Collectica, magistrates fine

[l0uise]

I would really appreciate it if somebody could give me some advice.

 

I had a fine of around £180 for non payment of TV licence.

 

I had agreed with Collectica to pay £60 before agreeing on a payment plan (thanks to CAB, as Collectica didn't want to accept the low offer) .

 

As I had to pay £3 card charges for the two payments I have made so far,

I was short by £6 of the amount they expected and I had a magistrates bailiff at the door.

 

When I explained i had an agreement to pay they said it was too late and I should have expected to pay the card fees on top

despite the rules changing and i had just not paid enough.

 

When I said I couldn't pay the full amount (180 +£200 fees), and I could only give them £50 in cash

they claimed to phone the police while at my doorstep.

 

They also told me they had no powers to stop a van arriving to collect my goods immediately.

I don't think the phone call they made was to the police, I think they were blagging me,

but as they had a distress warrant I did let them in.

 

They started to talk about new laws since 6th April which I am not familiar with.

i knew there were new rules about fees but I did not know a family member in your house had to pay £180 to the court

if they wanted to prove their goods were their own.

Is that correct?

 

I have agreed to pay in full tomorrow though I can ill afford it and will not have enough to get us all through the week but they were not budging.

 

With my daughters help I can afford to pay the original fine of 180.

 

I have not had a fine before so have no idea if the magistrates court could or would accept it.

 

It is the fees that are a real problem.

 

Also they insisted on going into all of my children's bedrooms while they were in there and obviously they were upset.

 

Is this also considered acceptable?

 

My 18 year old daughter who works and is renting her room from me refused to unlock her door at first.

They threatened to break the door down and frightened her to death.

 

They also made her sign a form saying the goods were hers but unless she could prove it by paying a £180 fee to the court

they would take any goods she had bought herself that she did not have a receipt for.

 

Sorry for the long post,

 

any help appreciated.

[matt v atos]

Could you type up the paper work and charges so far the bailiff left with you if any.

[l0uise]

Original charge (debt) £185

Compliance stage fees £85

Enforcement fee £215

 

CONTROLLED GOODS AGREEMENT I THINK

[l0uise]

That is after the £50 paid today and £54 paid previoulsy

Sorry that is after £50 paid plus £ 30 I have paid this week that has not yet been processed

[l0uise]

So I believe I now owe £378 so the fees are higher than I first thought.

[matt v atos]

Going by the new reg's looks about right. What's the arrangement for payment!

[l0uise]

Thanks.

 

Well, payment of the full amount owing tomorrow.

 

I guess what I am asking is if I can pay the full amount of the original fine to the court tomorrow?

 

Or do I have to pay his fees too?

 

I'd rather avoid that if at all possible as it will leave me with next to nothing No getting out of it?!

 

Also my daughter is fuming about being expected to produce receipts for all her belongings.

 

Is that part of the new rules too?

 

I thought a sworn statement would be acceptable.

 

Thanks for your advice

[matt v atos]

Yes I understand what you are saying god knows where all the experts are tonight !

[l0uise]

Thanks for telling me the fees were likely to be correct. I had a horrible feeling they would be! Apart from everything else it's such a shame I am for the first time in over a year to be in a position to pay the actual fine in full and it's not enough!

[matt v atos]

To my mind the bailiffs are out of order on this one Shame you let them in. Have you read The taking of goods

 

 

By entering into a Controlled Goods Agreement you will be able to continue to use the goods listed but you need to be aware that you are acknowledging that the goods listed are under the 'control' of the Enforcment Agent until the sum outstanding is paid in full.

 

The Controlled Goods Agreement also must state that if you fail to stick to the terms of the agreement the goods may be removed and sold. This will incur a further fee.

 

The notice will state the debt outstanding, the Compliance Stage fee, Enforcement Stage fee and any expenses. The Agreement must be signed by the debtor, a person authorised by the debtor or a person 'in apparent authority'. The Agreement must provide a detailed description of the item (eg: Computer, television, car etc together with the make and model (if known) and the relevant serial number, colour and any identifying marks.

[l0uise]

Yep, but with them having authority from the magistrates court with what appeared to be a genuine distress warrant I didn't want to call their bluff to be honest! Think he was all wind and water though

[matt v atos]

Just out of interest how did you end up in court did they come in your house and see a tv on

[matt v atos]

IOuise please check back later before paying the bailiff the full amount if not to late as you said you would like to explore paying the fine and not the fees. I would like to see what advice you could be given regarding this.

[ploddertom]

What dates did you make the payments when you were charged card fees?

Can you also confirm what other payments you have made?

Did you receive a letter from them prior to a visit, if so what date was on the letter and what date did they visit?

 

Did the Bailiffs become involved because you had not paid anything off your fine?

Before this happened did you receive a letter from the Court asking you to bring your account up to date?

[l0uise]

If I remember correctly I received a letter from the court as I could not pay the fine in full . Money was taken from my benefits which is what I wanted. I stopped receiving benefits payments could be taken from so payments would have stopped. I then received a letter from collectica asking for payment which included fees but not showing how much was for the fine and how much was for the fees. I contacted CAB who called Collectica. They said I would have to pay £60 before Collectica would consider a payment plan. Collectica do not accept payment plans based on your ability to pay/ amount of money coming in. I could not afford to pay this all at once. I paid two payments of £30 Between end March/beginning April. Both of these payments together took £54 from the debt as there were two card payment fees of £3. I thought I had paid off this debt or was very close to doing so. The amount I would have had left outstanding would have been less than £100 I'm sure.

[l0uise]

They visited me yesterday ( 28th April) It was their first and only visit.

[l0uise]

I have until 1st to pay in full although bailiff did say they would prefer payment in full todat/tomorrow. The reason I only remember the original letter vaguely is because I had been paying this fine for quite a while before i stopped receiving benefits.

[l0uise]

I would also appreciate it if somebody could confirm an affitdavit can no longer be used in situations where a person claims ownership of goods. My daughter was told at the time they were no longer in existence since 6th April and she would have to prove she didn't own the goods by paying £180 to the courts and also solicitors fees. Without receipts she was told she would lose anyway. She was also forced to show her photo ID to the bailiff so she could prove she was working and could chip in with the costs. Thanks very much for all the help.

[matt v atos]

They don't want your stuff they want a payment by the first of May this is I think your first thing to address

[tomtubby]

I will address this query in the morning as there appears to be some SERIOUS issues.

 

I am also deeply concerned to hear that an enforcement officer stated that your daughter would have to pay £180 to the courts and also solicitors costs if she is claiming that some of the goods in your home belong to her. This is a brand new procedure (and one that has been bitterly complained) and is where a Third Party makes a claim to Controlled Goods. The new regulations only took effect 3 weeks ago and it is very surprising how QUICKLY the enforcement agents have been trained in ways to scare a 'third party' into not making such a claim on the basis of the fees of £180. I am not pleased to see this new regulation being abused so soon (although it was very much predicted).

 

It is a shame that Collectica did not train their staff to apply the CORRECT fees to the account as well. The fees are actually WRONG (and I am afraid that in your case the correct fee should be £235 and NOT £215. I will explain more in the morning.

 

Can you confirm the title of the document left by the bailiff.

[brassnecked]

Perhaps a log needs to be kept when a thread involves a third party and the EA suggests interpleader, with the costs thereof as a threat, and copied to MP's and MOJ to show their shiny new process is already being abused.

[l0uise]

Sorry, I went to bed. The document I have been given is a controlled goods agreement.

[tomtubby]

10uise

 

This link will take you to the statutory notices. Can you look at the Controlled Goods Agreement and see whether the one that you have is the same and that all the information required has been provided.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?421863-Guidance-The-Taking-Control-of-Goods-Regulations-2013-Statutory-Notices

 

Also, can you post back to let us known whether the enforcement agent has charged VAT to the fees.

 

PS: For anyone viewing this post I will be starting a new thread tomorrow regarding a very serious matter about VAT on enforcement agent fees.

[l0uise]

The one I received is almost identical. There is no mention of VAT. Compliance stage fee £85, enforcement stage fee £215. I believe I had the old fees as the bailiff says the warrant was issued in March. I don't know why he did not visit at the time. I will be paying the amount owed in full this afternoon

[tomtubby]

Thank you louise for your response.

 

In fact the bailiff is incorrect as he is legally entitled to charge the 'enforcement stage fee' of £235 and not £215. That is his problem.