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Hi All

 

I have a really urgent situation; I will run through the history.

 

I had a letter from a debt collection agency called Philips a year ago saying I owed £550 for "notice failure to give information" I emailed them and said what was it for and they said it was something to do with a vehicle violation in Waltham Forest in 2009; I wasn't in the country so know it wasn't anything to do with me I had no car. I stated this to them and they never got back to me.

 

I did follow up with 2 letters to the court in question which I was told ws NE Magistrates, I never had a reply to either letter.

 

About a month ago I got a letter form Collectica, stating the same basically so I again replied with the letters I had sent to the court and also the information I had sent to Philips. They asked me to prove I was out the country, I did this, and they said the account was on hold until 9th September while they went back to there client.

 

I contacted them on 9th to say what is happening, heard nothing and then on Monday (23rd) I get a debt collector at the door with a Notice of Attendance. I explained the situation and he said he understood as he has read the notes and that I need to contact the court. I explained I had blah blah; anyway he went away.

 

I emailed Collectica again stating this was ridculous it isn't me I can prove it and they said there client rejected my proof of not being here and not owning the car for whatever violation it is!

 

So my question is this What do I do now?

 

Can Collectica legally pursue a debt that is in dispute; I 100% have no idea what this is, someone must of had a car registered in my name or it is a mistake, whatever it is, it isn't me and I am now worried someone else is going to turn up because I am not going to be giving them a single penny.

 

REALLY appreciate any help with this as its super stressing me out!

 

Thanks in advance.

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A court cannot simply cancel a fine. The correct procedure is to file a simple Statutory Declaration.

 

As things stand at this present time you have a CRIMINAL OFFENCE recorded against you personally and this needs to be cancelled.

 

You have said that you wrote to NE Magistrates. Where did you send the letter to?

 

On the current letter from Collectica is there an HMCTS reference (ie: London , NE, South etc)

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Hi,

 

Letter sent to Thames Magistrates Court 58 Bow Road London Bow Greater London E3 4DJ

 

After numerous calls a year ago the Fines department said it was a parking ticket, and that I had to put it in writing and provide proof which I did, and they gave me that address....

 

How do I complete a Statutory Declaration?

 

Also what do I do if the bailiffs turn up?

 

All help greatly appreciated!

 

Massive thanks,

 

Penny

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Have you spoken to the court since receiving the latest letter from Collectica?

 

It is really important to call the court to ascertain what happened to your letter. Can you post back once you have called them .

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Hi - I called the court and they have put a further hold on the account for 28 days (it has taken me so long to get through to them)

 

They gave me lots more information which was useful; this is for a car I sold in 2006, it was involved in an accident on 15.12.2008 and the court had me as the registered keeper still and said I failed to give information and brought a court case against me on 20.07.2009.

 

The person I spoke to was VERY helpful she said I am better attending Thames Magistrates with proof I was out of the country and proof I sold the car; so I am going to go there t'row.

 

Is that the best thing to do?????

 

I since this recieved another letter from Collectica saying it is a pre removal notice and they are adding £200 to it - I do have the 28 day hold at the moment so the pressure is off slightly

 

Still super stressed out...

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yes go to court insist they allow you to file a statutory declaration this will revert the case back to the beginning and the DVLA will either drop the case or re- summons you giving you the chance to file a defence

 

however as I said you need to file the stat dec for this to happen have a read of tomtubby sticky

http://www.consumeractiongroup.co.uk/forum/showthread.php?165753-MAGISTRATE-COURT-FINES.-Template-of-a-Statutory-Declaration.(1-Viewing)-nbsp

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I am glad that you are making progress. Did you go to court?

 

Please let us all know the outcome....

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