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Missed £20 TVL fine paymentto collectica turns into +£300 owing - HELP! on benefits

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Hi, all, need some urgent advice.

 

 

TV licence fine debt of £20 was sent to collectica.

 

 

Had been paying fine off

but due to payment issues with ESA, missed two £5 payments.

 

 

Received a letter from collectica charging me £75 plus the outstanding fine debt of £20.

 

I was really angry that no notice had been given to me of it going to collectica,

but it's my fault for forgetting to chase it,

 

 

called collectica to sort out paying.

The guy on the phone was awful and so rude and obnoxious.

He left me in absolute tears.

He wanted the whole lot in one go,

and said that the bailiffs would remove my property,

or send me to prison if I didn't pay up.

 

 

I eventually managed to get him to agree to letting me pay in instalments.

 

He offered 4 weekly instalment amounts,

I asked if I could pay double the amount as I get paid fortnightly.

instead of 4 weekly instalments,

I would pay two fortnightly payments of £52 each fortnight.

He was happy with this.

 

 

I got a call at the crack of dawn on Monday from him to take first payment of £52.

The next payment is due Feb 9th, as agreed.

 

Forward to today,

i've got a letter from collectica stating my next payment is due.

Have just called them and was told I have to pay up today or they will forward to bailiffs.

 

 

I explained I had an agreement to pay the next payment on he 9th,

they are saying I'm lying and that it's due now.

I have no idea what to do.

Am so upset.

 

 

Explained that the whole reason I was paying larger amounts was because it was agreed I could pay fortnightly.

They just won't listen.

 

 

now I'm looking at another £230 bailiff charges because they have noted wrong date on computer,

and im completely up the creek as it's my word against theirs.

Can't believe the upset this is causing, and the debt was only £20.

 

Is there any way I can deal with collectica ?

They have made this error and I am so very very angry that they are adding another charge on top.

This is just so unfair.

 

 

Is there anything I can do ?

Thank you so much for your time.

I just don't have the money to give these people.

 

 

Paying the two lots of £52 is bad enough and

I had to get a damn Wonga loan to give them their first payment.

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It does seem more than harsh that a £20 debt, especially from someone on benefits should have been passed to Collectica. Stupid as well since the new Regulations appear to mean that the bailiffs get paid their £75 first before the actual debt is paid to the Court.

It is time that TV licence fees are decriminalised and taken out of the hands of Collectica.

 

Sorry I can't be of help to you other than to sympathise but their will be others along who will be able to give advice on how best to handle the

situation.

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If you are certain that is what was agreed - call them and ask for them to listen to the recording of the conversation. Then if you are correct they will have to reset your payment plan


None of the beliefs held by "Freemen on the land" have ever been supported by any judgments or verdicts in any criminal or civil court cases.

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Thank you to you both for taking the time to try to help me. I am incredibly grateful. I called collectica back regarding my concerns, and was told to email their admin team. They were steadfast in their demands that I will incur more charges.

 

I am hoping that all calls are recorded as it will definitely prove they have made an error. The same guy even called me two days after I made my first of two installements, to see if I had the cash to pay the other installment in advance. In this call I told him that I couldn't do it until the 9th like agreed, so they have two calls where this date is confirmed.

 

I have sent their admin a strongly worded email, ordering that this matter be investigated immediately, and that all charges be put on hold until this is concluded. Just praying they were both recorded as they today added another £230 to the account for non payment as it takes 7-10 days for them to answer the email. To say I'm so upset and angry is an understatement. Have been so compliant, but get the feeling they are trying it on in the hope of making an extra bit of cash at my expense.

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If they come back with a negative on this, then you will need to send a Subject Access Request to their Head/Registered office. At the very least those phones calls and a summary of the conversation should be on their communication log.

 

TBH

 

It is very hard to believe the law actually permits this type of daylight robbery !


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goback to the court and ask for a variation order I would think?

 

if you are on benefits the court should have taken this into consideration in the first place

 

did you attend court or inform them of your benefits being the only income?

 

 

dx


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Thank you all for your time.

 

 

I didn't attend court as due to disabilities, find it hard to get out of house most days.

 

 

Would have been too much of a physical ordeal for me so thought it easier to just put my hands up & plead guilty,

as a doorstep guy got me to sign what I saw to be a direct debit form.

Appears it wasn't, but my fault so have myself to blame there.

 

In desperation, I checked out some bailiff forum, and reading through many posts,

their advice to everyone was "pay fine direct to court, or online. Do not pay the fees as they are illegal & not enforcable in court

due to there not being some parliamentary statute allowing this.

 

 

They also mentioned that one the fine is cleared the debt dies, so nothing the bailiff can do about his fees.

 

 

They can't get in if they turn up at your door or charge anymore fees as the debt is dead.

 

Well, I was going to follow that advice & pay online, but had an uneasy feeling about it, and had already paid £52.

 

 

Have also today read on here that their advice may not be correct.

I had an email back from collectica, & they thankfully did record the phone calls,

which confirmed that they made an error,

 

 

so am thanking god that it now puts me in the clear,

& the other charges were removed.

 

 

An expensive lesson learnt.

Is it correct that I can claim the £75 enforcement fee back from Petty France St ? As read that this fee is illegal & should only be charged once a bailiff has been instructed, & not before. Have no idea how legit that sight was, but if I can't claim the fee back then it's my own stupid fault for missing the two £5 payments.

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I did give the courts a statement of my financial means. The original fine was £179 to be paid in installments of £5 per week. Barkingside magistrates are maybe a bit less forgiving than others. Never expected a £75 fine on top for only missing two £5 payments

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god well done

 

 

and well done on not following the stupid Freeman of the land stuff

and the other crap those stupid sites give.

 

 

if your are disabled and registed so.

then you are clearly vulnerable

NO baiiff action should ever have been taken.

 

 

did you make everyone aware of this vulnerable status

 

 

if not you NEED TOO>

 

 

dx


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I didn't know about the "vulnerable" aspect, so no, nobody knows, although when I phoned Collectica after receiving the enforcement letter, I told the guy on the phone I was on DLA, and really unwell, but his response was that he didn't give a damn.

 

I have never spoken to anyone quite so nasty. He seemed to take such delight in the fact that I was in tears & couldn't pay. It was an awful experience. I need to pay another £52 on Monday then they will close the file.

 

I thought the other sites advice too good to be true. Was so close to paying the fine online, but as I had already paid £52 it seemed pointless, and was not sure it was the more sensible thing to do.

 

I will steer clear of that site in future. Did seem the advice was too good to be true, plus they charge people. You guys help out of the goodness of your hearts, and that means so much to so many of us. You are all so greatly appreciated. I'm guessing the advice was not quite as accurate as it should have been. I shall just be grateful then that it was only £75 that I was stung for, as seems It could potentially (given their advice) have been a heck of a lot more expensive.

 

Thank you so very very much for everything you all tried to do to help me

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i'll let baiiff advice confirm my thoughts

but I think, that all the fees 'should' now be dropped.

 

 

I've not got a link to the 'new' guidelines of apr last year

but I'm sure it still applies.

 

 

if I get time i'll look tomorrow.

 

 

here are the old ones..

 

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

.

Vulnerable situations

Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable

and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor

about how such situations should be dealt with.

 

 

The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation,

therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is evidence of a potential cause for concern.

 

 

If necessary, the enforcement agent will advise the creditor if further action is appropriate.

 

 

The exercise of appropriate discretion is needed, not only to protect the debtor,

but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.

Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.

Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.

Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.

Those who might be potentially vulnerable include:

'

the elderly;

'

people with a disability;

'

the seriously ill;

'

the recently bereaved;

'

single parent families;

'

pregnant women;

'

unemployed people; and,

'

those who have obvious difficulty in understanding, speaking or reading English.

 

this applies to the whole HOUSEHOLD 'a' vulnerable person resides there.


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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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I wish I had spoken to you all on here before I spoke to Collectica.

 

 

I couldn't afford the two £52 instalments,but was the only option they'd give me,

despite me repeatedly telling him im on sickness benefits.

 

 

He said it matters not a bit to them whether I work or not.

He gave me no option but to take out a Wonga loan to pay first installment.

 

He said that if it wasn't paid in two days, that the bailiffs would attend with the police, & i'd be arrested.

I couldn't subject my two kids to that.

 

 

I cannot afford to pay the £52 on Monday, as have to pay the money back to wonga that I borrowed for first instalment,

but guess I'll just have to take the loan straight out again.

 

Thanks to collectica, the £20 fine has not only incurred a £75 charge,

but also I have to pay interest to Wonga for the loan taken to pay the fine.

 

 

So angry I just want to cry, but will just have to chalk all this down to experience.

 

 

They said they don't normally allow people to pay in instalments,

so guess I should be grateful.

 

 

Don't feel it though.

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whoee

hold on

 

 

you DO NOT PAY WONGA

 

 

PAY THE FINE

 

 

please get your priorities right

 

 

Wonga can do bugger all to you

 

 

this lots can take your possessions and even I- prison you THEY ARE COURT BAILIFFS!!

 

 

.....

 

 

you need to get this vulnerability stuff ticking along

 

 

there is a possibility that the fees MIGHT be refunded

 

 

others will have to advise better than what I an thinking.

 

 

dx


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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I cannot afford to pay the £52 on Monday, as have to pay the money back to wonga that I borrowed for first instalment,

but guess I'll just have to take the loan straight out again.

 

.

 

Due to moving offices I was without broadband until yesterday so still doing loads of catch up. I will come back to your query later this morning.

 

Please do not worry.

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A court fine takes priority over a Wonga debt.

 

 

It is far more important to pay the fine than pay Wonga.

 

 

BA stated she would post back yesterday,

I note she must have been sidetracked,

but am sure she will be posting back on your thread soon.

 

That said,

if you provide evidence of your vulnerability, the whole issue should be rewound to the Compliance Stage

and you should be able to renegotiate a sensible, affordable, and sustainable repayment plan.

 

 

You should never agree to more than you can afford to pay, though I understand fully the pressures on you to do so from the EA.

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Sorry have I read this wrong?

 

The clown on the phone from collectica told you to take a loan out with Wonga? Is that correct??

 

This could be bigger than ben hur when the media get hold of this if they demanded you take out a loan!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Sorry have I read this wrong?

 

The clown on the phone from collectica told you to take a loan out with Wonga? Is that correct??

 

This could be bigger than ben hur when the media get hold of this if they demanded you take out a loan!

 

I would think also that Wonga could be in trouble for irresponsible lending ? presumably if you cant afford your tv licence or then almost certainly a PDL is out of the question !


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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oops duplicate deleted


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Looking at the posts, I don't think the EA Overtly told liverbird37 to go to Wonga, just the usual crass beg steal or borrow to pay me or you will be arrested. all your possessions including the kids toys (they probably still forget what is exempt and will say they can take the lot, ) your house cleared out to sell your goods, whilst you are in jail, and your kids in care. The usual EA threats.

 

Did he defo say to go to wonga? If so there could be a whole world of pain awaiting him

Do not pay Wonga pay the fine.


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He didn't mention Wonga directly, but when I said I didn't have the funds to even pay the two £52 installments, that he apparently put his neck on the line to allow me, he asked if I had an overdraft facility, which I don't, he then mentioned a short term loan, as the loan was so serious he said he's authorise an arrest warrant if I didn't get the first instalment within two days.

 

I was scared, so took out the loan to comply, as have read just how serious non payment of High Court fines are; although I never once refused to pay, just needed a bit of help on their part, & thought they'd be forthcoming as the fine was only for £20.

 

Had a call at 7.00am this morning from Collectica demanding the second installment. I mentioned to him about the vulnerability criteria, to see if I could lower the payment, but he stuck with same response that he didn't care what my circumstance were, there was nothing could be done, & that if I didn't pay the last installment today, he's instruct the bailiffs to collect which would add another £230 to the bill. I mentioned that they could not push the bailiff issue as I could prove vulnerability under several categories, at which point he became extremely angry and abusive.

 

I asked him to calm down as found his attitude incredibly intimidating, at which point he hung up on me. I paid the £52 so I didn't have to deal with them again, as they caused me so much upset, not to mention the fear & stress. I couldn't afford to, but at least now I know I can relax now, & don't have the constant threat of police & bailiffs weighing on my mind. Have never had any fines in my life, & consider this an expensive, but valuable lesson learnt.

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Absolutely despicable behaviour and should be a criminal offence!

 

Rule one, NEVER sign anything on the doorstep, especially where the BBC are concerned, just shut the door and say nothing.

And never deal with DCA's over the phone, unless you can record the calls, you should keep everything in writing only.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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If everything you state above is exactly as you say, are you aware that it is perfectly possible to take an enforcement company and council (who hold what is called vicarious liability - it just means joint liability) to court when you're feeling stronger and have recovered a bit from this ordeal? I did it several years ago, and it was approximately 2 or 3 years after the bailiffs had visited. I sent SAR requests to both bailiff company and council, and within those was sufficient evidence to show they had not acted as they should.

 

There was a fair out of court settlement, but while money never made up for the truly horrendous times we suffered at the hands of the lying Andrew James Enforcement, it helped make up a bit for all the times they claimed we'd broken repayment agreements when we knew we hadn't, the phontom visits to our house, the fact they phoned neighbours to ask about me etc....

 

It may be something to consider in time. The bailiffs have to be accountable for their actions, and you, as the debtor, clearly have rights which you must be allowed to exercise without suffering the attitude you met with when you phoned this morning.

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@coughdrop, this was Collecticarp for magistrates, I feel a letter of complaint to the court manager copied to MOJ might be an option, the Collecticarp EA was a despicable individual, threatening an arrest warrant if a loan wasn't taken out to pay him. The House of Lords firked up the inept bunch of elites they are by voting to keep TV Licence criminal.


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@coughdrop, this was Collecticarp for magistrates, I feel a letter of complaint to the court manager copied to MOJ might be an option, the Collecticarp EA was a despicable individual, threatening an arrest warrant if a loan wasn't taken out to pay him. The House of Lords firked up the inept bunch of elites they are by voting to keep TV Licence criminal.

 

Thank you BN - I was confusing it with another case I've read. That said, the debtor still has rights and if they are vulnerable, a big mistake has been made. I thought EA's allegedly had some sort of training to spot vulnerability now. I'm all for a debtor having to prove they are vulnerable, and EA's don't have crystal balls to tell in advance whether or not the client they're going to see is vulnerable. Equally, I know that when faced with a bailiff at your door, the question, "Am I potentially vulnerable?" is not the first thing going through one's head.

 

There must be a form of redress for the debtor, especially given they were denied the ability to talk about their vulnerability issue, which will elicit more than just a letter of apology. Your route may be that way, I don't know.

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