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    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   I will get this put into the defence section. Thank you again.
    • just remove the 2nd part where you mention some reply.
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Collectica notice of enforcement - outstanding fine for TV License - help

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Hello all,

 

Hoping someone can give me some advice to let me know what my options are, and whether or not this company is being unreasonable. Thanks in advance.

 

I received a notice of enforcement from Collectica for a outstanding fine for TV License. My own silly fault that I did not pay it but to be honest it wasn't something I could afford.

 

It says I owe money to HM Courts and Tribunals service which I assume is serious. Is this the type of debt that allows the enforcement office to let themselves in to my home?

 

It says I have until tomorrow to pay or make an arrangement, which I have tried to do but they want the whole amount (£415) in full today. I explained that, that was impossible. I'm a single mum with a 1yr old going through financial difficulties and was told the minimum I could pay is £25 a week. Again, that would be impossible in my current situation.

 

I called back and asked for it to be put in writing that £25 a week was the only amount they were prepared to accept and was given a stern no. I asked him to repeat the offer so I could record him saying it after I was told I could get a recording but would have to pay for it. I'm not sure what I would do with the recording anyway but thought it wouldn't be any harm to have it. I have spoken to two people both rude and unhelpful and both stating paying in full or a minimum of £100 a month is my only option.

 

He said it is not means tested so they cannot do an I&E with me and because the fine is so old (Dec 2014) that is the best offer I will get.

 

If anyone has any advice, information I can take back to them to get a better offer in place, or something that can hold them off from coming round and kicking down the door that would be greatly appreciated.

 

Thank you.

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Phone Magiistrates to see if you can get a means hearing to set the payments, based on what you can afford. They might not be helpful, now it is with an Enforcement Company, but you can try. Explain that the Enforcement Agent has refused offer of a payment arrangement and your circumstances.

 

Come back, after you have spoken to the court. Because it is a Magistrates fine and TV licence is not decriminalised, they can force entry, if you refused to make payments.


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Is that the magistrates court the case was heard at? How would I find out where that is and what their contact details are? Sorry so much has happened since then I cannot remember where it was. I didn't actually go to the hearing I just sent a letter in.

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Is that the magistrates court the case was heard at? How would I find out where that is and what their contact details are? Sorry so much has happened since then I cannot remember where it was. I didn't actually go to the hearing I just sent a letter in.

 

Phone your nearest Magistrates court and they should be able to help.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Ok thanks, trying them now

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Still trying...getting really stressed out now. I have two numbers which either ring and then going dead or are busy :(

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Is there anything else I can try? I'm worried about the time and I have to pick my son up from nursery soon. Once he gets home I won't be able to do much

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Is there anything else I can try? I'm worried about the time and I have to pick my son up from nursery soon. Once he gets home I won't be able to do much

 

Ask Collectica what Magistrates is dealing with this. Phone the relevant court to request the means hearing at your nearest Magistrates. They can transfer it over to them.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Someone finally picked up, she is just talking to her manager to see what can be done. She said I need to speak to the compliance centre but their automated messages says that once it is with enforcement officers they cannot assist. Hopefully she comes back with good news.

 

Ok - she said that there was an agreement made to pay £20 a month, which is completely reasonable, however I have no knowledge of that and had I known it is definitely somthing I would've stuck to. I'm going to call the collections and compliance people and see.

 

Failing that looks like I'm screwed :(

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Collections and compliance say the only thing I can do is email Collectica's head office explaining my situation. The only way they can intervene is if I have a medical condition (which I don't).

 

Does anybody have any experience with this, and whether or not my email will result in some positive news?

 

Thanks again

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If you were unaware of the fine, which it sounds that you are?

Maybe you have moved address?

You will be entitled to make a Statutory Declaration (Stat Dec) but you only have 21 days from becoming aware of the fine to make one

 

. You can make this at your local Magistrates' Court if the originating court is too far away

 

. Don't let your local court tell you it has to be made at the original court, they just don't want the hassle

 

. If you are not able to make a stat dec you maybe able to get the case reopened but this has to be done at the originating court and you do have to attend.

 

By doing either of these 2 things will get the "Distress Warrant" withdrawn or warrant of control as they are called now.

 

Good Luck

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