Collectica Enforcement Services

[Feelingdownandout]

Help urgently needed.

 

My son left home over a year ago, however, a year ago he decided to ride a train with no ticket and got caught. Rightly so he received a fine and he never paid it. He was taken to court and a £20 fine escalated into £400 court fine. Which I have to say he deserves. All through this he has not changed his address and all correspondence keeps coming to my home.

 

To my horror last night when I got home there was a Notice of Distress Warrant on my doorstep. I am petrified that bailiffs will turn up and break into my house and my son doesn't even live there. He is not on the electoral register, no correspondence apart from his debts (much to my disgust) comes to my home for him.

 

 

Please please please can someone give me some advice.... I have until the 24th December according to the letter.

 

FDAO xx

[tomtubby]

Sorry to ask a few questions that you may think are not relevant but they are important.

 

How long have you lived at the property and how old is your son?

 

Please post back asap.

Edited December 19, 2013 by tomtubby

[Feelingdownandout]

he owes money to West Mercia Mag Courts and the bailiffs are Collectica My son is 20 and we have lived at our current address for over 10 years

[brassnecked]

You could swear a Statutory Declaration at the magistrates court as to his non residence and that no goods on the premises are his, does he appear on the Register of Electors at your address, if he has been gone a year he should not, that in itself helps prove hr doesn't live there.

 

The bailiff CANNOT as alluded by tomtubby sieze your property or break in for his debt if indeed son has been non resident this past year; if he turns up film the bailiff with a mobile phone even to capture any threats that can help with a complaint to HMCS Enforcement later

Edited December 19, 2013 by brassnecked

[tomtubby]

There was a very good reason for my asking the questions. If your son had been 35 years of age and you had only lived in the house for a year then it is possible that the bailiff COULD assume that goods in your house may have been purchased by him.

 

Given that your son is only aged 20 and you have lived in the house for 10 years then it is very unlikely indeed that a bailiff could rely upon such an "assumption".

 

There is however a problem and it is this:

 

From a GREAT deal of experience ( work wise not personally) I can assure you that many parents contact bailiff companies on behalf of sons and daughters with debts for court fines and parking tickets to "claim" that the debtor does not live at the property and sadly, in many cases this is not true. Because of this bailiffs will be sceptical so please take this on board.

 

If you are in contact with your son he can make a application to West Mercia to submit a Statutory Declaration and this will stop all enforcement.

 

Have you spoken to West Mercia to explain the situation. I would suggest that this is done immediately?

[tomtubby]

Within the past 2 years a lot of courts have closed and amalgamated with others. I think that with West Mercia you will find that all enquiries are now through Hereford Magistrates Court.

 

The following number is for Fines Enquiries:

 

 

01562 514000

[Feelingdownandout]

I have called Collectica this morning who have told me that if I provide a copy of my register of electors to prove that his name is not on the electoral roll they have said that is enough to stop action at my home? Is that correct and will is cost money to swear a declaration?

[Feelingdownandout]

I have spoken to my son who has basically told me to stop telling him off about it and he will sort it! so far he has done nothing and I am scared of what happens next

[dx100uk]

stay off that phone to the baiiff

 

he should have already taken reasonable steps, like checking voters BEFORE he started to try and fleece you

for a debt you do not owe.

 

dx

[brassnecked]

Do as you mentioned at post# 7 A stat dec costs around a tenner and can be done at a solicitors or a magistrates court. Collectica would be very silly if they ignored a stst dec.

[tomtubby]

Are you able to locate a copy of the electoral register?

 

I would suggest that you do NOT speak with the bailiff and instead send am email to explain that you have lived in the property for 10 years are that your son is just 20 years of age and owns NOTHING in the property and that furthermore you will NOT under any circumstances b paying this debt for your son.

 

Have you spoken with the court?

 

If you are not able to lay your hands on the electoral register then you need to remind Collectica that they can easily obtain a copy from their own extensive tracing databank.

[tomtubby]

PS: You may also wish to note that it is an offence under the Data Protection Act for the bailiff to even be discussing this account with you !!!

[Feelingdownandout]

I called them and emailed them today a copy of our egister of electors to demonstrate that my son does not live here, they have told me that they have heard nothing from him despite him telling me that he has paid money towards this debt. I am past that part now as I just want to make sure that they do not now or in the future knock or try to force entry into my home.

 

Can they force entry while I am not home?

[Feelingdownandout]

they have very much put the onus on me to prove that he does not live at home any longer

[renegadeimp]

First thing tomorrow morning get the stat dec done. Forget about them forcing into your home. IT is an empty threat. You are falling right smack centre into their trap.

[Feelingdownandout]

is the stat dec easy to do?

[renegadeimp]

As simple as walking into the court or any solicitors, telling them you want a stat dec done, and give them the fee. Note, that the contents of the stat dec must be true, as it is a full legal document. There are severe penalties if there is false info on there.

[brassnecked]

If Collectica indulge in corporate muppetry and threaten you for the debt, send a Formal complaint to the Area HMCS Enforcement manager, and also copy in your MP. Collectica are now as you have given proof of non residence of the named debtor, on very shaky ground, add a stat dec into the mix and a locksmith and they are looking at criminal offences by their bailiff, and the locksmith. if they are stupid enough to proceed with a forced entry.

[Ian olney]

I personally wouldn't do a stroke. Why should you do their job for them? It is up to them to establish the whereabouts of your son. They are chasing a person, not an address.

 

 

You have done more than you are required to by emailing them the

[brassnecked]

I personally wouldn't do a stroke. Why should you do their job for them? It is up to them to establish the whereabouts of your son. They are chasing a person, not an address.

 

 

You have done more than you are required to by emailing them the

 

If it were other bailiffs and a civil debt then yes, they have, as this is a HMCS fine Collectica could well use a locksmith in extremis i's need dotting and t's need crossing with that bunch, they are worse than Busted & Stupid

[Ian olney]

Just saying what I would do BN

 

 

I don't help bailiffs, I require them to carry out their own investigations regarding the current residence of the person they are seeking.

 

 

They have had an email providing the documentation that THEY requested. They cannot now carry on enforcing the debt without further evidence that the son resides there.

[brassnecked]

Just saying what I would do BN

 

 

I don't help bailiffs, I require them to carry out their own investigations regarding the current residence of the person they are seeking.

 

 

They have had an email providing the documentation that THEY requested. They cannot now carry on enforcing the debt without further evidence that the son resides there.

You are correct but as we know bailiffs LIE

[Feelingdownandout]

now I am very scared, this sounds awful. if I wasn't worried before I am now? does that mean they can turn up with a locksmith beak in and take my things and my chidrens things and there is nothing I can do?

[tomtubby]

now I am very scared, this sounds awful. if I wasn't worried before I am now? does that mean they can turn up with a locksmith beak in and take my things and my chidrens things and there is nothing I can do?

 

Earlier today I provided you with details of the court that authorised the warrant. I assume that you have not spoken with them and instead....have been speaking with a bailiff.

 

I would suggest that you CALL the court in the morning to explain what has happened.

 

Next I would suggest that you send am EMAIL to the court as well with a copy of the letter that you have sent to Collectica. It would be a good idea to send a TEXT message to the bailiff as well. This forum is very popular and many bailiff companies view posts on a daily basis. I will therefore PM you with suggested wording.

[brassnecked]

now I am very scared, this sounds awful. if I wasn't worried before I am now? does that mean they can turn up with a locksmith beak in and take my things and my chidrens things and there is nothing I can do?

Don't worry, you have provided them with information, they know the named debtor (son) is non resident and nothing at your house is his. They would be very unwise to try a locksmith to force entry, any levy and the forced entry would be unlawful, the bailiff is hoping he can intimidate you into "volunteering" to pay the debt. A Stat dec would kill his pig completely.