Help With Philips Bailiff Threatening Letters

rainbowj63

Hi, I was unemployed a couple of years back and when I started work there was a stuff up on my housing benefit which I should have sorted out properly there and then but was in no fit state to sort anything to be honest. I was entitled to the run of HB as I had been out of work for over six months but this was not applied to my account. I thought it was done but this has crawled out of the woodwork they are asking for £1,324.99 Im sure I do not owe all that maybe some but I have written to HB to ask them to adjust my account but have had no response. I just keep get these threatening letters from Philips I did write to tell them the amount was wrong but they did not respond to my letter just kept on with their standard letters. What I need to know is do I ignore them and keep trying to get the HB to sort the account or do Philips actually have the powers to enter for a HB debt. I know it may be true for other debts such as fines or council tax but Im not sure these are the same as court bailiffs and are just chancing their arm and just acting in this instance as a DCA ..... any advice as I will have to make an arrangement with them via the telephone as I do not want them attending my home!! The last letter I received said it was a pre-enforcement notice .... that they intend to attend my property. But surely they have to get a court thingy first to do this. Im at a loss and would be very grateful for any help.

Queries

Dear rainbowj63, contact your houisng benefit,owning, department as-soon-as-possible (face-to-face, if possible and ask them for a breakdown of what you owe - and if you agree with it, a payment plan that you can afford).

Also, it would be worth your while to contact/visit your local CAB (Citizens Advice Bureau) as-soon-as-possible (you may be able to do this on their website - I am not sure). Do not let the bailiffs in - they are like vampires, they will continue to enter once allowed in (keep windows and doors shut).

Another thought is to contact Shelter and ask their advice (number in the 'phone book or via their website). Good Luck!

rainbowj63

OMG so they are proper bailiffs I will ring the HB on tuesday let hope Philipps do not work on bank holidays unlike myself. Many thanks

taffy056

On this matter they are probably acting as debt collectors, there is a world of difference to them, they don't have any powers beyond sending letters. But if it's been to court then the situation is different. Can you confirm if there is judgement on this ?

rainbowj63

Hi thanks for your post.... no there is nothing that looks remotely legal just threatening letters, a welfare notice, and then an intention to call letter. I have written back tonight (I work nightshifts) asking them to stop contacting me whilst the debt is in dispute as I would like to sort it out with the DWP to get the figure correct I may well owe a bit as I said but not what they are asking for. Im sure they will keep contacting me however.

DVardysShadow

rainbowj63 wrote: »

OMG so they are proper bailiffs I will ring the HB on tuesday let hope Philipps do not work on bank holidays unlike myself. Many thanks

OMG even proper bailiffs only have any powers if they have a court order. Otherwise they are ordinary mortals like you and I.

So has this matter been to court?

rainbowj63

No as far as I know it has not ....im still in dispute over how much I owe and have written to Phillips again today to remind them they took no notice of my letter and that as the debt is in dispute they must leave me alone. Ive written again to the HB but I will call them tomorrow when I get home as this is seriously stressing me, I want to pay what I owe as I may well need HB in the future god forbid and any overpayment will be taken out of my benefit so I could end up homeless again.... thanks again everyone

rainbowj63

Think im more worried someone will knock on the door and my partner who is not involved in any household finance will find out that Im behind and over reacte. I manage everything and struggle as he does nt contribute much due to low income. I has no idea what life costs and I cant deal with his stress on top of mine.

taffy056

Listen please don't stress over this situation, if as I suspect they are acting as debt collectors they have no powers at all, you can even send them a letter denying them permission to call at your house or phone you. Get the info you need and deal directly with the HB people if you can, they are not in it for the money like Philips so it's worth speaking to them. And by the way get any agreement you make in writing off them.

rainbowj63

Thanks again for your support, seems like Ive been in debt all my life !!! Its embarrassing to say the least

Anthorn

If the bailiffs are, as you say, proper court bailiffs, then a distress warrant must have been gained from the County Court in which case you will have received information about it. And before that is issued a County Court judgement must have been obtained which you have not complied with. If all that has not happened then they are debt collectors.

It's probably something that is debateable but if you inform debt collectors that the debt is in dispute and they still pursue you before the dispute is settled then they are in breach of the Protection From Harassment Act 1997.

Personally I would make an offer to the council of monthly payments to clear the debt and then stick to it if they accept it. Housing benefit can only be backdated so far and I'm not sure what the deadline is.