Collectica Bailiffs at my door - £200 motoring fine now +£500!!

[Snf0113]

Hi all,

 

just for bit of advice really.

Few months ago I had a court fine of around £200 for motoring offences.

 

Sorted out a repayment plan but payment card never came and lost the original letter (kids tidied up!) and couldn't contact the court as I didn't know the name of the court.

 

Around the second week of December I received a letter from Collectica saying the debt had been passed to them and they wanted payment of £276.54 in full.

I couldn't pay in full as I'm a single parent, currently on JSA as I lost my job in Sept

 

I called them and they came up with a payment plan, that I also couldn't afford to pay.

(they wanted £82.98 within 2 days and I only had £115.34 to my name and that had to last a week get food shopping, kids school lunches, gas and electric).

 

I asked the guy on the phone what would happen if I couldn't pay and he said I would probably receive another letter and they would add £75, which I thought was fair enough,

 

after christmas I would have been able to sort stuff out (Fingers crossed. I was also due to start another job which fell through on tuesday).

 

Lo and behold I had 2 bailiffs turn up at my door this morning asking for payment of £511.31.

I explained to them I don't have that kind of money or access to that kind of money,

all my family work and have bills of their own to pay, and my kids father isn't worth asking.

 

I let them look around my house, everything I have in here worth anything is in my kids room, which they explained, thankfully, they can't touch or even go in.

 

The guy was kind of sympathetic, didn't take any inventory of anything but did state he can take everything from my front room, kitchen and my room (all of it still wouldn't come near to £500 as its all second hand or broken) and have given me until the 31st of December to pay.

 

I've just worked out if I kept every penny I get up until the 31st I still won't have enough to pay it, or enough to cover what they take. He already said they would come back with a locksmith if I don't pay.

 

What can I do now?

I gathered by his tone he wont budge on the date.

I can't get money from anywhere to help.

[honeybee13]

Hello and welcome to CAG. The forum advisers should be along later to help you.

 

Could I clarify please, you say you have until the 31st December to pay the bailiff?

 

My best, HB

[Snf0113]

Hi

Well I'm guessing its Collectica I pay by the 31st. I've never dealt with bailiffs before so I'm not sure. Sorry

[Bailiff Advice]

Hi all,

 

just for bit of advice really. Few months ago I had a court fine of around £200 for motoring offences. Sorted out a repayment plan but payment card never came and lost the original letter (kids tidied up!) and couldn't contact the court as I didn't know the name of the court.

 

Lo and behold I had 2 bailiffs turn up at my door this morning asking for payment of £511.31.

 

I let them look around my house, everything I have in here worth anything is in my kids room, which they explained,thankfully, they can't touch or even go in. The guy was kind of sympathetic, didn't take any inventory of anything but did state he can take basically everything from my front room, kitchen and my room (all of it still wouldn't come near to £500 as its all second hand or broken) and have given me until the 31st of December to pay. I've just worked out if I kept every penny I get up until the 31st I still won't have enough to pay it, or enough to cover what they take. He already said they would come back with a locksmith if I don't pay.

 

What can I do now? I gathered by his tone he wont budge on the date. I can't get money from anywhere to help.

 

 

Please do not take offence with my answer as it is intended as a warning to others in a similar position.

 

Magistrates Courts have a real problem when it comes to court fines. The main reason being that the vast majority of people do not respond to summonses or complete the Means Enquiry Form. Secondly, so many people claim that their 'payment cards' failed to arrive or were lost or damaged and that they couldn't find their original correspondence.

 

Court fines ARE a priority debt and must be dealt with. If a person has difficulty paying, the courts can accept a minimum payment of just £5 per week.

 

The position that you are now in is that an unaffordable court fine of £200 has escalated to over £500. I can appreciate that you cannot afford to pay but the fact remains, that according to the enforcement industry, when a bailiff visit is made, payment is forthcoming from a third party (family or friend).

 

Getting back to your case, the goods news is that the bailiff appears to have been satisfied that you do not have any goods worth taking into control. A inventory was not made and a Controlled Goods Agreement not signed. It is possible that your account will be returned back to the court (minus bailiff fees). Unfortunately, you will not be told this.

 

I would suggest that you email Collectica to outline your personal circumstances and financial position and that you include a payment proposal in that email. Just be aware that the minimum payment that can be accept by the courts is £20 per month. There is no point is offering a lesser amount to Collectica. You need to show willingness to pay. The proposal will most likely be rejected. If so, the account will have to be returned back to the court.

[Snf0113]

Hi, thanks for the advice,

I actually pleaded guilty an completed and returned the means enquiry form, but I was working at the time of the court date.

 

 

As for the court,

I was only aware the court case was completed when I got a text message stating my payment was 1 day overdue, that was the main reason I called, the number was on the text message, and

 

 

I actually found out they had only sent the letter with the result of the case and the fine the day before I received the text,

I wasn't best pleased with them anyway when I spoke to the guy on the phone.

 

I've already offered collectica an amount I can afford to replay each week (£30 is the most I can go) and they said no, as the repayment terms aren't means tested my circumstances don't matter, which is why they wanted £82 for the first payment, and wouldn't take any less than £35 for the rest.

 

I will try and email again though.

[Bailiff Advice]

 

I've already offered collectiva an amount I can afford to replay each week (£30 is the most I can go) and they said no, as the repayment terms aren't means tested my circumstances don't matter, which is why they wanted £82 for the first payment, and wouldn't take any less than £35 for the rest.

 

I will try and email again though.

 

You have have been told that this was the reason but it isn't. As this is a priority debt, the courts insist that the warrant be returned to them if payment is not forthcoming in a specific period of time. It is for this reason that any payment is usually over a period of 3 months (sometimes slightly longer) and the initial payment usually has to be made at the time of making the arrangement.

 

Are you really sure that you can afford £30 per week?

[Snf0113]

Hi, thanks for the advice, I actually pleaded guilty an completed and returned the means enquiry form, but I was working at the time of the court date. As for the court, I was only aware the court case was completed when I got a text message stating my payment was 1 day overdue, that was the main reason I called, the number was on the text message, and I actually found out they had only sent the letter with the result of the case and the fine the day before I received the text, so I wasn't best pleased with them anyway when I spoke to the guy on the phone.

I've already offered collectiva an amount I can afford to replay each week (£30 is the most I can go) and they said no, as the repayment terms aren't means tested my circumstances don't matter, which is why they wanted £82 for the first payment, and wouldn't take any less than £35 for the rest.

I will try and email again though.

 

Hi sorry, I read your reply wrong and just realised what you said. I don't understand about the email. Do I ask collectiva to offer the amount I can pay to the court? The bailiff said he was satisfied that I had enough to take to cover the debt but wouldn't take an inventory, and next time will come back to take it all. is he allowed to do that? Im worried that if he is, he would have called collectiva (He was in his car on the phone for 10 minutes after) and would have told them that so they would know I have enough to cover that and the additional £110 charges if they have to come back, and therefore it won't return to the court.

[Snf0113]

You have have been told that this was the reason but it isn't. As this is a priority debt, the courts insist that the warrant be returned to them if payment is not forthcoming in a specific period of time. It is for this reason that any payment is usually over a period of 3 months (sometimes slightly longer) and the initial payment usually has to be made at the time of making the arrangement.

 

Are you really sure that you can afford £30 per week?

 

I may be able to afford more than £30 (I don't think I can) but I need to sit down and work things out. I have 2 secondary school aged kids who started in september. Since they've started its been letters home for trips, school equipment, school fund etc nearly every week.

When you say the payment is made for over 3 month do you mean as in a payment plan is made over 3 months? as mine was one payment then a payment every week for the few weeks after.

[Bailiff Advice]

if you had sufficient goods that could have been taken, then the bailiff would have made an Inventory and asked you to sign a Controlled Goods Agreement. He did not do so. They are experienced in knowing how much household items would sell for at auction and would have known that your items were not worth taking. I can assure you that the bailiff will not be returning to take your household items.

 

As you have already had a visit, then I would suggest emailing Collectica to reiterate that the bailiffs have been into your property and were satisfied that you do not have any items that can be taken. In that letter you should outline a payment arrangement (£30 per month if that is affordable to you). If the offer is rejected, the warrant should be returned back to the court and notes regarding your payment proposal will be recorded.

 

I would not bother calling Collectica as they will merely tell you to speak with the bailiff. Much better that you email the company.

[Snf0113]

if you had sufficient goods that could have been taken, then the bailiff would have made an Inventory and asked you to sign a Controlled Goods Agreement. He did not do so. They are experienced in knowing how much household items would sell for at auction and would have known that your items were not worth taking. I can assure you that the bailiff will not be returning to take your household items.

 

As you have already had a visit, then I would suggest emailing Collectica to reiterate that the bailiffs have been into your property and were satisfied that you do not have any items that can be taken. In that letter you should outline a payment arrangement (£30 per month if that is affordable to you). If the offer is rejected, the warrant should be returned back to the court and notes regarding your payment proposal will be recorded.

 

I would not bother calling Collectica as they will merely tell you to speak with the bailiff. Much better that you email the company.

 

I told the bailiff myself he could take the lot, I know it wouldn't make anywhere near £500 myself, most of its over 5/6 years old, from a charity shop or the cheapest you can get. I'm guessing he was just trying to scare me into paying.

I will email them now.

Thanks so much for your help.

[Bailiff Advice]

I may be able to afford more than £30 (I don't think I can) but I need to sit down and work things out. I have 2 secondary school aged kids who started in september. Since they've started its been letters home for trips, school equipment, school fund etc nearly every week.

When you say the payment is made for over 3 month do you mean as in a payment plan is made over 3 months? as mine was one payment then a payment every week for the few weeks after.

 

Personally, I would stick to £30 per week (which is £120 per month). That is a very reasonable payment proposal. Forgot about the earlier conversation. Since that time, a visit has been made and the bailiffs failed to take an inventory of goods (because you do not have sufficient non exempt items that can be taken).

 

The £110 fee may only be charged when a bailiff attend to remove goods. As I have said a few times now, the bailiff failed to take an inventory or make a Controlled Goods Agreement. Accordingly, the fee of £110 cannot be charged if he makes another visit.

[Bailiff Advice]

The reason why the bailiff did not make an inventory was because he would have known that almost all the items in your home are exempt from being taken.

 

Bailiffs are expressly prohibited from taking any of the following items:

 

http://www.legislation.gov.uk/uksi/2013/1894/part/1/crossheading/exempt-goods/made?view=plain

[brassnecked]

G ood advice from BA, that bailiff is clutching at straws to try to get you to pay what he wants, No CGA, no £110, so follow BA and it should all pan out OK.

[Snf0113]

Yep, just read that, he was definitely trying to scare me into paying, the first thing he said he could take was the dining table, its only a little round table small enough to fit 3 comfortably but meant as a 4, and everything in my kitchen, which is all listed.

So glad I posted in this forum now.

 

So amazing, I can't actually find an email address for Collectica (Surprise Surprise) just an enquiry form on their website. Shall I fill that out and take a picture as evidence? Obviously I can't prove I've sent it once its been sent though.

 

I have emailed now. Waiting a reply.

Thanks so much to BA for the advice. Sorry you had to repeat yourself more than once. Have a good day

[AndyOrch]

So amazing, I can't actually find an email address for Collectica (Surprise Surprise) just an enquiry form on their website. Shall I fill that out and take a picture as evidence? Obviously I can't prove I've sent it once its been sent though.

 

You can...you will have a copy in your sent folder of your email account

 

Andy

[Snf0113]

You can...you will have a copy in your sent folder of your email account

 

Andy

 

Lol I will have an email address once they reply to my enquiry. If they reply

[ploddertom]

Collectica are owned by Marstons, you could therefore use [email protected] making plain your email is about Collectica + use ref numbers. Explain your circumstances.

[Snf0113]

Hi just a quick update and another question.

I emailed collectica and the Marston group like BA advised, I actually emailed a few times and they finally got back to me yesterday saying as my account was with bailiffs I I had to call the person who it was with. Should I call them? Ive been paying £30 a week like I said I would in my email and haven't missed a payment but what do I do if the bailiffs do come back?

[unclebulgaria67]

Give them a call to make them aware there is already a payment arrangement in place which you are sticking to and you are concerned that they are still acting when it is not necessary.

[Snf0113]

Hi just an update, just had bailiff back at my door again asking for the £511. Explained the situation, I'm paying £30 a week (I'm actually struggling and leaving myself skint to pay £30 a week) but according to him collectica have rejected this offer yet they haven't bothered to inform me of this in any of the many phone calls or emails I have sent to them. I'm not gonna lie, I have missed a few payments (I have paid well over £100 of it) but I'm a single parent and have had to pay out other things. Now I have to pay £60 a week. He just informed me this case wouldn't be going back to court and if I don't pay it he'll be back to collect goods. I cannot afford £60 a week. There is no way.

[brassnecked]

What goods? there aren't sufficient there to take, and most will be exempt

[Snf0113]

I did mention that, He said he'd seen enough he could take, listed the things he mentioned last time that I know are exempt and seemed to be slightly annoyed that the brand new laminate flooring I had propped up against my wall last time he visited was now on the floor (I've had it for over a year, it had to be put down sometime as it was in the way). He also asked if there was anyone that I could call to pay the £511 even after he acknowledged I had been paying so thought maybe he was trying to get money from me. I'm in no doubt he would have taken the full £511 today if I had offered it to him. I just wanted to check that there's no way he could come back to take my stuff. There's no way I could still recover it and still pay the debt!