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    • statute barring in Scotland is 5yrs from last payment/use date or date of default Notice + 14 days, whichever is the later. dont confuse that with the 6yrs debts show on credit files (DN's 6th bday regardless to payment or not). they'd never get a claim raised by august in 99% of cases . as long all these debts were taken out whilst resident in scotland and you have not moved since taking them out but failed to inform the original creditor before the debt sale....... then stay radio silent until sb date is reached. then if you wish send our scottish sb letter. just remember unlike E&W in scotland debts are extinguished, dead , gone , parrot. once SB'd dx  
    • Hi all, Love this site and it's no nonsense advice, have dipped in and out of the consumer forums over the years, mostly to assure myself that what I was doing was the right thing when dealing with various businesses (almost 100% success rate, thanks in part to reading and more reading here.). Anyway, the time is almost approaching where I might need to ask for some specific help and I have a couple of queries that I can't see definitively answered. Due to financial mismanagement and severe anxiety issues I stopped paying all unsecured debt in December 2018 (one slipped to the first week in Jan 2019 when the last payment was made having rechecked my bank statement from that period - all my unsecured debt direct debits were cancelled in early Jan 2019). This has left half a dozen debts;  a couple of credit cards, a bank loan, Shop Direct and some Hitachi Finance stuff having been sold on and passing the rounds through the usual suspects, Lowells, Link, PRA Group, others related to them, and then back to them again. I have somehow successfully managed to maintain radio silence and avoided anything more worrying than their begging letters.  I have blocked their phone calls and texts, bumped all emails to the spambox and had a chuckle at their desperate letters.  I've never had anybody at the door.  I have been at the same address since before I defaulted and all correspondence comes to my current home address.  I have NEVER contacted them or admitted any debt. In anticipation of them perhaps ramping up action at the last minute I've had a look at my credit report on Credit Karma (rec'd from this very place) and I see that the default dates on these range from May 2019 to November 2019. Also in preperation I've been reading, reading and reading lots here as advised. Obviously being in Scotland there are a lot fewer posts relating to these matters and it's always quite annoying when OP's do not follow up with any outcome on their cases - how rude! This has also left me a bit confused of when I am able to finally breathe easy (although cancelling all the direct debits in Jan 2019 was the biggest sigh of relief as I knew it was all going to be unmanageable and, well, default one, default all.). I've been reading that defaults should be filed 3-6 months after the missed payment but one of my larger debts was defaulted on 27th August 2019 when the last payment I made was 10th December 2018, meaning the first missed payment was 10th Jan 2019.   My query for now is - when should I infer that these debts are prescribed?  From when the payment was missed, or taking the default date plus 5 years from the credit report? The three I have with the May date are moot anyway as either way they are gone  - some letters from Lowell offering me 90% off to settle is what got me thinking these must have been near SB status, however I have one big 10k+ with a July date and another 10k+ at the end of August I am feeling a bit anxious again, even though I know there is nothing to worry about with the begging letters.  Reading the various forums I am not sure why the OC's didn't take action against me when I read time and again the surprise that other posters haven't already been taken to court for lesser amounts - I'm also surprised I've avoided any action this long as there are plenty in this forum and sub forum who are whisked off to the court by the beggers minions after only a year or so after defaulting.  There are no CCJ/decrees listed on my credit report and I have not received any such judgements against me.  I still just regularly receive the begging emails to the spambox, the blocked phone calls and the letters from the they. I'm also reading that there is no need in Scotland to send an LBC so what should I be looking out for to know that the time has come to engage with CCA requests etc? I'm afraid in a fit I threw a lot of the paperwork out but I have a box of stuff I'm going to go through which may have the original letters from the OC's. Thanks in advance for any advice.  
    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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When I was with the Met, my patch was Victoria and Pimlico. We used to have a lot to do with the BTP in that area. When I was with MDP, my patch covered Cornwall to the West and Somerset to the East. There were quite a few stations we covered. I was medically-retired after a knee injury I sustained on duty.

 

With regard to which force first, Met first, got fed up with London, and spent best part of career with MDP. Quite a few ex-Home Department police officers in MDP where I was (Hampshire, Met, Surrey).

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In the Met, I was based at Rochester Row, which has since closed and been replaced by Belgravia. Most of the BTP officers we had dealings with were based at Victoria Station or St James Park (CCTV). In the MDP, I was based at Devonport, in Plymouth, but served all over the UK, Berkshire, Cambridgeshire, Cornwall, Somerset, Hampshire. Being a national force, like BTP, MDP officers can be sent anywhere at a moment's notice. Some lucky beggars get posted overseas. Like yourself, I got to a stage, in the Met, when I had had enough.

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I emailed the courts a few days ago about the warrant. they sent back an email sayin:

 

Dear Sir,

 

Re: Fine account xxxxxxx

 

I am in receipt of your email regarding the above account, I can confirm that the distress warrant issued on 08.09.2012 remains outstanding. You are advised to contact Philips Collection Services on 0870 609 1554 to arrange payment, quoting their reference - xxxxxxx.

 

 

could anyone tell me how long the distress warrant will be active for and what can they do with it ?

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I emailed the courts a few days ago about the warrant. they sent back an email sayin:

 

Dear Sir,

 

Re: Fine account xxxxxxx

 

I am in receipt of your email regarding the above account, I can confirm that the distress warrant issued on 08.09.2012 remains outstanding. You are advised to contact Philips Collection Services on 0870 609 1554 to arrange payment, quoting their reference - xxxxxxx.

 

 

could anyone tell me how long the distress warrant will be active for and what can they do with it ?

 

What the Fines Office at the court told you is total b****cks.

 

To the best of my knowledge and belief, Distress Warrants issued by the magistrates courts are effective for either 6 or 12 months. I do know that an Arrest Warrant is effective for 6 months, then has to be renewed if the suspect is not arrested within that time.

 

There is nothing to stop you paying the fine into court, obtaining the necessary receipt and paying Philips only those fees they are lawfully due separately.

 

If Philips have only sent you a letter so far, all they are lawfully due is £85. If they have sent you a letter and visited your home, then the maximum they are lawfully due is £300. If they do not have a valid or lawful levy and have not gained entry to your home, then £300 is still the maximum they are lawfully due.

 

Do not take any BS or lies from Philips. If necessary, threaten them with a letter to the Regional HMCTS Contracts Manager and Area HMCTS Enforcement Manager. The Enforcement Manager can nip any sharp practices in the bud. The Contracts Manager oversees Philips performance of their contract with HMCTS and has the power to terminate said contract. It might be worth reminding Philips and their parent company, SERCO, that the HMCTS contract is up for renewal this year and any bad practices brought to the attention of HMCTS Contract Managers before the tender date could prejudice their eligibility to be considered.

 

Incidentally, Marston, Excel and Swift, the other HMCTS contractors, are due to tender to renew their contracts this year. I would recommend ALL AND ANY bad practices by ANY of these contractors are reported to Regional HMCTS Contracts Managers.

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Philips cannot break in without written authorisation from the court. In any case, there appears to be something highly irregular, if not, potentially illegal going on here. You need to find out why Philips are involved when you were paying the costs order off without any problem. HMCTS need to answer that question first. You also need to speak to the Area HMCTS Enforcement Manager, first thing tomorrow morning. Ring the court switchboard and ask for the Enforcement Manager's direct telephone number. You also need to obtain the direct telephone number of the Regional HMCTS Contracts Manager. From what you have said, Philips should not even be involved.

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Thanks again Old Bill. I was paying the courts then suddenly get a letter off these, I don't see how I can pay £5 p/week to the courts then have to pay £50 p/month to these!! seriously, didn't get no notice off the court saying I defaulted my fine or anything give them my new address when I moved house.

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Unless you had a letter from the courts called a Further Steps Notice, it is illegal, under Rule 52.2, Criminal Procedures Rules 2011 (as amended) to proceed with enforcement without sending the FSN. It sounds very much to me that HMCTS has broken the law and need to have this drawn to their attention. You will probably get denials and that they did send a FSN, but I don't think they have much of an argument, unless they can prove you missed any payments. How was the costs order paid, please? Attachment of Benefits/Earnings Order, Cash, Standing Order, Electronic Funds Transfer (Debit/Credit Card via an automated system over phone/internet)? As long as you have evidence of payments to the court at the rate determined by the court, HMCTS are in the **** and so are Philips.

 

I am attached a copy of the Criminal Procedures Rules 2011 (as amended) to this post. It might be a good idea if you quote from this to HMCTS, which they won't like, but need reminding about.

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I used to pay it with a card they supplied! What I am going to do Friday is ring them when my new phone line is connected I'm going to ask them to print screen every payment I've made I'm also going to ask them where the FSN is!

 

Which way do you think this is the best to do email or phone.

 

Also when I rang before they said Philips has it in their hands now and we can't do nothing.

 

 

Thanks!

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I used to pay it with a card they supplied! What I am going to do Friday is ring them when my new phone line is connected I'm going to ask them to print screen every payment I've made I'm also going to ask them where the FSN is!

 

Which way do you think this is the best to do email or phone.

 

Also when I rang before they said Philips has it in their hands now and we can't do nothing.

 

 

Thanks!

 

HMCTS are talking total crap. They are in charge, not Philips, and it is HMCTS who call the tune. As far as you know, are you up to date with all payments to HMCTS? If so, asking them to provide you with screenshots of your payments to date is the right way to go. If you were up to date when somebody at HMCTS, in their wisdom, decided to involve Philips and there is no evidence that the FSN was send, as this should be on their records, it is likely Philips have a Distress Warrant that is invalid, in which case, their actions are not only unlawful, but illegal, too.

 

Email your request for screenshots of your fine account and follow up with Signed For Letter. This should have HMCTS panicking. Do not be surprised if you get a phone call or email or letter admitting an administrative error. If Philips come calling, either personally or by phone, make it clear that the matter is being pursued with HMCTS as there is "reasonable cause to suspect the Criminal Procedures Rules 2011 (as amended) have not been complied with". It is important you stress to Philips the phrase I have put in quotation marks. Being certificated bailiffs, it is unlikely they will anything resembling a clue of what you are going on about. Therefore, print off a copy of Rule 52.2 and hand to the bailiff or send to Philips. Expect them to argue, but make it clear that until it is clarified exactly what has happened, Philips are, potentially, in breach of the law.

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If you had been paying this fine then you should write again to the court. Address the letter to the Clerk to the Court and you need to ensure that the letter is marked: Formal Complaint.

 

How much have you paid so far?

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Thanks Old bill I've just emailed them.

 

£40 to courts £0 to bailiffs. I don't see how one minute this can be in courts the hands at £40 the next it can be Philips at £110. That's why I've defaulted Philips.

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It sounds very much like an HMCTS foul-up to me. Put them on the spot and turn the pressure up on them. I wouldn't be surprised if they panic when they see your request for screenshots of all payments to date and the payments history. If they have not complied with Rule 52.2, Criminal Procedures Rules 2011 (as amended), they and Philips are acting illegally. This also applies if they had no lawful reason to instruct Philips, particularly if your fines account was up to date.

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They appear to have a new name http://www.collectica.co.uk/

 

Yes. Their website is full of 24-carat BS and untruths. Report this lot to the Advertising Standards Authority (ASA) who can force them to substantiate the claims being made on the website. If they can't, the ASA can force them to take it down as misleading.

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Yes. Their website is full of 24-carat BS and untruths. Report this lot to the Advertising Standards Authority (ASA) who can force them to substantiate the claims being made on the website. If they can't, the ASA can force them to take it down as misleading.

A nice chestnut like this?

 

"

I no longer own the vehicle this debt relates to?

If it is a HMCTS fine you would still need to pay the fine regardless of whether you still owned the vehicle or not. Call our contact centre for details."

 

Not if it was incurred after the vehicle had been sold, and DVLA had been informed,

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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They appear to have a new name http://www.collectica.co.uk/

 

Yes a typical Wordpress site cheap to build template based. online payment system plugin provided by One step.

 

IE=edge,chrome=1

en_US

Home - Collectica

http://www.collectica.co.uk/

Collectica

article

WordPress 3.5

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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They appear to have a new name http://www.collectica.co.uk/
This website, very informative but very condescending To put it politely they are so

full of shxt they must have to squeeze their heads when they go to toilet. Miss a payment , not your fine,

nothing to do with me , phone us to discuss matters. We will not believe a word and be rude to you.

If you dont comply we will send round the heavies. On the other hand , to a potential client this

site looks quiet proffessional with the hmcts logo grabbing your attention.

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And that's the problem. They use the logos of government departments and local authorities to give themselves an air of credibility. Their parent company, SERCO, are either seriously taking the p*ss or deluding themselves. The website needs taking down and the only regulatory agency I know who can force them to do so is the ASA. A change of name does not change ingrained attitudes or behaviour, in my experience.

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Thanks for the help guys. They were soon enough to email when I asked if a warrant was out. So now it's just the waiting game. Wouldn't surprise me if they refused to send screenshots to be honest. But I'm going to demand them! :D

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And that's the problem. They use the logos of government departments and local authorities to give themselves an air of credibility. Their parent company, SERCO, are either seriously taking the p*ss or deluding themselves. The website needs taking down and the only regulatory agency I know who can force them to do so is the ASA. A change of name does not change ingrained attitudes or behaviour, in my experience.

 

I or anyone could knock out a site like that in Wordpress, the problem is have HMCS, and the LAs been consulted and given express permission for the use of their logos, which no doubt are copyright to the respective parties? Further if SERCO are the parent, that should appear somewhere in the site, as in say a footnote stating that " Collecctica, a SERCO company."

 

Wonder if it is hosted in the UK?

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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LRGIg.png

 

@Brassnecked this says it all really they're not willing to give their office details etc on the Whois Records. These records should show: Address, Telephone Number, Business Type etc....

 

And it's hosted in the UK with Webfusion Internet Solutions.

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