Bailiff Problem

[Effexion]

Hi,


I have a debt due to over payment of Housing Benefit ( of which not one penny I saw). I got a letter in the post from the recovery company 'Phillips', so I duly contacted them and set up a payment plan. A short while later our Tax Credits were stopped so I was unable to make a payment.

A few days ago I received a letter from a company called 'Collectica', I noticed that the barcode on the letter stated a fee, when used, was payable to Phillips. The letter stated I have ten days to phone up and make an arrangement before proceedings were taken. Today I received a letter telling me I have 7 days to pay in full. I rang them and told them about the issue. They told me as I defaulted a payment I was due to pay the £30. I can not afford this and explained my reasons. They told me to pay wheat I can, and when. They said that this will not stop further proceedings on my account, but will show I am willing to pay it off.

We are struggling to live and to feed ourselves. My Fiance is 8 months pregnant and the stress is killing us. Is there any action I can take to stop this from a legal point of view?

[bluebottle]

Re: Bailiff Problem

Philips and Collectica are one and the same company. I would get straight on to the local authority who instructed them and advise them of your fiancee's condition as there are rules local authorities and bailiff companies have signed up. Your houshold may be classed as vulnerable as a result of your fiancee's condition. What legislation are the local authority and Philips relying on to collect the overpayment, please?

[Effexion]

Re: Bailiff Problem

Thank you so much for your reply. I will contact the housing association first thing on Monday. Sorry, I do not understand your question about legislation. They are threatening recovery if that answers your question.

Thanks again,

~Mike

[bluebottle]

Re: Bailiff Problem

Do you know if Philips are acting as bailiffs or debt collectors? Housing Benefit is paid by local authorities and there should be something in the appropriate regulations applicable to HB as regards recovery of overpayment.

Do you know if the local authority has obtained any court judgement or formal order against you? Bailiffs cannot act without a court judgement or order. Debt Collectors can make a lot of noise, but, legally, they have very little, if any, power.

[Effexion]

Re: Bailiff Problem

This is a line from the letter:

"Our Recovery Agents have now been granted approval to attend your premises without any further warning to commence recovery procedures".

So I am assuming as Bailiffs. I am not sure if any formal action has been taken against me. They tried to get an attachment on my benefit, but because I was in the middle of switching to ESA they were told I wasn't claiming.

[bluebottle]

Re: Bailiff Problem

Who tried to get an Attachment of Benefits? That requires a court order. It sounds very much that Philips could be acting as Debt Collectors, but do contact the local authority asap to find out under what legal authority Philips are acting and in what capacity. It is very important that this point is clarified as it is a very serious matter to misrepresent lawful authority, especially if the impression is given that any recovery is being done under the authority of a court when, in fact, it is not.