Another issue with Collectica!

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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Kimbo2102
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Joined: 22 Jun 2017 07:05

#1 Another issue with Collectica!

Post by Kimbo2102 » 22 Jun 2017 07:16

I received a £811 fine for no insurance via the court. I missed the deadline to send back my means test but I'm a single parent on housing benefit and tax credits as I'm on a low income. My debt then got sent to Collectica. I called on immediate receipt of their first letter on 19/5. I wanted to pay in instalments, the only scheme they'd offer me is £265 deposit and then £88 per week to include their £75. I did not have the deposit at the time so Chelsea (call handler) suggested wait til 31/5 when my chance to agree this method lapsed and then agree this method and then that gave me a further 7 days to come up with it. I was out of the UK on 31/5 so I emailed thinking this would be sufficient notice I'd like to accept their agreement even though it was taking nearly all my tax credits a week. I received an automated response saying they'd reply within 3 days so I continued with my break. On return, I went to pay via this method on 7/6 and then they said I was out of time in order to pay like this and I now needed to pay all in one go. I said not going to be possible as I'm a single parent and don't have any surplus income let alone £800+ just lying around. Got a phone call from a collections officer yesterday saying he was outside my house and could get a locksmith to break in if needed to take property from my house but he was a 'nice guy' and wouldn't do this if I agreed a payment plan. He also said at one point he was a High Court Offficer. He's now saying I owe over £1100 inc charges. Is he right in what he said that he could break in to take stuff? Is there any way I can get the charges removed due to hardship etc? I'm due to pay a £300 deposit tomorrow then the rest at the end of the month. My son also has mental health issues that myself and his school are currently being referred to the local mental health authority. I'm in absolute despair here as to what to do 😢 Please help!

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Schedule 12
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#2 Re: Another issue with Collectica!

Post by Schedule 12 » 22 Jun 2017 08:33

Kimbo2102 wrote:
22 Jun 2017 07:16
I received a £811 fine for no insurance via the court. I missed the deadline to send back my means test
The law doesn't set a deadline for a defendant to be means tested.

Section 165 of the Criminal Justice Act 2003 just gives the court power to remit fines where the fine has been imposed without an ascertainment of means.



but I'm a single parent on housing benefit and tax credits
Do you fit into any if this? If so, the bailiff cannot recover fees. They are not means tested. http://www.dealingwithbailiffs.co.uk/Ba ... eholds.htm



as I'm on a low income. My debt then got sent to Collectica. I called on immediate receipt of their first letter on 19/5. I wanted to pay in instalments,
Do not try to pay a bailiff company instalments. They will mess you about.


the only scheme they'd offer me is £265 deposit and then £88 per week to include their £75. I did not have the deposit at the time so Chelsea (call handler) suggested wait til 31/5 when my chance to agree this method lapsed and then agree this method and then that gave me a further 7 days to come up with it. I was out of the UK on 31/5 so I emailed thinking this would be sufficient notice I'd like to accept their agreement even though it was taking nearly all my tax credits a week. I received an automated response saying they'd reply within 3 days so I continued with my break. On return, I went to pay via this method on 7/6 and then they said I was out of time in order to pay like this and I now needed to pay all in one go.
Bailiffs will mess you about.





I said not going to be possible as I'm a single parent and don't have any surplus income let alone £800+ just lying around. Got a phone call from a collections officer yesterday saying he was outside my house and could get a locksmith to break in if needed to take property from my house but he was a 'nice guy' and wouldn't do this if I agreed a payment plan.
Bailiffs will keep messing you about.



He also said at one point he was a High Court Offficer.
This is not Collectica MO. If a bailiff says he is an officer then he commits an offence of fraud by false representation under section 2 of the Fraud Act 2006.




He's now saying I owe over £1100 inc charges. Is he right in what he said that he could break in to take stuff?
Breaking entry is only allowed if the defendant is inside the property wilfully refusing entry AND there is an amount outstanding. It does happen, but it's not commercially viable because the bailiff company's liability insurers are complaining about the months of litigation and court proceedings that follow a break-in. Bailiffs will always threaten it nonetheless.







Is there any way I can get the charges removed due to hardship etc?
The court service does not follow its own guidelines. A good example is the judicial review of R (on the application of Purnell) v South western Magistrate's Court [2013] EWHC 64 (Admin). The court required South Western Magistrate’s court that is must follow its own court guidelines when administrating a case.




I'm due to pay a £300 deposit tomorrow then the rest at the end of the month. My son also has mental health issues that myself and his school are currently being referred to the local mental health authority. I'm in absolute despair here as to what to do 😢 Please help!
If you are able to pay the FINE itself into court, the enforcement power ends. You have to give notice to the bailiff. That way, everything that follows lands the bailiff company a big bill and months of court proceedings defending the claim.
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Author: dealingwithbailiffs.co.uk

Kimbo2102
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#3 Re: Another issue with Collectica!

Post by Kimbo2102 » 22 Jun 2017 08:44

All the above read and understood with thanks Jason. I'm a single parent family with just me and my 12 year old son at the property. What would you advise to do next? Can I send the means tested requirement letter to Court? I'm just worried if I do that I have no power to stop him calling/demanding money again at tomorrow's deadline? I discussed all this with him and all he said was not his problem he has a debt of £1121 to be recovered by end of month

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Schedule 12
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#4 Re: Another issue with Collectica!

Post by Schedule 12 » 22 Jun 2017 11:43

The law doesn't mandate the court to withdraw enforcement if a change of circumstances is reported. It's discretionary but you can pile on the pressure if Court Service mess you about.

http://www.dealingwithbailiffs.co.uk/Ma ... TESTED.htm
Run this Checklist. If no joy, then we'll fix it
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Kimbo2102
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#5 Re: Another issue with Collectica!

Post by Kimbo2102 » 22 Jun 2017 12:42

Ok I've emailed the courts fine dept this morning so shall see what they come back with.

If I went to the court direct next week and aid on their automated system for £811 would I still need to pay bailiff fees?

Kimbo2102
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#6 Re: Another issue with Collectica!

Post by Kimbo2102 » 22 Jun 2017 13:56

This is the response from the court:

Dear Ms Nurden,

I have been passed your query. Although I sympathise with your son's health issues as the fine is in your name and not your son's I am unable to help you in this instance. I would strongly suggest that you contact the bailiffs and try to make an arrangement to pay.

Regards



Lisa Mastrantone

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Schedule 12
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#7 Re: Another issue with Collectica!

Post by Schedule 12 » 22 Jun 2017 21:45

If you pay the fine into court, the enforcement power ceases, but you will have an angry bailiff wanting his fees.

He might even threaten you with a locksmith or break into your house to get you to make over £310 fees. If he does that, then a Channel 4 documentary production would like to hear from you. Contact me if that happens.
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Author: dealingwithbailiffs.co.uk

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