Brighton & Hove and Collect Services Ltd court threat??

[Nixxx]

Hi

 

Has anyone heard of Collect Services ltd? I've googled them but their website is under construction.

 

I have just received a threatening call out of the blue (on my work phone) from them saying that this was my last chance to pay a debt (just over £400) before taking me to court.

 

I told the lady that I didn't know what she was talking about. She said that I must know what she is talking about because I called them on 22 February 2007 saying that I would write to them (which is probably true but it is likely that I was just contesting the matter and it is how they had my work number) but they did not receive a letter. I asked her for more information about what she was talking about so I could remember but she said she couldn't tell me any more information about the debt and I would have to contact Brighton and Hove Council but it was my last chance to pay before court.

 

After thinking about it for some time, I vaguely remember something to do with a parking ticket for Brighton and Hove (in 2006 perhaps) which I wanted to contest because I wasn't driving and I wasn't in Brighton but as I did not here anything about it for a long time, I thought it sorted it self out (stupid I know). The car was not registered at my current address so it is also possible that they have been sending letters to the wrong address (if they have indeed sent any correspondence).

 

So my question is, what now?

 

I do not want to go to court and I do not want to pay a fine that wasn't mine but don't know where to go from here. I have heard about a form PE2 out of time statutory declariation but I don't know if this applies to me. I could probably find the vehicle registration but require some guidance as to what to do next.

 

Any help and thoughts would be sincerely appreciated.

 

Thanks

[Nixxx]

Hi

 

I am being threatened with court action from what i believe are bailiffs with a warrant of execution. Is this possible or are they only allowed to take your stuff?

[Nixxx]

Mod please move as i meant to post this in the baliffs forum

 

thx

[Boro]

What does the warrant relate to?

[Nixxx]

Any ideas anyone?

[Nixxx]

Warrant relates to an unpaid parking ticket i think

[rory32]

Really we need to know what type of debt it is before assisting you. The DCA must tell you what the debt is in relation too. They can't just expect you to hand over £400 without knowing what it is for.

[rory32]

2 threads merged and moved to bailiffs forum.

[Guest Screw The Bailiff]

Call Traffic Enforcement Centre on 08457 045007 and find out who/what/where any tickets have been issued. Find the name of the council and ask them to send you a stat dec form and return it with your grounds for appeal. That stops enforcement. Report back if the council or bailiff is uncooperative.

[tomtubby]

Sorry, but this is not correct.

 

You CANNOT call the TEC to get this information as you need to provide the PCN number to TEC before they can access your details.

 

We talk to TEC many times a day and there is no way around this problem.

 

he advise is to call the local authority and provide the VRM and they will then provide the PCN number.

 

Without this an Out of Time CANNOT be filed.

[Guest Screw The Bailiff]

the OP says is isnt sure what council may have issues tickets on his vehicle and theres 179 local councils in england & wales. TEC process the tickets centrally. It makes sense to make TEC a 1st post of call to establish what councils have issued tickets on his vehicle.

[tomtubby]

There is no way around this. The TEC can only provide details based on the PCN number.

[Guest Screw The Bailiff]

or a car registration.

[tomtubby]

From speaking with TEC many times a day, I can confirm that they CANNOT provide details UNLESS they have the PCN number.

[Saffronflowers]

STB - please dont argue with TT - the knowledge TT has far surpasses anyone here. If TT says something you can be sure it is correct.

 

SFx

[Guest Screw The Bailiff]

Im not the one doing the arguing...

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/132252-quick-help-needed-3.html

[Nixxx]

Thank you all for responding.

 

I've discovered more!

I collected letters from my old address and there has been quite a few letters from them going back to June 2006.

 

Its a Brighton and Hove Council PCN notice from April 2006. I sold the car in April 2006 but after the contravention date it seems.

 

I have been unable to respond to these letters and put in any kind of defence because I wasn't aware of this communication.

 

So how would this affect my status. Does the statury declaration PE2 nad Pe3 apply to me? Is it sufficient to tell them that i did not live at the address so therefore did not know about this?

 

Thanks for your help

 

Nix

[tomtubby]

You need to submit an Out of Time to the Traffic Enforcement Centre. This is a very simple form and it is FREE. As you moved home you have sufficient grounds.

 

I can e-mail one over to you with suggested examples for completing the forms. I have sent you PM

 

In the meantime you need to telephone the TEC at Northampton on 0457 045 007 and provide them with the PCN number and ask them the date of the Warrant of Execution.

 

Once you have this can you reply on the forum. This info is very important,

[Nixxx]

Hi

 

I have called the TEC at Northampton and they said that the warrant of execution was issued on 19 Septemeber 2006. They have advised me to fill out the statutory declarations which they will be faxing over.

 

Tom tubby, i don't think i've received your PM, please let me know where to look.

 

thx

 

Nix

[tomtubby]

Can you please telephone the Traffic Enforcment Centre again as you have stated that the warrant is dated September 2006. I assume that this should be September 2007. Can you find out and let me know.

[Nixxx]

Hi

 

I've just called the TEC again and they have confirmed that the warrant of execution was indeed issued in September 2006 and that it has expired. How does this affect me? Would i still need to fill out a PE2 and PE3 or does that mean that Collect Services have to reapply for a warrant of execution? I don't really know the next course of action.

 

Once again i appreciate your help.

 

Thanks

 

Nix

[tomtubby]

This is VERY SERIOUS.

 

This bailiff company would appear to be attempting to enforce a Warrant of Execution that has expired long ago. A warrant is valid for just one year.

 

The Civil Procedure Rules relating to the Traffic Enforcement Centre are very clear on this. A Warrant CANNOT be renewed. That is it....finished. You cannot be pursued.

 

What is staggering is why this company are illegally enforcing old warrants on behalf of Brighton & Hove.

 

Just 3 weeks ago, a Drakes Group bailiff attended a County Court hearing to answer a Form 4 Complaint after he was found to be attempting to enforce a Warrant of Execution that had expired a few months previous. He was allowed to retain his certificate but was ordered to pay money from his Bailiff Bond to the claimant!!

 

I will provide you the name of a Senior person within Brighton & Hove to address this complaint to.....

 

As I said earlier.....THIS IS VERY SERIOUS !!!!