Phoenix Commercial Collections

carolcon

Hi - this is my first post and I just want to advise about a company called Phoenix Commercial Collections who have recently posted a "Notice Before Removal" - this was after sitting outside watching my house, whilst I was clearly visible to them, waiting for me to leave the premises before posting the Notice. The Notice was requesting payment for unpaid council tax of £344.50 plus costs. I was aware that I owed the Council a total of £172, not £344.50! My husband contacted the Council asking where the sum of £344.50 came from and they were as shocked as we were. The Council advised that yes, we do owe £172 but also advised that because the bailiffs had been called in an additional fee of £24.50 had been added to the account. They had requested that the bailiffs recover a total of £196.50. Apparently, the Council had written to us in November 09 advising the case was going to Court. We never received the letter.

The Council are now investigating the above named company and have agreed to settle at £196.50.

I just want people to be aware of the extortionate amounts of money they are trying to reclaim from people, particularly more vulnerable people than myself who may not question these Notices.

CIS

To get to the bailiff stage the council have had to issue a Demand Notice , at least one Reminder and a Court Summons. They had also written to you in November 09.

Did you not try to resolve the situation at an earlier stage ?

DarkConvict

Actually i was fooled by this too, for council tax they do not need a court summons. For council tax they get a liablity order, and this is something you are not notified about. Once they have it, the debt can never go statute barred and bailiffs can be used. The first you will know is as above, a letter form the bailiffs.

However, for recovery a bailiffs can only charge £42.50 for 1 visit and 2 letters. For any further charges they have to have gained peaceful entry. Basically do not let bailiffs in the house under any circumstances. Charges can easily exceed £200 once they are in, and they can force entry at a later date.

CIS

Actually i was fooled by this too, for council tax they do not need a court summons. For council tax they get a liablity order, and this is something you are not notified abou

That's incorrect. Before a Liability Order can be granted by a magistrate a Court Summons has to have been issued.

DarkConvict

Oh, I thought that before, but have read on these forums that you never/rarely hear about it, in most case a bailiffs arriving is the first you are aware of it.
Looking hear that soudns correct, - http://www.bailiffadviceonline.co.uk/counciltax.htm

Furthermore i read this there too

By law, the local authority must give you 14 days written notice that the Liability Order is being transferred to their relevant bailiff company for collection. Therefore, it is vital that you try to stop this process if you are unable to pay.

CIS

Oh, I thought that before, but have read on these forums that you never/rarely hear about it, in most case a bailiffs arriving is the first you are aware of it.

You thought correctly in the first instance.

I work in council tax recovery and I'm familiar with the law regarding council tax. If you ever want to read up on the process of council tax recovery take a look at the council tax (administration and enforcement) regs 1992.

DarkConvict

CIS wrote: »

You thought correctly in the first instance.

I work in council tax recovery and I'm familiar with the law regarding council tax. If you ever want to read up on the process of council tax recovery take a look at the council tax (administration and enforcement) regs 1992.

I see, 33 & 35 are about notice before getting the LO.

Liability orders: preliminary steps
33.—(1) Subject to paragraph (3), before a billing authority applies for a liability order it shall serve on the person against whom the application is to be made a notice ("final notice"), which is to be in addition to any notice required to be served under Part V, and which is to state every amount in respect of which the authority is to make the application.

Liability orders: further provision
35.—(1) A single liability order may deal with one person and one such amount (or aggregate amount) as is mentioned in regulation 34(7) and (8) (in which case the order shall be in the form specified as Form A in Schedule 2, or a form to the like effect), or, if the court thinks fit, may deal with more than one person and more than one such amount (in which case the order shall be in the form specified as Form B in that Schedule, or a form to the like effect).

(2) A summons issued under regulation 34(2) may be served on a person—
(a) by delivering it to him, or
(b) by leaving it at his usual or last known place of abode, or in the case of a company, at its registered office, or
(c) by sending it by post to him at his usual or last known place of abode, or in the case of a company, to its registered office, or
(d) by leaving it at, or by sending it by post to him at, an address given by the person as an address at which service of the summons will be accepted.

(3) The amount in respect of which a liability order is made is enforceable in accordance with this Part; and accordingly for the purposes of any of the provisions of Part III of the Magistrates' Courts Act 1980 (satisfaction and enforcement) it is not to be treated as a sum adjudged to be paid by order of the court.