collectica - payment for littering fine

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limecat86
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Joined: 02 Dec 2014 22:31

collectica - payment for littering fine

Post by limecat86 » 02 Dec 2014 22:55

I have Collectica demanding payment of £612.50 for a litter fine through Northumbria Council.
I only found out about Collectica's involvement when my mother received a letter hand delivered for removal of
goods if the debt isn't cleared instantly, though the letter states it was hand delivered to me for some reason...

I actually tried to pay the initial fee of £75 with the council but I couldn't get through to them (I have email evidence supporting this)
and this turned into the debt being passed on to Collectica.

A couple of questions:

1). Can Collectica take goods at a relatives or friends house?

2). Do bailiff companies have the right to ignore a payment plan in installments? I have told Collectica I
literally can't afford the full amount however I could afford to pay (_) a month, but they keep saying "no" to this.

3) Do bailiffs have to give written notice of when they can show up at an address to take goods? Or can they
turn up at their own choice without warning?

As I mentioned above, the warrant of control given at my mothers address states that it has been handed to me?
Clearly it hasn't and the bailiff gave my mother a FINAL NOTICE for removal of goods but I personally never received
the first notice never mind the final one, because I no longer live there.

I have been thrown in the deep end with Collectica and was never given warning of it getting to this stage
(goods removal stage) because I moved home.
Okay, Collectica weren't to know I moved house but is there any rights to their goods removal threats
if I haven't been able to receive the previous letters/warnings? that's question 4 :)


Thanks

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Hithard
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Re: collectica - payment for littering fine

Post by Hithard » 03 Dec 2014 07:44

Hello Limecat,
This looks like a fixed penalty notice that was passed onto the magistrates court because it wasn't paid.
The first thing to do is to run the online court fine enforcement check. See http://www.dealingwithbailiffs.co.uk/finelegal.html
Give it a go and let us know what it says. It's quick and easy and may find grounds why enforcement is wrong.

In answer to your questions;
1)Collectica can levy on goods that belong to you only and those goods have to be at the address on the warrant. They can't take goods from a place where you do not live or belong to anybody else.

2) Collectica should accept a payment plan that does not put you under undue hard ship. Though the crooks do like to put you under pressure to clear the debt to their agenda. Bailiffs must not pressure a debtor to make unrealistic offers, paragraph 24 of the Taking Control of Goods, National Standards 2014. Bear in mind that the crooks like to pocket their made up fees before passing on the actual fine amount to the court.
If you know the original fine amount then you can pay the fine direct to court. Do you have the fine reference number? If so you can pay here https://www.gov.uk/pay-court-fine-online. You do not have to pay the bailiff's fees only the actual fine amount.
There are no bailiffs fees payable when a bailiff recovers an unpaid magistrates court fine. This is because Parliament has never approved any legislation that sets a statutory fee schedule for bailiff companies when they distress on goods, or recover an unpaid magistrates' court fine
The Schedule of the Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 creates statutory fee schedules for each debt stream from table 1 of the Schedule in The Taking Control of Goods (Fees) Regulations 2014 . However paragraph 1 of the schedule, magistrates court fines, has not implemented the statutory fee schedule for the recovery of unpaid magistrates' court fines.

3) If the notice of enforcement was given to you (at the address that you live at not any body elses) then they have to leave it 7 days before they can turn up. They can turn up any time between 6am and 9pm except sundays.

You don't live at the address the bailiffs contacted so there's little they can do. They cannot force entry to your mums home or anybody elses.
Descendite ne illegitimi

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Schedule 12
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Re: collectica - payment for littering fine

Post by Schedule 12 » 03 Dec 2014 08:23

The law says you must be 'GIVEN' a statutory notice of enforcement at least seven clear days excluding public holidays and Sundays before a bailiff starts enforcement.

The law is Regulation 6 of the Taking Control of Goods Regulations 2013 and Paragraph 7(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. The allowed methods giving the notice are prescribed in Regulation 8 (1)(e).

This is what a Notice of Enforcement actually looks like.

If the notice was not given to you at least seven clear days excluding Sundays and public holidays then all enforcement action that follows is not compliant with enforcement regulations. You can start the formal complaints procedures as shown here

Ask the bailiff company for a tracking number for the Notice of enforcement. If they cannot produce one then use Section 7 of the Interpretation Act 1978 by making a sworn declaration you have not been given the notice. Here is a template Statutory Declaration. It also revokes all the statutory fees the bailiff has charged you. Once you have sworn it in before a solicitor, give copies by email to the council, the bailiff company and by text message to the bailiff's mobile. You can get the council CEO's email address here. Ask the council to cease and disist from continiuing non-compliant enforcement action. If you get fobbed off, speak to the Ombudsman.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

limecat86
Posts: 4
Joined: 02 Dec 2014 22:31

Re: collectica - payment for littering fine

Post by limecat86 » 03 Dec 2014 22:47

Would like to thank both of you for your replies, much appreciated.

I have actually been seeking advice and help from numerous sources such as my MP's office, the courts, CAB and my local council and all have them confirmed what you have said here, which is good news.

So far I have been playing naive with the bailiff, saying I will try and get him the £600 (I have genuinely tried) but never told him I was going above his head or seeking legal help, however today around 4pm I finally showed my true colours and laid out everything I have found about how he is not complying with the regulations. For the first time he was speechless, but still persisted on telling me I cant pay in installments. After this I told him that he is going against the rules which have been confirmed to me by the courts etc and now I was going call Community Legal Advice. He hung up...

The goal is to get this mess sorted and not have to worry about not finding £612.
I am happy to take responsibility for littering but Collectica doesn't comprehend that I don't have the whole fee in one sum, it will take me months to clear this off under my tight budget.

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Schedule 12
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Re: collectica - payment for littering fine

Post by Schedule 12 » 03 Dec 2014 23:15

If you need more time and you have had a change of circumstances then you have a card to play. Section 85 of the Magistrates Courts Act 1980.

See: http://www.dealingwithbailiffs.co.uk/Co ... tances.htm you have nothing to lose except the bailiff and his fees.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

limecat86
Posts: 4
Joined: 02 Dec 2014 22:31

Re: collectica - payment for littering fine

Post by limecat86 » 13 Dec 2014 10:49

I will check out that link jason. I hit a wall with the Community Legal Advice as they can't help me due to my situation
not being their priority anymore, they can't offer advice to me.

I just want to pay the debt in reasonable installments but struggling to make this happen.

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Schedule 12
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Re: collectica - payment for littering fine

Post by Schedule 12 » 13 Dec 2014 12:04

I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

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