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Chickenfeet81

Collectica - can the actually do this please please help

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Please help am worried sick.

 

I was caught speeding by a camera in dec 11 and subsequently received a fine of £60,

 

I sent a cheque off stupidly unsigned and received another letter some months later and the fine had grown to £250.

 

I then wrote to Derbyshire magistrates court to offer repayment of £50 a month.

 

They had my parents address and my bank details.

Heard nothing.

 

Now, I've received a letter frOm collectica [phillips] demanding £570 from me which I don't have.

 

Although employed I had a bad spell a couple of yest ago and have a debt management company sorting my creditors - to get back on my feet.

 

I emailed collectica to advise them that I an afford to pay £40 a month and they've said no they want £339 a month apparently that's all the courts minimum payment ..

... And are sending the repo men round.

 

I have no material possessions per say well that is worth anything.

 

I don't want to shirk the debt I just can't pay as they want.

 

I can't sleep have bleeding fingers as I am so worried and just don't know what to do.

 

Please can I get advice?????

 

Thank you

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Hello and welcome to CAG.

 

That's a sorry tale isn't it, but we're not here to judge.

 

I'll move your thread to the bailiffs forum where I've seen a couple of threads about Collectica and hope the guys will be able to help you.

 

My best, HB


Illegitimi non carborundum

 

 

 

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you will of had some sort of letters from the courts, namely a futher steps notice

 

unfortunatly the magistrates court fine has gone to enforcement stage, the fees that have been added are in line with magistrate court guidelines

the courts also dictate how much they will accept NOT collectica

the total fine is to be paid within a 6 month period, which is the life of the warrant of distress before the court wants a report on the case

if it goes back to the court as un-enforced, the courts have the choice to issue a warrant of commital for you and you will be arrested

this is the courts choice

 

things to do

dont ignor the debt, magistrates courts fines take 1st priority over any other debt you have

they cannot be put into a DMP so you need to contact the DMP company and free up funds to pay this fine

stay in contact with collectica, as when the report goes back to the courts, all the notes on the case will go with them, if you stay in touch, the court sees that your not evading the fine and are less likely to issue a warrant of commital, they will keep it at the warrant of distress level

you need to find out the date of issue for the warrant, collectica will know this and tell you

by the sounds of the repayments, its pretty old tho, but check anyways.

 

if you cannot afford the repayment level, MAKE VOLENTRY PAYMENTS of what you can afford but do it every week regularry

 

again when the report goes back to the court its non enforced but this amount was recovered on a regular basis

the court may extend the warran for another 6 months

 

the main thing is for you tho, is not to worry, everything is sortable in the end

if you have no assets, they cant take them, if you own a car tho park it away from your house

 

please be aware tho that the warrant of distress DOES ALLOW forced entry into your residence, regardless who owns it, with you being their or not, this however is rarely used and would require the courts permission.

this is used when people evade the courts, if you stay in touch, your not evading

Edited by sgtbush

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Thank you for your advice - much appreciated.... They want £77 a week . I'd be grateful for further advice though.

 

I had no letters to my parents address stating they were going to do this; the last letter was saying the fine was £250 and I responded? Should I ring court?

 

If I start paying the bailiffs as much as I can weekly, which scraping it would be £25 a week would this stop them coming to my house? when do the bailiffs come? I work full time so am out between 8 and 6 ?

 

I am scared stiff I live on my own and no sob story but moved a few years ago back to my parents as I was stalked so im terrified of some man banging at the door.

 

I do have a car but it's a cat d fiesta on a 54 plate worth peanuts but it gets me to work so worth it's weight in gold to me can they just take it? I only just acquired vehicle so I haven't filled in log book should I put it in my mums name?

 

Thank you so much for your advice

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you will of had some sort of letters from the courts, namely a futher steps notice

 

unfortunatly the magistrates court fine has gone to enforcement stage, the fees that have been added are in line with magistrate court guidelines

the courts also dictate how much they will accept NOT collectica

the total fine is to be paid within a 6 month period, which is the life of the warrant of distress before the court wants a report on the case

if it goes back to the court as un-enforced, the courts have the choice to issue a warrant of commital for you and you will be arrested

this is the courts choice

 

things to do

dont ignor the debt, magistrates courts fines take 1st priority over any other debt you have

they cannot be put into a DMP so you need to contact the DMP company and free up funds to pay this fine

stay in contact with collectica, as when the report goes back to the courts, all the notes on the case will go with them, if you stay in touch, the court sees that your not evading the fine and are less likely to issue a warrant of commital, they will keep it at the warrant of distress level

you need to find out the date of issue for the warrant, collectica will know this and tell you

by the sounds of the repayments, its pretty old tho, but check anyways.

 

if you cannot afford the repayment level, MAKE VOLENTRY PAYMENTS of what you can afford but do it every week regularry

 

again when the report goes back to the court its non enforced but this amount was recovered on a regular basis

the court may extend the warran for another 6 months

 

the main thing is for you tho, is not to worry, everything is sortable in the end

if you have no assets, they cant take them, if you own a car tho park it away from your house

 

please be aware tho that the warrant of distress DOES ALLOW forced entry into your residence, regardless who owns it, with you being their or not, this however is rarely used and would require the courts permission.

this is used when people evade the courts, if you stay in touch, your not evading

 

 

 

Reading through I never received a further steps notice and I moved in sept 2012 do the courts not have to prove delivery before getting a bailiff ? This was the first I'd heard

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as a side issue

 

i HOPE your DMP is not with a FEE PAYING company

 

if so DUMP THEM NOW

 

dx


..

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if you got a letter stating it was 250 now,

who was that from?

 

on the car,

you could register the car in your mums name,

but the requirement os to prove to the bailiff who the legal owner is,

the registered keeper is not always the legal owner.

 

if the bailiff gets his hands on it and ties the car to you,

he will ask for the V5C ( log book) AND a bill of sale for the car to prove ownership,

plus this could open a can of worms for your mum,

as she now has legal responsibility for any speeding/parking tickets issued to the car,

so do you really want to put your mum at risk?

 

on the DMP plan

agree with DX, make sure its not a fee paying plan, their are plenty of free ones, go to the CAB to get advice

 

phone collectica,

ask for the court ref number or client ref,

and the originating issuing court

 

speak to the fines officer in the court and ask on what date and were to was the final steps notice issued to

 

if you have moved you could have the clock rolled back as you have not got thier letter,

im not sure which form you fill out,

someone on here will tell you in time

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The fine and all following documentation would have been sent to the address that was held on file when the offence was committed. If you have moved since then obviously you will never have received the necessary notices. As said above you need to contact the Court this originated at and ask to make a Statutory Declaration, you have 21 days since being aware of this in which to do so.


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