Collectica notice for 'unpaid' speeding fine.

[divineinspiration3]

Hello guys, I wonder if someone can advise?

 

On 3rd of March an enforcement officer from a company called Collectica came to our house

and presented my wife with a "Notice of intention to enter & search your premises-removal notice".

 

 

It transpires that this was in relation to an outstanding speeding ticket my wife thought she had cleared off via an automated payment back in December.

 

 

She has had no communication from any body until that morning when the gentleman arrived.

 

 

The outstanding balance of £65 is include in the new bailiff balance of £375, a massive jump in anyone's book.

 

 

Now I've looked into bailiff charges and understand that there is a visiting fee of £235, rip off!,

and a "Compliance" fee of 75 quid but

 

 

up to now we've had no breakdown of the charges.

 

 

The bailiff also states that he has a warrant in his possession but has not shown it as he is "NOT OBLIGED TOO".

 

 

I spoke to the bailiff on my wife's behalf and he's given her 30 days to clear the whole balance,

starting with £100 this coming Friday, or he's coming in and taking goods!

 

Please somebody advise where she/we stand on this and in particular time scales for payment.

 

 

WE HAVE NEVER RECEIVED A NOTICE OF ENFORCEMENT.

 

 

Many thanks in anticipation :0)

[HCEOs]

OK, I've no doubt that the bailiff has a warrant but he is not helping himself by not showing it.

 

The usual reason for this is that they are often office generated and the internet has made your average Joe a so called expert on these, usually asking where the Judge has signed it in wet ink and all that other rubbish. Also, it is his authority to enforce and if you snatch it off him and screw it up it causes problems when the Police arrive.

 

In terms of the repayment plan the HMCTS pretty much leaves this up to the bailiff so he would have weighed up what your means are and will push for as much as he thinks you can afford. You do need to try and reach an agreement though because if he returns he will add another £110 to the bill.

 

In terms of the Notice of Enforcement this will be your word against theirs unfortunately. You could probably apply to court regarding this and others will no doubt advise on this - Magistrates Court Fines are not my area of enterprise.

[GrumpyToSayTheLeast]

Id imagine if you asked them, the would confirm the NOE had been sent by royal mail. That's all they need do. Claiming to have mot received the notice is not enough to stop enforcement or remove fee's.

 

The bailiff will set the arrangement times. He will have been told in the SLA with the magistrates court what times he has to collect the fine within. Whether than be 2 months, 4 months 6 months etc. And if the fine has been sat for 2 months awaiting someone to go and visit it, he may only have 1 month left to collect the fine in.

 

 

£235 to you is a rip off, but there are a lot of costs involved in the execution of warrants and thats why the government and the enforcement industry with input given from sectors like CAB have agreed this fee.

 

 

 

The bailiff has no requirement to show you the warrant, this can be view at the issuing fines office between the hours of x and x(I have no idea what the hours are).

 

The bailiff should give you a break down of the costs and balance outstanding. The NOE does that for him as does his tcog forms.

[GrumpyToSayTheLeast]

And as its for speeding, its a criminal fine and therefore, he does have the power to break in, and no matter what people say... Like he has to go back to court and request this, and have a hearing, and have you attend, and go and visit the cow on the moon, its all bad advice. He can have permission to force entry in a 30 sec phone call.

[mikeymack2002]

Time to rewind this for a moment please....

 

 

1. Did you wife receive a notice from the issuing Court that if she failed to pay the out standing balance of her fine this would result in the debt being sent out for enforcement (Bailiff) now known as an Enforcement Agent (EA) this notice is called the "Final Steps Notice"

 

 

2. When this case was originally heard did your wife fill in the MC100 form? Known as a financial means form? If not then the Courts were unaware as to how much you could afford to pay to clear the debt

 

 

3. Did your wife receive a letter at least 7 days prior to the EA calling at your property?

 

 

4. Has your wife any proof that she tried to clear the debt by means of a receipt stating the payment was/not made at that time

 

 

Can you confirm or explain any of the above please?

[Bailiff Advice]

Hello guys, I wonder if someone can advise?

 

On 3rd of March an enforcement officer from a company called Collectica came to our house and presented my wife with a "Notice of intention to enter & search your premises-removal notice". It transpires that this was in relation to an outstanding speeding ticket my wife thought she had cleared off via an automated payment back in December.

 

She has had no communication from any body until that morning when the gentleman arrived. The outstanding balance of £65 is include in the new bailiff balance of £375, a massive jump in anyone's book.

 

Now I've looked into bailiff charges and understand that there is a visiting fee of £235, rip off!, and a "Compliance" fee of 75 quid but up to now we've had no breakdown of the charges.

 

The bailiff also states that he has a warrant in his possession but has not shown it as he is "NOT OBLIGED TOO".

 

I spoke to the bailiff on my wife's behalf and he's given her 30 days to clear the whole balance, starting with £100 this coming Friday, or he's coming in and taking goods! Please somebody advise where she/we stand on this and in particular time scales for payment.

 

WE HAVE NEVER RECEIVED A NOTICE OF ENFORCEMENT.

 

Many thanks in anticipation :0)

 

There is really nothing further that I can add to the answers that I have already given on the LB forum (under my alternative user name of Milo).

[Bailiff Advice]

And as its for speeding, its a criminal fine and therefore, he does have the power to break in, and no matter what people say... Like he has to go back to court and request this, and have a hearing, and have you attend, and go and visit the cow on the moon, its all bad advice. He can have permission to force entry in a 30 sec phone call.

 

On probably no less than half a dozen times today I was asked whether it is true that a bailiff enforcing a magistrate court fine has to obtain a separate warrant to enable him to force entry into the debtors property. The simple answer is of course NO....

 

I am surprised (and disappointed) that almost a year after the regulations have been in force that confusion is still rife on this subject. I will be putting together a new thread on this subject but your comment about a 30 second phone calls reminds me that I should update the Forced Entry Protocol Sticky with the new guidance.

[onestressedwoman]

BaliffAdvice

 

I have a problem with Collectica too with a notice I received for my son who doesn't live here posted on a separate thread but on reading your comments above i went to look for Force entry protocol and can't find it could you post up a link please this is worrying me greatly now

[ploddertom]

BaliffAdvice

 

I have a problem with Collectica too with a notice I received for my son who doesn't live here posted on a separate thread but on reading your comments above i went to look for Force entry protocol and can't find it could you post up a link please this is worrying me greatly now

 

Have a read here http://www.consumeractiongroup.co.uk/forum/showthread.php?444271-Magistrate-Court-fines.....does-a-bailiff-have-to-apply-to-court-for-a-warrant-to-allow-him-to-force-entry-%283-Viewing%29-nbsp