Urgent Advice Needed On How To Sort Out Fine Fiasco Collectica Now Involved

[Jordibird]

Hi,

I am trying to sort this out on behalf of my nephew

who's done an ostrich and stupidly ignored a magistrates court fine

for non payment on public transport.

 

Personally I would of let him get on with it, but for the following:

 

- 2 bailiffs from a company called Collectica arrived at my parent's house

who are both in their 70's and demanded payment or they would seize goods.

 

My parent's were mortified and told them that my nephew has never lived

at that address and that all the goods were theirs.

 

They told them to remove their address from their records and not to associate the address with my nephew.

 

They were extremely upset by all this.

 

Then on 25th April a letter arrived at their address for my nephew from Collectica

it is a Pre Removal Notice under a Distress Warrent for the sum of £781.20.

 

I had serious words with my nephew and found out that he had actually paid Collectica £90

and they would take out that sum each month via his debit card.

 

However my nephew has had a large drop in salary

(he's self employed and works when he can)

so instead of informing them he just stopped the payments.

 

I desperately need advice on all this,

 

mainly for my parents and removing their address from all these proceedings

as it seems Collectica are not playing ball.

 

Also what can I do to help out the dim wit of a nephew,

 

he will pay what he owes but cannot afford the £90 they demanded

what is the best way to do this?

 

Should I contact the court at all?

 

Sorry for all the questions I really want to sort this out as it would kill my parents

if they broke into their home over this.

 

Thank you in advance Jordi

 

P.S as to my nephews address he dosses with a mate,

how helpful is that!!!

[dx100uk]

I would be talking to the court about all this

 

get them to demand the bailiffs remove parents address

 

trouble is

court will be closed now till at least Tuesdays I suspect

 

dx

[Jordibird]

Thanks DX,

I'll contact them first thing Tuesday morning and send an email as back up as well.

 

Cheers

Jordi

[renegadeimp]

Would a stat dec work also? There might be a few sols still open tomorrow.

[Jordibird]

Thanks Renegade

I could always phone one and ask them.

 

Cheers

Jordi

[mikeymack2002]

For the EA to attend your parents address your nephew must have given it to them/the Court at some point if not then the EA must have that address on the warrant, if they have ask to see the warrant, they will quote DPA at them then tell them to do one as he doesn't live there. Has your nephew ever lived their in the past?

 

 

Now to other matters, was the nephew sent the final steps notice? can you find out

 

 

Then you also have the other option of if there is a significant change in finances then all he had to do was inform the Court they may have asked him to attend for a means hearing again and made adjustments to the repayment amount originally imposed.

 

 

Is he working? also I would be asking why he used that address for his Court fines!!!

 

 

As far as your parents are concerned all they have to do is prove that they only live there, this is easily done with the Council Tax demand for this year, take it and a copy of your tenancy agreement to the local Court tell them he does not live their and that you will be prepared to swear a Statutory Declaration.

[tomtubby]

Mikeymack.......excellent advice and all that I would add would be that an urgent email should be sent to Collectica to advise them that your parents are elderly and that they had no idea that your nephew had used their address and that the reality of the situation, is that he does not live at that property and I would if possible send a copy of the council tax bill. It is important to also mention in the letter that a copy of the letter is being sent to the court.

 

PS: There is of course the provision to force entry for unpaid court fines but the enforcement agent must have good reason to believe that goods within the property actually belong to the debtor.

 

How old is the nephew and does he work or is he in receipt of benefits?

[brassnecked]

Might be worth scanning the Council Tax bill emailing it to collectica, and the couirt ready for Tuesday with the information that a Statutory Declaration as to ownership of all goods and chattels in the premises vests in the parents, and that the named debtor has never lived there.

[Jordibird]

Hi,

Sorry for the very late reply to all your help and advice with this, I have been sorting loads of things out with this dysfunctional family of mine.

Anyway here is a hopefully quick report of what has happened and how your advice has helped both me and my parents.

 

I phoned the court as soon as I could and spoke to very helpful lady indeed. After explaining the circumstances she said she would update the records and advised me (like yourselves) to send a copy of my parents council tax bill. I drafted a letter up explaining everything and reiterated that the property and all possessions held there were the sole ownership of my parents blah blah. I did the same with for the bailiffs and sent both the court and bailiffs copies of each letter.

 

I also had a very in-depth (for wont of a better word) with my nephew and gave him a choice either phone the bailiffs which I would help him with or I would provide all information I have as to his whereabouts. Luckily he took the first option and is now proceeding to sort tthis mess out..

 

Everything sorted out .....apart from a letter sent to my Mam at her address from Debt Managers (Solutions) Ltd and to be honest I am ready to go ape with this lot! The letter says they are attempting to.contact the above named person I.e my Mam and then it gets really ridiculous mentioning her details have been obtained from a CRA during this firm's recent investigations. Seemingly my parents address was provided due to a link with the data these low lifes hold. They have asked that my Mam contacts them urgently to verify she is the person they wish to contact!

 

What the flip is going on here? My Mam has a perfect credit reference and has no.defaults or anything, so why should she contact these idiots. They have said if she doesn't then they'll assume the link is correct and further communication will be made

 

I am ready to swing for these grass holes, because I have a feeling that this may be connected to my ongoing dispute with MBNA who owe me money. Reason being the.address on the envelope my Mam's letter was in is the exact same one as mack'hall who surprise surprise are the bottom feeders of MBMA. the address of DMsolutions is Rotherham.

 

I am ready to phone these **** and tell them to lay off my parents or else, but obviously cannot.

 

What would you good folk advise this is total victimisation and i intend to fight it all the. way.

 

Thank you xxxxxx

[seanamarts]

Good to see that you have resolved the bailiff issue with your nephew.

 

However with regards to the other debt issue you have raised, it might be better if you made a thread in the debt part of the forum where you would get better advise. I will say that these 'bottom feeders' will do anything to get what they want. Im sorry to hear that your parents have had to go through this.

[lookinforinfo]

Jordibird, one of the good things in life is being able to slag off debt collectors whenever you feel like it since they have no teeth whatever.

Your Mum can write to them acknowledging that she has received one of their junk mail items.

Point out that under the Guidance on Debt Collection issued by the Office Of Fair Trading, sending out phishing letters to people who do not owe them money puts their

fitness to hold a credit Licence in jeopardy.

In addition, it is possible that they have breached the Data Protection Act by viewing your credit file without your permission as well breaching your Human Rights since you have an unblemished credit record.

Any further correspondence from you will result in a strong complaint to Local Trading Standards Office, the ICO and claims for harassment too since this letter is to make it quite clear that I do not want to hear from you again.

 

Along those lines anyway. you can be as rude as you want.

It's a pity that fuzzybobble is no longer on the forum. He had some great ideas dealing with debt collectors-he'd offer to pay them off in bumble bees or when they asked for his card number he would read off a number on the back of a birthday card he had. He would have given you some great suggestions which especially if you had DCs after you

could help to take some of the pressure off.

[tomtubby]

It is goods news to hear that the matter of the court fine has been sorted out and once again, your post has proved that communicating with the creditor is the correct procedure.

 

As seanamarts has quite correctly stated, it would be better to post a new thread in the debt part of the forum regarding the letter from Debt Managers.

[Jordibird]

Thanks guys and girls,

I will do and thanks for the help with the OP, much appreciated, love the bumblebees as well.

 

Thank You All

xxx