set up at the front window. If he calls I will ask for both

Can the webcam display the time and date on the footage? This will be invaluable in the case of him denying he was at your home before 6.00 am and if it was sent to the CJ or DJ at the court that issued his certificate, together with details of the text messages, other evidence and a covering letter, it could be very persuasive. See Sir Vere's advice at Posts #6, #9 and #12.

[124trav]

Re: Phoenix collections charges

FYI copy letter sent yesterday. Will keep you informed

G***** ******
14 ******
********
**** ***

Phoenix reference *******
Client reference *********
PCN **********
Reg no. ********




To whom it may concern,
In March this year I received a parking ticket issued by Burnley council, negligently I did not pay the fine when due.
On Tuesday morning last week a bailiff reputedly employed by you called at my property at 5.45am. The bailiff did not knock on the door and simply posted through the letterbox a notice demanding the sum of £261.04. (Copy attached)
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.
I have not received from you any previous correspondence in relation to this matter as I suggest nothing has ever been sent
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.
Full transcript of the text conversation shown below with my additional comments in red
Bailiff: Friday 07.43 'Payment due Tel P Marley 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'
I would suggest this would be an unlawful execution of a warrant. Posting a demand letter constitutes the execution of a warrant which cannot I believe occur before 6am and must certainly be carried out at a reasonable time of day. I would contest anyone who would claim 5.45 in the morning is reasonable
Me: Friday 15.55 'Remove what?'
Bailiff: Friday 15.56 'Any goods on or in property!'
Executions of warrant see above
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'
Executions of warrant see above
Me: Friday 15.59 'What with a van?'
Executions of warrant see above
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'
I would suggest this is a reasonable request
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 don’t 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******
I don’t think so! I have not phoned my bank however I believe this would breach the terms and conditions of my card issuer. In addition I would suspect the Wi-Fi card readers they use do not have secure protocols or connections. Would you pass your financial info on in this manner?
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
I can find no indication that Phoenix commercial collections have an office in Doncaster

With the chain of events I have been unable to request from Mr Marley either a copy of the warrant or a copy of his licence, his practices are certainly immoral and possibly illegal. There is also no Records for a Mr Marley on the certified bailiffs register provided by Northampton county court
I do not and have not ever disputed the payment due to you however I would recommend an investigation of your practices.
I will send today by fist class recorded delivery a bankers draught for the sum of £100.44 this covers the original £80, plus the £7 added by the Central Ticketing Office at Court, the letter fee of £11.20 and the VAT on this which is £2.24.
If after your investigation you can justify the additional fees which you and Mr Marley believe are due I will pay the amount without question.

As a self employed specialist contractor to the landfill gas generation industry my personal loss at dealing with this matter now far outweighs the amount you are requesting and if the harassment continues without investigation (Regardless of outcome see note above) I would take legal advice on my position.
I have also forwarded a copy of this letter to the original creditor.
I Await your advice as to how you wish to proceed

Regards

******* *******

[bluebottle]

Re: Phoenix collections charges

FYI copy letter sent yesterday. Will keep you informed

G***** ******
14 ******
********
**** ***

Phoenix reference *******
Client reference *********
PCN **********
Reg no. ********




To whom it may concern,
In March this year I received a parking ticket issued by Burnley council, negligently I did not pay the fine when due.
On Tuesday morning last week a bailiff reputedly employed by you called at my property at 5.45am. The bailiff did not knock on the door and simply posted through the letterbox a notice demanding the sum of £261.04. (Copy attached)
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.
I have not received from you any previous correspondence in relation to this matter as I suggest nothing has ever been sent
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.
Full transcript of the text conversation shown below with my additional comments in red
Bailiff: Friday 07.43 'Payment due Tel P Marley 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'
I would suggest this would be an unlawful execution of a warrant. Posting a demand letter constitutes the execution of a warrant which cannot I believe occur before 6am and must certainly be carried out at a reasonable time of day. I would contest anyone who would claim 5.45 in the morning is reasonable
Me: Friday 15.55 'Remove what?'
Bailiff: Friday 15.56 'Any goods on or in property!'
Executions of warrant see above
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'
Executions of warrant see above
Me: Friday 15.59 'What with a van?'
Executions of warrant see above
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'
I would suggest this is a reasonable request
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 don’t 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******
I don’t think so! I have not phoned my bank however I believe this would breach the terms and conditions of my card issuer. In addition I would suspect the Wi-Fi card readers they use do not have secure protocols or connections. Would you pass your financial info on in this manner?
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
I can find no indication that Phoenix commercial collections have an office in Doncaster

With the chain of events I have been unable to request from Mr Marley either a copy of the warrant or a copy of his licence, his practices are certainly immoral and possibly illegal. There is also no Records for a Mr Marley on the certified bailiffs register provided by Northampton county court
I do not and have not ever disputed the payment due to you however I would recommend an investigation of your practices.
I will send today by fist class recorded delivery a bankers draught for the sum of £100.44 this covers the original £80, plus the £7 added by the Central Ticketing Office at Court, the letter fee of £11.20 and the VAT on this which is £2.24.
If after your investigation you can justify the additional fees which you and Mr Marley believe are due I will pay the amount without question.

As a self employed specialist contractor to the landfill gas generation industry my personal loss at dealing with this matter now far outweighs the amount you are requesting and if the harassment continues without investigation (Regardless of outcome see note above) I would take legal advice on my position.
I have also forwarded a copy of this letter to the original creditor.
I Await your advice as to how you wish to proceed

Regards

****** ******

Remove your real name from your post.