HMCS and Collectica

[aferg01]

Hello.

 

A few months back, my wife was taken to the local magistrates for non-payment of TV Licence.

 

She made them an offer of £10 a week to clear the fine.

 

She has made payments to clear the fine (But she missed a few, but not fell majorly behind) and the sum is now down to £25.

 

we get a letter today (After she already paid this week's payment) saying that her account has been passed on to Collectica.

 

We gave the court a call saying that it's unfair that the fine has been passed over with such a small amount remaining.

 

 

The fella who we spoke to at the courts insisted that a letter was sent out in July, warning that if the fine isn't cleared, it would be passed over.

My wife then insisted that she hasn't received a letter of this nature.

I said that we'll give Collectica a ring to see what they have to say.

 

We caledl Collectica, (And get put through to rudest person I've ever had the misfortune to speak to)

and they say that it's gone up to £110 now, due to their fees being added up on top.

 

 

I reluctantly agree to offer to pay it, if I can pay them £10 a week, just like we've been doing with HMCS.

They said no, we want the full amount by the end of the month, or we'll get a visit, adding more fees on top.

 

I thought that if you make a bailiff an offer of payment, they have to accept it?

 

I'm just a bit worried that they're going to try and catch us out and try to send someone out before we expect them.

Edited September 7, 2015 by aferg01

[Bailiff Advice]

Hello.

 

A few months back, my wife was taken to the local magistrates for non-payment of TV Licence.

 

She made them an offer of £10 a week to clear the fine.

 

She has made payments to clear the fine (But she missed a few, but not fell majorly behind) and the sum is now down to £25.

 

So, we get a letter today (After she already paid this week's payment) saying that her account has been passed on to Collectica.

 

We give the court a call saying that it's unfair that the fine has been passed over with such a small amount remaining. The fella who we spoke to at the courts insisted that a letter was sent out in July, warning that if the fine isn't cleared, it would be passed over. My wife then insisted that she hasn't recieved a letter of this nature. I said that we'll give Collectica a ring to see what they have to say.

 

We call Collectica, (And get put through to rudest person I've ever had the misfortune to speak to) and they say that it's gone up to £110 now, due to their fees being added up on top. I reluctantly agree to offer to pay it, if I can pay them £10 a week, just like we've been doing with HMCS. They said no, we want the full amount by the end of the month, or we'll get a visit, adding more fees on top.

 

I thought that if you make a bailiff an offer of payment, they have to accept it?

 

I'm just a bit worried that they're going to try and catch us out and try to send someone out before we expect them.

 

The letter that you refer to from the court would have been the Further Steps Notice. If the court claim that this was sent and your wife is adamant that it has not been received, then your wife needs to take this up with the court. My personal opinion is that it is unlikely that the court will instruct Collectica to cease enforcement pending the outcome of their enquiries.

 

The debt has increased by £75 to include the statutory compliance fee and the concern that I have is that if a payment proposal is not agreed soon the debt will automatically progress to an enforcement visit and this will increase the amount even further with the enforcement fee of £235.

 

By and large most enforcement companies are willing to accept a payment proposal over 3 months, and with larger debts over 6 months. In your case, your wife is offering to pay £40 per month (£10 PW) and I am surprised to hear that this payment proposal is being rejected.

 

Lastly, you say that the balance of the court fine was £25. The compliance fee is £75 so the amount being requested should only be £100 and not £110.

[aferg01]

Thanks for your reply.

 

UPDATE:

My wife went to the CAB this morning to seek help.

The advisor called Collectica, and the agent spoke to the advisor in the same way I was spoke to yesterday.

 

 

The advisor couldn't believe that he was spoken to in that way.

He's going to lodge a complaint against Collectica, and he's escalated it someone who is higher-up in the CAB, and he's certain that it will get quashed.

 

My wife has to fill in an income an expenditure form in, and has to go back to the CAB on Thursday to hopefully put an end to all this.

 

Wish us luck.

 

(PS: If it does end up saving us 75 quid, I'll chuck some of it your way for taking the time to help!)

[Bailiff Advice]

Thanks for your reply.

 

UPDATE: My wife went to the CAB this morning to seek help. The advisor called Collectica, and the agent spoke to the advisor in the same way I was spoke to yesterday. The advisor couldn't believe that he was spoken to in that way. He's going to lodge a complaint against Collectica, and he's escalated it someone who is higher-up in the CAB, and he's certain that it will get quashed.

 

My wife has to fill in an income an expenditure form in, and has to go back to the CAB on Thursday to hopefully put an end to all this.

 

Wish us luck.

 

(PS: If it does end up saving us 75 quid, I'll chuck some of it your way for taking the time to help!)

 

I am very surprised to hear that the CAB received such a hostile response and please do post back to let us know the outcome of their complaint.

 

The Notice of Enforcement would have upon it a date by when a payment proposal (or full payment) must be agreed by. This is referred to as the 'Compliance Stage' and as long as that period of time does not pass the bailiff fees must remain at £75. What date is given on the Notice of Enforcement?

[aferg01]

We haven't had an enforcement notice arrive yet. It's just a letter from the court saying that it's been passed on to Collectica.

 

I'll keep you posted as to what the outcome of the the CAB advisors complaint is.

[Bailiff Advice]

We haven't had an enforcement notice arrive yet. It's just a letter from the court saying that it's been passed on to Collectica.

 

I'll keep you posted as to what the outcome of the the CAB advisors complaint is.

 

I do beg your pardon, I misread your initial post. I realise now that the letter that you refer to is the one that your wife received from the court after she had made payment to them.

[mikeymack2002]

The fact that the Court allowed you to pay just £10-00pw would point to the fact you maybe on a very low income if not on benefits! Check other threads regarding how this works...

 

If the enforcement has not yet started then pay the remaining balance of £25-00 then the warrant of conrol will be ended..

Edited September 9, 2015 by Andyorch
Irrelevant paragraph removed

[Peterbard]

Unfortunately the compliance stage would have commenced on the receipt of the warrant by the EA, so the initial £75 will have been added to the bill.

 

Not that this cannot be removed if the warrant was passed in error to the ea.