Phoenix Commercial Collections and council rent debt

[audiobookman]

Ive started to be hounded by this company, ive found out what they are after, about £400 outstanding rent from previous council flat. i moved out of the flat on dec 2001, we had an issue with getting keys back to them as they were closed all over christmas and best part of jan. in the end they adjusted my rent oweing from £400 - £120 which i owed and payed.

bounce along to april 08 and im getting letter after letter from these scu..... people, im not at all worried as its well and truely statute barred even if we did owe the moneys. ive rang the idiots up telling them to get lost as i didnt owe any money and its statute barred anyway, the woman on the end of the phone got really shirty and angry. i explained to her that IM the one thats got threatening letters so what does she expect, then hung up on me. i called back and got the same stroppy woman and told her that if i hear again i will be making an official complaint to the OFT, she then told me she would call the "county court Bailiffs" on me which made me chuckle. i told her that no court in the land would issue a warrant on a statute barred dept, she hung up again.

 

has anyone else had any dealings with this company so i know what to expect next?, my wife is dead worried as we have just had twins. she keeps telling me to just pay it, but under principle of the matter i wont. if the council had approached me before hand asking i would have spoken to them but as they have called in the hounds ive got no time for them now. ps the last time i spoken to the council was back in feb 2002 where my rent was zero balance, but murphys law i cant find that thing for love nor money.

cheers

[tiglet]

I would contact the council to see what is going on, firstly.

 

I'm not sure whether monies owed to the council can be statute barred or not - i expect someone who knows a little more about this will pop along soon.

[audiobookman]

thanks for the reply, i had called the council asking why, they said they would investigate it, that was about a month ago, i also asked them to stop the collection agency as they are investigating and they said they would, but alas still getting threatening letters from phoenix. i suspect council tax cannot be statute barred but im sure this dosent affect rent.

cheers!

[audiobookman]

hi, i just received a FORMAL NOTIFICATION from these muppetts. they are now threatening me with DOORSTEP COLLECTION TEAM, in 7 days!. Should i just post this in the FILE - recycling bin now.

Ive ran a credit check on line and there is no record of this dept on my file. Im assuming i can tell them to poke it then?.

This is council RENT not tax, is it still statute barred after 6yrs or not. as ive said ive spoken to the council - must be about 2months ago now and they said they would investigate but ive not heard anything from them, they probo have filed it in the same file i put these scumbags letters in.

thanks for your help

[42man]

Send them this letter...

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

[42man]

Also you may indicate to them that you have no intention of paying a debt that is barred by statute and quote them this from the OFT's guidance on debt collection...

 

SECTION 2.14 -

• continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

[audiobookman]

excellent tx, i will knock up something along those lines after work tonight, ty

[LF08]

Hi I have just been told by these m*****s that my standing order has been cancelled by them for nopayment ?? I have supplied them with fax copies of my bank statments and now they wont return my phone calls 11 to date all today what sort of company are they ??

[audiobookman]

Well i posted the statute barred letter back when i started this thread, now - ive started to get letters again. i will try to get the scanner hooked up laters.

 

they are still chasing this dept which is well and truely statute barred, but they are now sending the letters to my address with just the address not my name, even the letter dosent say my name on there.

They state in block capitals "legal action though the county court has started".

then the usual threat -o grams with my credit rating and mortgage (lmao).

 

They have been told that its statute barred, and the letters are now no longer addressed to anyone other than my address, im sure my house would miss not being able to apply for credit cards lol.

All joking aside im fuming over this, my daughter was the one that opened the letter as she generally grabs the junk mail which this looked like so is now asking questions. surely this is against the data protection act. do you think its time to make a complaint to the OFT?

thanks

[emmaf01]

Did you ever clear this up with the council? If not, I would write to the council making a formal complaint that a company is fraudulently using the council's name to threaten you about a debt which doesn't exist.

 

After all, if the balance was paid off, the debt doesn't exist. Then send a prove it letter to the DCA. After all, they haven't proved to you that any debt exists.

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

Don't sign either letter with your normal signature, just print. And send both recorded delivery.

 

I hope it works.

[audiobookman]

Thanks mate, i contacted the council back when i started this thread, but NEVER recived a reply to thier investigations, thus they will never recieve a penny from me.

 

heres the first one

 

 

 

then this one i recieved today

 

neither of these letters were addressed to me. they have done this on purpose to try and highlight the fact it may damage other people living at my addresses credit rates, scumbags!

i think these should be filed in my excellent file system. the B1N.

Edited November 16, 2008 by audiobookman

[42man]

Dear sir/madam

 

You have failed to respond to my letter stating that I had no intention of paying for a debt that is barred by the statute of limitations act 1980, however despite clear guidelines on statute barred debt given by the Office Of Fair Trading, you still see it fit to harrass me, and threaten me with legal action, which could clearly be seen as a vexatious, unlawful and frivolous action.

 

As I have rasied this dispute previously on (xxxxx) which was delivered to your (clients/your offices) and signed for by you on (date)

 

Please note that if it is your intention to issue any court proceedings, I will immediatley apply to set aside any action, and make no mistake, when it comes to the issue of costs I would be delighted to show this and previous correspondence to the judge.

 

I would now request, you send me a copy of your official complaints procedures, failiure to do this within 14 days, will result in me escalating your harrassment to Trading Standards, The Office Of Fair Trading, The Financial Ombudsman.

 

I hope this makes my position clear.

 

(If they fail to respond complain to all !!)

[audiobookman]

blindme thanks mate, thats just the ticket!!!

will post this first thing tomorrow!!

well done

thanks!

[emmaf01]

42man's letters are always great. I think I've sent at least one to each of my stable of DCAs!

[audiobookman]

thanks to all, i feel like im going round in circles with these twats.

 

 

they have completly ignored all requests of statute barring and asking for complaints proceedure. i wonder what part of I AM NOT GONA PAY YOU they dont understand, or do they speak a different language in bolton, sorry any bolton peeps!. i think a official complaint is the next step.....

cheers

[hillards]

...do they speak a different language in bolton...

AH - Bolton, must be the Peter Kay method of Debt Recovery - they're having a laugh!

[42man]

I would report them to trading standards at this stage and the OFT.....

 

One last throw could be..

 

Dear sir / madam

 

As you have avoided any of my points made in previous correspondence, I now require you to send me your official complaints procedures. If these are not forthcoming within 14 days, I will have no hesitation in passing this to the Financial Ombudsman Service, Trading Standards and The Office Of Fair Trading.

 

Your actions seem to openly flout both the Consumer Protection from Unfair Trading Regulations 2008 Act and the Office Of Fair Tradings guidelines on debt collection.

 

I am also charging you the sum of £35 for every letter I have to write in response to your threats and harrassment.

[mr.ton]

It really is just a merry go round with these clowns seemingly

[audiobookman]

42man - your a god!!!!

That template is being sealed up right now and im gona drop it in the post on the way to pick the daughter up from school.

The do make me die, pay us pay us pay us, then you ask for information and remind them of the law then .... its nothing to do with us contact the OC, but you must still pay us. they think i was born yesterday....

thanks again

[what are my rights]

Can any one tell me my rights under wrongful distress?

 

I fully satisfied a liabilty order with luton brough council, but Phoenix Commercial Collections are still trying to exploit the order to extract their fees for visits that they did not do.

I complained to LBC who said that they have asked PCC to hold off until they investigate, however, PCC issued a NOTICE OF DISTRAIN a week later adn RAMPED up their fees

 

I have written back to LBC requesing they WITHDRAW the oder immedaitly s o i can deal with the 'debt'. stil waiting for a reply.

 

Should i pay the fees then seek recompense from LBC through the government ombudsman? I don't want them to keep RAMPING up the fees and threathing to remove goods.

 

PCC have never been in my house.

[deck1612]

I recieved a letter from this company to about a debt for £63.21 pence by the calderdale borough council but it does not tell me what it for or anything so there no way i am going to pay for something i dont even know what it for. Can any body help.