Phoenix Commercial Collections Harrassment

[chrisuk73]

Hi

 

I have a problem with this outfit, Phoenix Commercial Collections.

I have read up on them online and they seem to be a dishonest lot.

 

I had a litigation case two years ago (unrelated) which cost me a lot of money

and my personal finances eroded. I ended up with some council tax debt.

 

I got everything sorted in my life end of 2015 and paid off various debts.

I had £2051 owing on council tax, which I paid in full in late January 2016.

I have a letter from the council dated 17th Feb that states my account is clear.

 

In mid Feb I get a new, out of the blue letter from Phoenix saying that I owe said £2051

plus £75 enforcement. I ignored it as the amount was paid by that time.

 

I get a few more letters and calls.

I tell them to go away as there was no debt in my mind.

Not just that but I have council correspondence stating the same.

I have bank statements showing the amount as paid.

 

Today an undesirable knocks on my door at 8.10 in a bright yellow jacket demanding £310 or they seize goods.

They also interrupted an early meeting as I work from home, its also my trading address.

I told them to get stuffed and they went away but saying they would return to take my belongings.

 

Later I inspect my old letters from Phoenix and called them. They now state that :

 

1. The account was passed to them a few days before I paid the council in full.

I suspect them of backdating but can't confirm.

All I know is that I had settled the bill before I ever heard of these Phoenix guys.

 

2. They say I still owe money to the council at first but now accept that I do not.

I think they backdated a letter to pursue fees, I'll never prove that though.

 

3. They have upped the bill to £310 to cover costs of visiting my home and enforcement.

Except I didn't invite them and they are enforcing a non debt.

Also my online research suggests that this is a common bailiff [problem] when the principle debt is paid and illegal, section 58. At best they are trying to enforce and levy £235 on a £75 compliance fee, that due to the dates on letters I also dispute.

 

So the rude woman at the door didn't bother me too much besides quoting lots of liability order legalise at me, a quick get lost and she was gone. I have since written to Phoenix instructing them not to attend again without prior appointment.

 

Thing is firms like this are parasitic in nature and they will probably come back. They are trying to use the original council liability order as their muscle. However that debt is clear (in writing ) before I ever heard of Phoenix.

 

That they are trying to levy another £235 and my research lists this as a common [problem] makes me question their honesty and integrity. They think I owe them £75 (I say not) and are adding further enforcement costs to that.

 

It would be easy to pay to go away but I don't see why I should line their pockets. Advice would be welcomed.

 

Chris

[martin2006]

The council involved can stop them coming, ive had similar many moons ago and got the council tax dept to stop the harassment, they will be easier to deal with than phoenix

[Leakie]

Hi Chris

 

You will need to get on to the council,

get it in writing, when the Lo was passed over to the EA company.

 

At least you will know the exact date.

 

Unfortunately if you paid after the debt was pass over,

you will owe the fee's

regardless of when you got your letter of enforcement.

 

I always thought it started once you received, the letter, but it's when the council pass it over that counts.

 

Also ask the council the exact amount of the LO as interest would have been charged on anything over £1500.

 

 

Leakie

[Bailiff Advice]

Hi

 

Later I inspect my old letters from Phoenix and called them. They now state that :

 

1. The account was passed to them a few days before I paid the council in full. I suspect them of backdating but can't confirm. All I know is that I had settled the bill before I ever heard of these Phoenix guys.

 

2. They say I still owe money to the council at first but now accept that I do not. I think they backdated a letter to pursue fees, I'll never prove that though.

 

3. They have upped the bill to £310 to cover costs of visiting my home and enforcement. Except I didn't invite them and they are enforcing a non debt. Also my online research suggests that this is a common bailiff [problem] when the principle debt is paid and illegal, section 58. At best they are trying to enforce and levy £235 on a £75 compliance fee, that due to the dates on letters I also dispute.

 

So the rude woman at the door didn't bother me too much besides quoting lots of liability order legalise at me, a quick get lost and she was gone. I have since written to Phoenix instructing them not to attend again without prior appointment.

 

Thing is firms like this are parasitic in nature and they will probably come back. They are trying to use the original council liability order as their muscle. However that debt is clear (in writing ) before I ever heard of Phoenix.

 

That they are trying to levy another £235 and my research lists this as a common [problem] makes me question their honesty and integrity. They think I owe them £75 (I say not) and are adding further enforcement costs to that.

 

Chris

 

Chris,

 

It is a shame that you did not pay the £75 Compliance Fee because this would have avoided the need for the enforcement agent to visit and with it, the debt increasing by way of the enforcement fee of £235.

 

Your query is such a common one and is the reason why the following sticky that I drafted a few months ago is so popular. If you have any further queries after reading it, please do post back.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?453047-Bailiff-enforcement-Setting-up-a-payment-arrangement-and-whether-you-can-pay-the-court-or-the-council-direct

 

PS: As Leakie has correctly stated, the enforcement agent fees are indeed due.