Collectica advise

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Georgias12
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Joined: 02 Apr 2018 11:29

Collectica advise

Post by Georgias12 » 02 Apr 2018 11:37

Hi there
I had a court fine for £100 which was apparently issued to me on my sentencing (which I did not receive as I was in prison) and nobody can provide proof of the issuing of this fine. Anyway on release from prison I was not allowed back to my previous property and letters have been sent there by collectica which obviously I would have never have received. On further investigations seems also like they had been sendin letters and ballifa visiting flat 6 when I lived at flat 4 and I have proof of this. I said I would pay the original court fine but not al the other fees they have added on top due to them going to the wrong address the issues lies between them and their client. They have threatened to send further baillfs to my new address if I don’t pay the full amount so I have had to pay. What can I do to try and get my money back can I file a court case against them?

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Schedule 12
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Re: Collectica advise

Post by Schedule 12 » 02 Apr 2018 14:24

You were in prison and did not know about the fine until after you were convicted.

The law says the proceeds are invald because you did not know about them. Section 14 of the Magistrates Courts Act 1980 states:
  • 14 Proceedings invalid where accused did not know of them.

    (1)Where a summons has been issued under section 1 above and a magistrates’ court has begun to try the information to which the summons relates, then, if—

    • (a)the accused, at any time during or after the trial, makes a statutory declaration that he did not know of the summons or the proceedings until a date specified in the declaration, being a date after the court has begun to try the information; and

      (b)within 21 days of that date the declaration is served on the designated officer for the court, without prejudice to the validity of the information, the summons and all subsequent proceedings shall be void.


    (2)For the purposes of subsection (1) above a statutory declaration shall be deemed to be duly served on the designated officer if it is delivered to him, or left at his office, or is sent in a registered letter or by the recorded delivery service addressed to him at his office.
In plain English, that means you must make a statutory declaration and send it to the court by RECORDED DELIVERY.

A statutory declaration must be notarised before a solicitor, a fee usually £5 and take photo ID with you. Send the original stamped declaration to the sentencing court, or if you don't know it, then send it by RECORDED DELIVERY to the Historic DEbts team, that all have access to HMCTS.

The address for the Historic Debts team is:
  • A designated officer of the court
    Historic Debts team
    Port Talbot Justice Centre
    Harbourside Road
    Port Talbot
    SA13 1SB
Statutory declaration Template.

That will void the conviction and the fine as well as put the bailiffs to bed.

Here is further reading: http://www.dealingwithbailiffs.co.uk/Co ... iliffs.htm

If you want thew MOJ to pay back the money taken, then this template will do it. Only a day AFTER sending the section 14 stat dec to the court.

Template.

The MOJ will collect the money back from the bailiff company.

If the MOJ doesn't pay, then contact me for a telephone consultation (details in my signature below), we have a way of dealing with non-compliance. I can refer you to a specialist law firm that remedies non-compliant government departments.
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

Georgias12
Posts: 3
Joined: 02 Apr 2018 11:29

Re: Collectica advise

Post by Georgias12 » 02 Apr 2018 14:48

Thank you. Only thing I would say is I first received the collectica letter on 21st Feb and I didn’t pay the fine until Saturday which was out of the 21 days that the stat declaration mentions. Am I still able to send it!?

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Schedule 12
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Re: Collectica advise

Post by Schedule 12 » 02 Apr 2018 15:01

Yes, because its 21 days from the date you learned of your right to make a statutory declaration, in any case, if you are late, you can still give your reasons why.

DO NOT be talked into attending court to "book an appointment" to make a statutory declaration. They will kangaroo you into court and you will be reconvicted and fined without the opportunity to defend the grounds of what you are accused.
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

Georgias12
Posts: 3
Joined: 02 Apr 2018 11:29

Re: Collectica advise

Post by Georgias12 » 02 Apr 2018 15:04

Thanks very much. I will update this thread once I learn of the outcome of my statutory declaration and in regards to claiming the money back.

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