Collectica Removal Visit: what to do next?

[PhaedraUK]

My son has recently returned to live with us. It transpires that he has a court fine which he has not paid. We found out about this when he collected a "Removal Visit" letter from Collectica at his old address.

 

He rang Collectica and offered to pay £100 (which I offered to lend him) and then further instalments. This was declined, and he was told that he needs to pay the entire amount by tomorrow morning. I told him to email Collectica to put the offer in writing - which he did.

 

I've been reading this site for information, and it seems that collection agencies/bailiffs have different "powers" when collecting unpaid fines. I'm a little uncertain about giving them his new (our) address. Also, I have no idea what happens next. Any suggestions regarding what can be done would be gratefully received.

 

It goes without saying that I have issued a severe verbal beating to my son, who is now motivated to deal with the situation and has hopefully learned a lesson. How can we deal with this? We can't afford the full amount of £475.00 (which includes nearly £300 of fees) at present.

 

Thanks in advance for any advice.

[brassnecked]

The EA cannot take your property from your house for his debt, Collectica may well try to say they can when they find out he is living with you. Does your son have anything of value in your house of his own or a car?

 

It might be worth looking at this thread and the link in it

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?427347-Magistrate-Courts-ignoring-requests-from-debtors-to-have-fines-reconsidered-in-cases-of-financial-difficulties.%281-Viewing%29-nbsp

 

Might be worth contacting the court telling them that Collectica are refusing a reasonable offer of payment.

 

If they turn up at your door tell them that he is a lodger and none of the property there is his.

 

Other caggers will give better advice soon

[PhaedraUK]

Thanks for replying. No, he doesn't have anything of great value here, and he doesn't drive.

[brassnecked]

Thanks for replying. No, he doesn't have anything of great value here, and he doesn't drive.

He needs to contact the court explain he has nothing of value, and collectica are refusing a reasonable payment proposal, does he work?

 

Don't worry other Caggers will be along soon

[PhaedraUK]

OK, I'll get him to do that, thanks. He doesn't work; to be honest he has mild learning difficulties. He's capable of living on his own, and is quite social but struggles with reading and writing, hence he doesn't drive - the theory test is currently eluding him, but he will get there! I'm hoping when that happens he might do some gardening jobs etc., as he loves the outdoors. I'm not making excuses for him - he's as capable as anyone else of knowing he's been stupid. I'd rather he didn't have to deal with bailiffs, though.

[lookinforinfo]

Was the Court fine a result of an unpaid PCN and can you please find out when it all started, as well as the date that your son was fined. The reason I ask is that the law relating

to bailiffs has recently changed and bailiffs wouldn't be bailiffs if they didn't try to amalgamate fees from both Laws.

 

He should have received several letters before the removal one so it would be a help if your son had those to let us know what was said. If he has no earlier letters that can

also be of help. The changes in the Law mean that bailiffs have now to follow a strict set of rules before they can get involved.

[PhaedraUK]

Thank you for replying.

 

Sadly, not a PCN. My son was fined approximately thirteen months ago, then moved and buried his head in the sand. As a result, he didn't receive any letters (which obviously isn't their fault). We had no idea until someone from his old address turned up with the Removal Visit letter because someone from Collectica had called there on 10th June.

 

The letter states that they attended with the intention of removing goods etc. Also that no arrangements are acceptable and payment is required in full. They plan to call again - but obviously he doesn't live there.

 

He contacted them straight away, and made the offer as above, but it was declined. I must admit I was surprised, as I didn't think they would refuse anything that would reduce the debt, but that was it.

[PhaedraUK]

The breakdown was:

 

Compensation £80

Costs £80

Surcharge £80

 

So that totals £240 but Collectica are seeking £475 which must include their fees etc. I'm also not sure if the above is a fine exactly. My son also did community service which (apparently) he got a gold star for. Pity he didn't apply the same tenacity to the costs. Sorry ... I'm angry with him.

[seanamarts]

Have you tried calling the fines office at the court where the case was heard?

If not I would contact them and explain that your son had moved and didnt get the letters, plus there is the fact that he has a learning disability and the fact that he is unemployed. They may call the bailiffs off and set up another repayment schedule. Its worth a shot.

 

Does he get any benefits? If so it maybe possible that they will be able to set up an arrangement with his job seekers allowance and have a proportion taken out to pay off the fine, its usually £5.00 a week.

If he is not on JSA then find out about getting him on it and a payment plan sorted through them to the courts

[brassnecked]

Do as seanamarts suggests or rather do it with your son as HMCS may refuse to disclose anything to you as you are not the named debtor, so they will cry sorry can't Data Protection. If they refuse to reconsider hit them with the information from this thread particularly the link provided by tomtubby in post`1 as it indicates magistrates courts must consider a change of circumstances amongst other things

[seanamarts]

If they do hit you with the data protection argument, write a letter of authorisation for you to speak on behalf of your son.

 

Make sure you both sign it and shoot it off to them in an email.

 

Something like this should do;

 

I [your sons name] of [address] hereby authorise [ your name] of [address] to act on my behalf with regards to all matters concerning [subject]

 

Signed

[your son] [print name] [date]

 

[your name] [print name] [date]

 

That should be excepted so that you can deal with this on his behalf. Hope that helps

[PhaedraUK]

That's all very helpful, thank you very much. I will do as you suggest, or rather get my son to do it with my support - it's important he does as much as he can for himself.

 

I'll let you know the outcome.

[PhaedraUK]

Hello again. In haste, as I'm late for work! Hope this makes sense ...I can come back to this letter if I've missed something.

 

I spoke with the court, and then enforcement officers, who said I needed to speak with Collectica which I did. My son authorised them to speak to me, and I was told that it was perfectly legal for them to turn up at my home and take my property. I would then need to claim it back through the courts. He quoted some regulation at me - a TCA or something? - then he suggested I enter into an agreement with my son to lend him the money. I explained that I didn't have it etc. I told them about his unemployment, and having nothing of value but it was no use as he said a warrant had been issued.

[brassnecked]

Hello again. In haste, as I'm late for work! Hope this makes sense ...I can come back to this letter if I've missed something.

 

I spoke with the court, and then enforcement officers, who said I needed to speak with Collectica which I did. My son authorised them to speak to me, and I was told that it was perfectly legal for them to turn up at my home and take my property. NO NO NO it is not lawful for them to take your property and then force you to claim it back, if you provide proof of ownership they cannot take anything of yours they look to be misrepresenting the interpleader part of the new regsI would then need to claim it back through the courts. He quoted some regulation at me - a TCA or something? - then he suggested I enter into an agreement with my son to lend him the money. I explained that I didn't have it etc. I told them about his unemployment, and having nothing of value but it was no use as he said a warrant had been issued.

 

Contact the court and tell them you will be swearing a Statutory Declaration to the effect that all goods and chattels in and around your property are your property, as Collectica are threatening to take your goods and force interpleader under the Taking Control Of Goods Act,

 

Other Caggers will be along soon with more advice very soon I feel, but the Statutory Declaration would be useful if you don't have receipts for some of your goods and Collectica are bull-headed and try to take them.

[PhaedraUK]

I contacted the court who told me the statutory declaration wasn't relevant because it was for people who didn't know anything about the debt (meaning the person who had been fined).The bailiff told me the same thing (sorry, forgot to mention that in my earlier post - in a rush).

[brassnecked]

I contacted the court who told me the statutory declaration wasn't relevant because it was for people who didn't know anything about the debt (meaning the person who had been fined).The bailiff told me the same thing (sorry, forgot to mention that in my earlier post - in a rush).

It can be used to swear ownership of goods but it can be done at a Solicitors and Commissioner of Oaths costs around a tenner, but as the court are saying that wait to see what other Caggers say, as a Stat Dec can be used to show a bailiff that you own goods. I feel the court and Collecticarp are being disengenuous and trying to persuade you to pay them. will PM tomtubby and ploddertom to look in

[lookinforinfo]

Both are talking complete rubbish.

Under the Statutory Declarations Act 1835,[4] the defendant’s declaration can be made before anyone who is authorised by law to hear it (for example, a solicitor), or before any Justice of the Peace. The person who hears the declaration need not enquire into the truth of it. That person’s function is limited to hearing the declaration, and certifying that he or she has done so by signing it. If the declaration turns out to be untrue, the defendant making it may be punished for perjury.

 

You can use a Stat. Dec. to change your name and when you need a witness for a passport application as well as a host of other reasons. You can either do it at your nearest Court [it's free] or if you are worried using the Court, a local solicitor [Charge will be £10-£15] wiil do instead.

[brassnecked]

Absolutely lookedinforinfo, collecticarp are being very naughty indeed, with the bold statement they can remove and force op to interpleader, in the light of evidence to the ownership of goods. I feel they are applying undue pressure to gain payment.

[PhaedraUK]

Thanks for that. This is appalling. I understand people have a job to do, but lying is obviously unacceptable. I'm at work now, so can't get to the court until Monday. Hope they don't turn up over the weekend.

[PhaedraUK]

Quick question .... I can prove ownership of my most valuable items, so will this be OK if they turn up over the weekend?

[renegadeimp]

get the stat dec done ideally. The bailiff will try and take whatever they can. Bailiffs do not care about you or anything else. They will do anything they can to get the money.

[brassnecked]

Quick question .... I can prove ownership of my most valuable items, so will this be OK if they turn up over the weekend?

That should be a start, in any case don't let them in, if they clamp your car or threaten to show them V5 and insurance I feel collectica would be very silly if they were to turn up and try to take control of your goods, as you are not the named debtor. Further if they are ignoring the potential Vulnerability of your son who is on JSA so cannot afford the sums demanded, which can have deductions taken from it the court lays itself open for a potential complaint

[PhaedraUK]

They can force their way in as they are chasing court fines, can't they? I think this is one of the few exceptions, which is why I'm worried about keeping them out til I can do the statutory declaration.

[brassnecked]

They can force their way in as they are chasing court fines, can't they? I think this is one of the few exceptions, which is why I'm worried about keeping them out til I can do the statutory declaration.

Not immiediately, they cannot just get a locksmith to accompany them on a first visit to drill the locks, they could try to take control of your car but as they have been informed about the ownership and you have sufficient proof or a Stat Dec Monday, they would be very silly to try to force you to interpleader, (the court procedure they said you would need to do to get your goods back) they are out of order and they know it.

[old bill]

PhaedraUK,

 

Which HMCTS Area is stated on the letter left by Collectica-ca-ca?