Philips Bailiff Advice (Distress Warrent) Want more money than is owed?

davidmartin_3

Hello All,

A few weeks ago, I revieced a bailiff letter from Philips Bailiffs in the post. I didn't think much off it as I was sure that I didn't owe anybody any money.
A few days ago, I recieved another letter from Philips Bailiffs 'Notice of intention to enter and search your premesis'

It is a Distress Warrent, which after reading up about them, that means that Philips can do whatever they like.
I phoned them, because I was sure that I didn't owe anyone any money.

After speaking to a very rude Philips Customer Service Agent, it turns out that I have an unpaid court fine from 2004. I was unaware of this until I phoned Philips and they told me. I have recieved no previous correspondance regarding the court case and fine that was issued.

I have spoken to Northampton Magistrates Court, and they have told me that this is correct, and if I do not pay Philips the money that is owed I will have a warrent issued for my arrest and a custodial sentance issued to me.

The long and short of it is that I owe £959.42 to Philips Bailiffs.

I am more than happy to pay them, as I owe them the money.

The trouble is, I am a carer for my partner who is on ESA Benefit so we are on a very limited income. So we can't afford for them to take what little we have (as I know we do not have enough possetions to cover even 1/4 of the debt) but we can't really afford the payments.

I have phoned them and offered a lower amount than what they are asking (£190 per month which is 1/2 our income) but they have refused. CAB have phoned them on my behalf, and they still refuse to take any less.

They have told me that if I do not £204 by the end of this month, that there will be a home visit from the Bailiffs to collect possetions, and if I do not have enough to cover the debt, I will be arrested and remanded in custody until a court date where I will recieve a custodial sentance.

I have managed to borrow the £204 to make this months payment.

They are now stating that they want £204 per month for 6 months. This means that I will be paying way more than the debt.

The court have told me that the fine was £842, so Philips have already added £100 in their fees to the debt.

So; the debt is £949.42.

Originally, they wanted £190 per month for 6 months
(£190 x 6 = 1140 which is £180.58 more than what is owed)

Now, they want £204 per month for 6 months
(£204 x 6 = 1224 which is £264.58 more than what is owed)

By my calculations:

£959.42 - £204 = £755.42
Then there are 5 more payments;

So £755.42 / 5 = £151.08

By rights, I should only pay the amount that they have told me that I owe.

I don't really want to phone them again to tell them this, as everytime I call them, they seem to up the amount owed.
They do not respond to emails, so the only way to speak to someone is over the phone, and the people you talk to are awful. They are so rude, and tell you incorrect information and threaten to take things further.
I have already been told that I had to make a £190 payment at the time I was making a phone call or the bailiffs would be round in 48hours unless I signed up to make a payment of £204 at the end of the month!

Where do I stand?

I do not want to pay them more than what I owe them, and I do not want to be taken into custody for not paying the monthly payments they are demanding (which if I payed, they would end up with me paying more that what I owe)

What is best for me to do?

Help Appreciated.

Thank you.

Herbie21

I am sorry but something does not seem right here.

You have said that you have a fine from 2004 and that you were not aware of this and then you have said that you spoke with the court and that you now agree that you have to pay it.

If you have been convicted in YOUR ABSENCE and had not received a summons then the court should allow you to file a statutory declaration which will "rewind" the process, and cancel the distress warrant and provide you with an opportunity to either admit or defend the claim.

Did you receive the summons?

Did you enter a plea?

davidmartin_3

Thanks for the response.

Sorry, let me correct myself.

I knew I did have the fine, but I thought I was paying it off at £5 per week, but there was a misscomunication and at the time as I had another court fine.

I have moved about a bit, and the court have records of 59 letters that have been sent out and returned with 'No Longer at this address'

I was told at the time that the court had put the fines together as one, and I would be paying them both off at the same time.

However, at some point these must have been seperated (I was not aware of this) and only found out today.

I know the fine does stand up and I do owe the money.

I know it was my fault for not making sure that what the court told me they would do was true.

I am more concerned about paying more than I actually owe the court. (I am not happy about having to pay Philips Bailiffs £100 on top as well, but I have no choice there!)

Snowedunder

I would need someone else to confirm what I am going to say, but hopefully I am correct.

The Court has actually done you a good turn in confirming that the letters never reached you, so you should be able, as has already said, be able to wind the clock back, using their proof to the Court Case. This would mean you could then make your own arrangements to pay the Court, But, do this very quickly, so that you can tell Phillips to naf off as it has gone back to Court. I believe the form you need is N244, but do get all this confirmed.

davidmartin_3

Thanks for the response.

The N244 form says that it is for a County Court. However, my fine is with a Magistrates Court. Are they the same thing?

Whilst I was on the phone to the Fines Officer at Northampton Magistrates Court, she told me that the letters have been returned with 'Not Known at this address'.

I did of course ask her if it was possible for the court to take back the debt so I could pay the court rather than Philips.

She told me that it was not possible to do this, and I need to pay Philips.

She told me that if I do not pay Philips enough money, then it would be considered neglegence and she would file for my incarceration.

I have looked at the N244 form, and it says that I need to provide the court with the evidence to why the court should cancel the order. I don't actually have the evidence, the court has it.

I think there is a very slim chance that the court would be happy to submit that evidence on my behalf!

fatbelly

davidmartin wrote: »

Thanks for the response.

The N244 form says that it is for a County Court. However, my fine is with a Magistrates Court. Are they the same thing?

No they are not!

This is the best guide I know of:

Factsheet | Magistrates' Court Fines