Court fine, Collectica, Marston Holdings

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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CFClarke7
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Joined: 20 Jul 2017 15:55

#1 Court fine, Collectica, Marston Holdings

Post by CFClarke7 » 20 Jul 2017 18:01

Hi all, been a lurker on and off and this is my first time posting. Ive seen a lot of helpful threads and great advice from everyone and im now hoping that someone can help me with my own situation. Gonna be a long one though please bear with me

Bit of background, im 26yo Male, married with 2 children under 5. We live together in my wifes property which is rented via a housing association.

I had a court fine back in November 2016 for assault, £85 x3 (fine, costs, victim compo) so £255. At the time i was working an ok job, and as such when the fine was issued they order it to be paid in full by end of January 2017. i lost my job shortly after the court date, and so was out of work by christmas, great time of year for it, and thus was obviously struggling financially. I called the collections office, explained the situation, and came to an agreement(or so i thought). I offered to pay monthly, negotiated prices etc, and as i understood it the installment plan was £10 a month until further notice or i get a job and pay in full. I clearly remember the guy on the phone saying 'we'll send you out a card in the post and make your first payment next month(february). I paid my first £10 on 27/02, another £10 on 30/03, another £10 on 09/04, and as far as i knew everything was ok. i missed my May payment and didnt get it paid until early june, to which i received a letter shortly after titled 'With reference to a recently received payment' informing me that 'There is a warrant of control issued against this account which is currently with Collectica Enforcement Services for the enforcement of the outstanding amount due.' Basically telling me to stop paying as its not owed to them anymore and theyve passed it on.

Here's the fun part. I called the collections office who reaffirmed me that there is nothing they can do now, and i argued why had they passed it on when i was sticking to the arrangement albeit being late once, to which they told me that i hadnt stuck to the arrangement at all because it was apparently £43 a month they wanted, which i dont recall at all but thats neither here nor there. whatever. So for 3-4 months they could see i was paying £10 a time and they never informed me that i was actually behind all along. Anyway. Its passed on now.

The next day i received a letter from Collectica, titled 'NOTICE OF ENFORCEMENT' issued 13/06, telling me theyve added £75 compliance stage fee and to pay the new amount (£295) in full by 27/06. Obviously i don't have that kind of money to hand so i called Collectica. I explained that i had no idea it was being passed on, had no warnings etc, and the very lovely helpful lady(/sarcasm) basically told me in no uncertain terms that i had to pay in full on the phone there and then. I said there is no way ill be making payments over the phone and that i cant afford that anyway, if the court themselves were happy with £10 a month(although apparently they wasnt) then what makes them think they should get anything different let alone £295 in one sum? I offered to make a payment plan to which she said they don't have to accept anything i offer, and proposed an offer of her own of 50% upfront, 50% in a week, which i couldnt do. She said the only other offer she can make is 33% up front and the rest in weekly payments of around £40, which unfortunately i still couldnt do. she said they dont means test, dont have to take in to consideration any of my circumstances, bla bla bla and that if i dont pay in full or come to an agreement by 27/06 that they will take it further. So i said my offer of £10 a month still stands and that i might even be able to make £10 a week at a push, and she told me it was unacceptable and to expect further action and hung up.

fast forward to today, with no letters or phonecalls or emails or any contact whatsoever in the meantime, and my wife gets woken up this morning by what she said were High Court Enforcement Officers, saying that they were coming in to take goods to the value of £530. My wife managed to fob them off by saying i wasnt here and live between here and my mums, and that i would call them. She was given a letter titled 'FINAL NOTICE' saying 'despite previous notices and attendances i shall attend to take control of goods and remove for sale by public auction' There has been no prior contact nor attendances. 'Balance due as at today: £530' if also the first ive heard of that amount. The guy has ticked all options of when he will return. This letter is also apparently from Marston Holdings. She was also given a card from Marston Holdings titled 'NOTICE OF INTENTION TO ENTER AND SEARCH YOUR PREMISES - REMOVAL NOTICE' quoting some Acts and sections.

What should I do? Ive read many different things, my wife is scared of them breaking the door down or entering when we arent home and is scared for the dog too because if it bites one of them they'll put my dog down :( My wife is scared of them taking her car(which is NOT mine, i don't drive) and the kids things like tv, tablets etc, although to be fair they'll have a hard time raising the original 255 from stuff in my house let alone the 530. My wife is absolutely distraught and we dont know what to do, we simply just dont have that sort of money.

Where do i stand? Can they force entry? will they take our stuff? what myths or assumptions are actually true or not, can i pay the original 255 online or at a court and ignore the bailiff charges? Do i just ignore it all and hope it gets passed back to the court?

All help is greatly appreciated, sorry for the essay i thought it better if i gave all the information i could. Also no calling me a cheapskate for only offering £10 a month, im poor ok!

Thanks everyone.

Callum

CFClarke7
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Joined: 20 Jul 2017 15:55

#2 Re: Court fine, Collectica, Marston Holdings

Post by CFClarke7 » 25 Jul 2017 15:09

UPDATE

Just an update for anyone who is still viewing this thread;

I managed to get the money together for the original fine, the outstanding £215 from the 255 court fine, and i paid this outstanding amount directly to the court as people have been advised to do on other threads. this would bring the balance of the court fine to 0. i then used the template regarding schedule 12 about once the sum adjudged is paid that the enforcement power is dead and the agents have no power to levy goods or break entry regarding their owen fees bla bla bla and sent it by post, by email, and by text to the enforcement agents number that he left. However i received what i assume and hope is an automated letter in response to my payment which says the following;

"With reference to a recently received payment of £215.

There is a warrant of control issued against this account which is currently with collectica enforcement services for enforcement of the outstanding amount due.
Accordingly your payment has been forwarded to the approved enforcement agent to credit against the money owed.
Once the warrant of control has been issued the approved enforcement agent is ordered to collect the money owed and any costs of carrying out this warrant. payment of the order itself to HM Courts and Tribunals Service will not change this situation and they will continue to enforce the order against you for collection of the whole amount.
Please note that all future payments, on this account, should be made to the approved enforcement agent and not HM Courts and Tribunals Service."

So now im a little worried that this letter contradicts what we've been told about the enforcement power of the agents?

Can they still break entry or enforce the warrant for their own fees? could they take goods from our house? Or should I, now that the original court order is paid in full, just ignore the bailiff guy if he comes back round?
any help is greatly appreciated because now my wife is worried again.

thanks guys

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Schedule 12
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#3 Re: Court fine, Collectica, Marston Holdings

Post by Schedule 12 » 25 Jul 2017 18:52

Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

CFClarke7
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#4 Re: Court fine, Collectica, Marston Holdings

Post by CFClarke7 » 27 Jul 2017 12:33

Thanks for your reply and the link, that was very helpful.

Just to clarify, the original fine is paid, the only 'outstanding fees' is Collectica's charges for compliance stage and for some reason another 230-odd was added, with no explanation, but im assuming its for the 'hassle' of having to knock on my door to give my wife the paperwork. I do not HAVE to pay these fees, right?

Thanks again

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Schedule 12
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#5 Re: Court fine, Collectica, Marston Holdings

Post by Schedule 12 » 27 Jul 2017 12:39

The law says the debtor is liable for the fees, but the enforcement power ends when the fine is paid.

The bailiff cannot add the £235 enforcement stage fee after power ends. If he takes an enforcement step, you can sue under paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

CFClarke7
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#6 Re: Court fine, Collectica, Marston Holdings

Post by CFClarke7 » 28 Jul 2017 13:14

So the £75 + £235 that they say they have already added (the card they gave my wife says the total was 530, i have since paid the original fine), what happens if i don't pay the bailiff company their fees?

thanks again

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Schedule 12
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#7 Re: Court fine, Collectica, Marston Holdings

Post by Schedule 12 » 28 Jul 2017 15:00

The bailiff may threaten you. How much risk he takes is down to the nerve of the individual.

Cross the line, make £90 commission, and they could end up with months of expensive litigation and losing the £90. It's a gamble, with odds stacked against them.
Run this Checklist. If no joy, then we'll fix it
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CFClarke7
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#8 Re: Court fine, Collectica, Marston Holdings

Post by CFClarke7 » 29 Jul 2017 13:05

Thats great, thank you so much for your help and advice :)

CFClarke7
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#9 Re: Court fine, Collectica, Marston Holdings

Post by CFClarke7 » 17 Aug 2017 16:09

Hello again, quick update and question if you dont mind!

After sending the 'outstanding fee is paid' template by email, post and sms, Collectica replied around a week later via email asking for proof of payment, which i provided, then heard nothing back from them since.

Today however i received another letter from them, oh the joys;

''Total you owe at the date of this letter: 310' (which is the 75+235 they added to the original fine)
Our ref: ###
Who you owe money to(our client): HMCTS
Client ref: ###

Dear Mr Clarke,

you need to pay the total shown above.

YOU MUST PAY THE TOTAL YOU OWE. IF YOU DO NOT PAY, WE HAVE COURT AUTHORITY TO REMOVE YOUR GOODS, AND APPLY FEES AND COSTS.

Please contact us immediately. this will help prevent further action being taken. if you do not contact us, an Enforcement Agent will attend your property. the fee for this visit, which is set by law, will be a minimum of 235. more information on fees can be found on the back of this letter"


What would you advise? is this a scare tactic, them hoping that i'll still pay, or do they still have authority? surely they cant put in big and red ''we have court authority to remove your goods and apply fees and costs" if they don't?

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#10 Re: Court fine, Collectica, Marston Holdings

Post by Schedule 12 » 17 Aug 2017 16:12

It's a standard template used when the bailiff is unable to contact a debtor. I don't know why they used it for a case they know the amount outstanding is paid.

The bailiff is trying his luck getting his commission on a closed case.
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Edd
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#11 Re: Court fine, Collectica, Marston Holdings

Post by Edd » 17 Aug 2017 20:45

Is this the very same Collectica that charges for work not actually carried out? still up to their old tricks again.

Anyone getting hassled out there by this lot remember this. Some of their agents are quite happy to single out innocent people, demand monies with menaces and via use of threats then disappear into the sunset thinking it is kinda funny? People who have absolutely nothing to do with their alleged demands whatsoever. They also treat folk with utter contempt and deserve nothing but the same back.

Lowest of the low. Do not be fooled otherwise. Complaining to them and their responses can on occasion test your sobriety however take it further and via your local MP. Or, if you feel aggrieved by Collectica. Rip off merchants of the highest order.

CFClarke7
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#12 Re: Court fine, Collectica, Marston Holdings

Post by CFClarke7 » 19 Aug 2017 12:54

Thanks again guys, this is a great forum and you all do great work. keep it up :)

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