collectica Collectica - warrant of control - TV Licence Fine

[shrb]

Morning

 

 

I receive a letter from collectica yesterday morning .

 

Dated 26 February 2016

Client. HMCTS West Mercia (warrant)

Client ref. *********

Total amount outstanding £620

 

We are in possession of a warrant of control as a consequence of non payment of the above fine.

Your residence at the above address has been identified by marstons tracing and investigations unit.

 

 

As you have failed to deal with this outstanding fine or respond to this and/or your previous address/es,

we must inform you that's unless the TOTAL sum is paid into our office, within 14 days of this letter an enforcement agent will visit you and may seize your belongings-this is called ''taking control of goods'.

 

 

These belongings may then be sold to pay the money you owe.

These actions will increase the Costs of enforcement and these costs will be added to the money already owed.

 

My question is

what do I do!?

I don't even know what it's for it says a fine

the only fine I can possibly think of is a nearly 4 parking fine

that I was disputing sent off some paper work but didn't hear anything back late 2013

so assumed it'd been dealt with

(I can't remember entirely as I was winding up my business so had a lot going on)

but it seems ALOT for a parking fine.

 

 

I moved 170 miles to live with my partner early 2014 and have heard nothing since.

 

 

I didn't move with much due to the distance so have a few pots pans and clothes but nothing of any value.

 

 

I'm also on full maternity leave ( 10 of 12 months)

so have no income other than my child benefit of £80 which everyone gets so definitely

don't have that quantity of money floating about.

 

 

I really don't know what to do!

Any help would me greatly appreciated!

[ploddertom]

You need to contact HMCTS to see if you can find out what it is all about.

West Mercia Enforcement Centre

Kidderminster Magistrates Court

PO Box 6088,

Comberton Place,

Kidderminster

Worcestershire DY10 1QQ

Phone

01562 514000

[josephbloggs]

It will be a court fine if collectica are involved. Not a parking fine

(Eg speeding - no tax - assault - tv licence)

Best way to find out is call hmcts west mercia and ask the question

[shrb]

just to add i've searched for the court so i could call them for more information and can't find it? I certainly used to live in that are though.

 

sorry plodderton, my post must have crossed yours

 

I've just spoken to HMRC west mercia and it was for a tv licence fine.

 

 

I know it's absolutely my fault and there is no excuse, but i's completely forgotten about it.

Some one did attend and i had to sign something and he said it was going to court on.

I don't know why i didn't sort it out at the time again no excuse but my business was closing

and i was having a crap time and I think I brushed certain things under the rug.

 

The lady on the phone said they wrote to my previous address

but we as we had moved I didn't receive anything which apparently is tough

as it was my last known address also apparently they tried to do an attachment of earnings with my employer

-I work for a large national company so wasn't informed,

but was on maternity leave and at that point with no return date

(i'd given them an informal one) so they could't do one.

 

 

So that's when they issued the warrant.

She said as they contacted me there's nothing they can do so no point doing a statutory declaration (?)

and to contact collectica.

[brassnecked]

just to add i've searched for the court so i could call them for more information and can't find it? I certainly used to live in that are though.

Use the details supplied by ploddertom at post# 2

[shrb]

I have done now, I think our posts crossed. I've replied above

[Bailiff Advice]

 

The lady on the phone said they wrote to my previous address but we as we had moved I didn't receive anything which apparently is tough as it was my last known address also apparently they tried to do an attachment of earnings with my employer -I work for a large national company so wasn't informed, but was on maternity leave and at that point with no return date (i'd given them an informal one) so they could't do one.

 

She said as they contacted me there's nothing they can do so no point doing a statutory declaration (?) and to contact collectica.

 

I am sorry to say but the person you spoke to has not given you the correct information.

 

The most important document is the Summons. This document allows you the opportunity to enter a plea (guilty or not guilty). If an 'early' plea was entered then you would have had a reduction in the amount of the fine. (In most cases a one third reduction although this is about to change quite significantly).

 

You would have received with the summons, a Means Enquiry Form. By providing information regarding your maternity leave, this would have also assisted the court in setting the level of fine.

 

Most importantly though, is that the court should allow you to file a Statutory Declaration. This can only be filed within 21 days of 'becoming aware' of the matter. Today is 'day one'.

 

I suggest that you call back and ask that an appointment be made for a Statutory Declaration. Explain that in an earlier call to the court you were made aware that a summons and all subsequent documents had been sent to your previous address and that it was only today that this matter came to your attention.

 

PS: You need to be firm. If the appointment is given, then in most cases, the court will contact Collectica to get the account put on hold. Please post back after you have spoken to the court.

[shrb]

Thank you so much for getting back to me. I've a Dr's appointment this afternoon so i'll call when I get back and let you know what they say.

[shrb]

I've just spoken to a really nice chap at the court, who said I was ill advised by a less experienced member of staff. He's held action for 14 days so I can apply for a Statutory Declaration. They are going to put me through to court support to arrange it. He said obviously listening to what has happened and with me moving it's obvious that all the correspondence had gone the wrong address so I wouldn't have been made aware.

It's really frightening that someone with little experience should give out such incorrect advice.

As soon as I have an update I'll post back.

[Bailiff Advice]

I am really pleased to hear that the court have agreed that a Statutory Declaration can proceed and that they have instruced Collectica to hold any action on the account for 14 days.

 

Well done.

[ploddertom]

Let's hope they follow through and this can then be put to bed.

[shrb]

Morning just an update. I've been given a date of this coming Tuesday for an appointment which is fantastic. I've pleaded guilty as the fine happened due to my carelessness and have been told the hearing should take around ten minutes. I have however been told I cannot bring my child (10 months old) this is a big problem as other than my partner (who will be working) and my work colleagues I don't actually know anyone so am unable to find childcare. I'm not sure if anyone is able to answer this but is there any exception whereby I am able to bring him?

[Bailiff Advice]

Morning just an update. I've been given a date of this coming Tuesday for an appointment which is fantastic. I've pleaded guilty as the fine happened due to my carelessness and have been told the hearing should take around ten minutes. I have however been told I cannot bring my child (10 months old) this is a big problem as other than my partner (who will be working) and my work colleagues I don't actually know anyone so am unable to find childcare. I'm not sure if anyone is able to answer this but is there any exception whereby I am able to bring him?

 

With the new guidance that was issued last year all Magistrate Court are now to address Statutory Declaration applications very quickly and, unless the case is very complex they will in most cases, will re-hear the case at the very same hearing.

 

You have said that you have pleaded guilty. How was this achieved? Have you written to the court etc?

[shrb]

I spoke to a lady at one of the local courts on the telephone. She asked what I would plead and I said it would be guilty. She said that they didn't usually deal with tv licences but as I was pleading guilty they could.

[Bailiff Advice]

I spoke to a lady at one of the local courts on the telephone. She asked what I would plead and I said it would be guilty. She said that they didn't usually deal with tv licences but as I was pleading guilty they could.

 

Speaking with somebody on the telephone at another court will not assist you. Have you spoken to the court that will be hearing your application?

 

Have you been asked to complete a Statutory Declaration and deliver it to the court before the hearing date?

[shrb]

Apologies, my reply wasn't the clearest. When I spoke to the court who originally issued the fine they said it would be more beneficial to make the statutory declaration at a nearer court given the distance. The lady at the court to which I will be making the statutory declaration said that they would be sending me the original summons (forgive me if that is not the correct term) and some other paper work- it would take a few days as it has to be sent up. I was then to attend court on March the 14th for the hearing which as I am pleading guilty would last around 10 minuets and I would be issued with a new fine. On the phone I was also asked to confirm that I'd not received the original summons as obviously it's illegal and I could face imprisonment if I made a false statement etc.. As of yet I've not received the paperwork.

[Bailiff Advice]

Apologies, my reply wasn't the clearest. When I spoke to the court who originally issued the fine they said it would be more beneficial to make the statutory declaration at a nearer court given the distance. The lady at the court to which I will be making the statutory declaration said that they would be sending me the original summons (forgive me if that is not the correct term) and some other paper work- it would take a few days as it has to be sent up. I was then to attend court on March the 14th for the hearing which as I am pleading guilty would last around 10 minuets and I would be issued with a new fine. On the phone I was also asked to confirm that I'd not received the original summons as obviously it's illegal and I could face imprisonment if I made a false statement etc.. As of yet I've not received the paperwork.

 

You were right. It wasn't altogether clear. The problem that you now have is that you have not received the necessary documentation and the hearing is early next week. If you do receive correspondence please do post back and further advice can be given.

 

In the absense of any correspondence, I would advise that you attend in any event as otherwise, the application will likely be struck out.

 

Please do post back if you receive documentation tomorrow.

[shrb]

Thank you for your quick response. I will.

[shrb]

Afternoon,

My court date has been rescheduled for Thursday the 24th of this month. The court to which the hearing will be held only received the copy of the summons and following correspondence late yesterday from the original court. They have forwarded it on to me via email saying 'please find attached your court summons in relation to your Statutory Declaration Hearing on....'

 

I assumed there would be some forms for me to fill out but there is nothing attached.

[Bailiff Advice]

Afternoon,

My court date has been rescheduled for Thursday the 24th of this month. The court to which the hearing will be held only received the copy of the summons and following correspondence late yesterday from the original court. They have forwarded it on to me via email saying 'please find attached your court summons in relation to your Statutory Declaration Hearing on....'

 

I assumed there would be some forms for me to fill out but there is nothing attached.

 

You have correctly received the summons (which is still valid) and when you attend court next week you will be advised that the court will re-hear the case again at the same time. You can then plead guilty or not guilty (as the case may be). I should also mention that when you are at court the usher will provide you with a Means Form (MC100). This is a simple Income and Assets form. The template Statutory Declaration will also be given to you on the day.

[shrb]

Many Thanks for your response.

I am so very, very anxious and I do appreciate it originally occurred due to my incompetence but I can't wait for it to now be sorted.

[Bailiff Advice]

Many Thanks for your response.

I am so very, very anxious and I do appreciate it originally occurred due to my incompetence but I can't wait for it to now be sorted.

 

Honestly, let me assure you, all courts in the UK regularly hear Statutory Declaration hearings.

 

In fact, in some larger courts, they hold Stat Dec hearings every day.

 

You need to be aware that the entire purpose of a Statutory Declaration is purely and simply,.... to put right an error that may have occurred at an earlier stage (i.e: when the summons had been issued). In most cases, this will be because of an error with the address where the summons had been sent.

 

Please do post back after the hearing.

[shrb]

Just a little update.

 

I went to court today for my Statutory Declaration and the case was re-heard. I pleaded guilty as the original fine was completely my fault through not watching what was going out of my account . My fine was however reduced to £60 fine, £20 victim surcharge and £90 court cost and I'm to pay £10 weekly (I shall increase it when I return to work at the end of my maternity.) I presume now that any bailiff will cease.

 

I would like to say a massive thank you to those that have helped, especially Bailiff Advice!

[renegadeimp]

Yep. Baliffs are gone now. So long as you keep up payments.

[Bailiff Advice]

Just a little update.

 

I went to court today for my Statutory Declaration and the case was re-heard. I pleaded guilty as the original fine was completely my fault through not watching what was going out of my account . My fine was however reduced to £60 fine, £20 victim surcharge and £90 court cost and I'm to pay £10 weekly (I shall increase it when I return to work at the end of my maternity.) I presume now that any bailiff will cease.

 

I would like to say a massive thank you to those that have helped, especially Bailiff Advice!

 

Thank you so much for updating the thread because it not only helps regular posters on here when they are advising others in a similar position, but most importantly, it also assists anyone searching for advice on the internet.

 

I notice from the figures given above that the court have not only reduced the level of the level of fine but also reduced the prosecution costs of £90. I assume that you were asked to complete a new Means Enquiry Form?