Collectica magistrates court fine- advice needed please

[keepcalm80]

Hi all.

I am new to the forum and would really appreciate any advice and feel a bit unsure asking as I have never done this before. Sorry if it is long winded.

 

I had an unpaid magistrates fine of £370 passed to Collectica.

I received a letter by post from them stating I must pay £675 in full or contact them to arrange a payment plan.

 

Nobody has ever attended my property or hand delivered anything.

I called Collectica and they accepted that I could pay £337.50 (half the amount) in 7 days time and then 5 further weekly payments of £67.50. This was an awful lot to me but I agreed.

 

I paid the £337.50 by debit card the following week ( it was a Thursday) as agreed.

Then I paid my first payment of £67.50 the next Thursday as agreed again by debit card.

 

The following Wednesday I noticed when on my online bank that my payment was still showing as pending which it doesn't usually do for that long.

 

I called my bank and they said that the person or company receiving the payment had not claim it and to give them a call.

 

I rang Collectica immediately and told them and the lady I spoke to said she was unsure why this had happened and the amount would go back in to my bank account and she would place my account on hold till the following Monday and I could ring back up and re make the payment.

 

I advised her that my 2nd payment would be due tomorrow and that I was more than happy to make both payments whilst on the phone and I would just wait for the returned amount to go back in to my account. She said this was not necessary and to call back on Monday.

 

That following week my son who is severely autistic and has learning difficulties started having seizures which we were in and out of hospital for and it was a very worrying and stressful week in which I completely forgot to call Collectica and I hold my hands up this and am not saying it is right or trying to make excuses, I was just extremely worried about my son

 

I called Collectica yesterday and explained this to them and also made a payment of £250 by debit card which was every penny I had and left an amount of £87.50 which I said I was able to pay in 6 days time (5 days as of today).

 

I was advised that my account had been passed to enforcement and that if they came before I paid the £87.50 I would incur further charges. This is the part that has me worried.

 

I have paid so much to them already and actually owe less than I would have had the problem with them not claiming the payment I made happened and had still been paying the instructed weekly amount.

 

I only owe such a small amount and I have never once refused to pay or disputed any of it and I'm just so worried that they are going to turn up before Monday when I pay the £87.50 and I'm going to end up owing so much more.

 

I don't know if there is anything I can do I am just sitting here expecting the knock on the door and was just looking for any advice and understand if there is none to give.

Thank you for taking the time to read and in advance of any advice offered.

[Bailiff Advice]

I would suggest that you call Collectica and explain to them, that you are anxious to ensure that their computer system does record the agreement that you believe should be in place for your final payment to be made next Monday (of £87.50).

 

If you encounter any problems, please post back.

[Whitely]

If you'd had no visits then the fees would only be £75, making the amount to be paid £445. Why are collectica demanding £675? Have you asked them for a breakdown of those fees?

[keepcalm80]

Hi Bailiff Advice, thank you very much for replying.

 

I don't think there will be much point in calling them.

I paid them £250 yesterday

however they wanted the full £337.50 which I simply did not have

said I could pay the remaining £87.50 by Monday,

 

said I was no longer in a payment plan and it had been passed to enforcement as I did not ring them

which I explained about my son and said I was not using it as an excuse and was not looking to get out of paying

just that I simply could not afford the remaing £87.50 until Monday

 

she advised me to try borrow it as I would incur fees if they turned up before Monday?

[Bailiff Advice]

You had a court fine for £337 but the letter from Collectica required you to pay £675. The statutory notice that you should have received would be called a Notice of Enforcement and a compliance fee of £75 should have been added making a total amount due of £412.

 

If a visit had been made (which you say has not been the case) then a further fee of £235 can be charged. If so, the amount would have increased to £647. Somewhere along the line the figures don't add up. Can you clarify the position as it would seem that a visit has been made.

[keepcalm80]

Hello Whitely, thank you very much for replying. I'm not sure,

 

I have no idea about what fees are charged to be honest so I did not even question it. I just read their letter, panicked and got straight on the phone to them and agreed to the payment plan they offered (even though I knew it would it be a struggle but I just wanted it sorted and paid)

 

Do you think I should ring and ask for a breakdown of the fees? I don't want to aggravate the situation in any way if possible before Monday, I think I'm just hoping and praying nobody turns up before then,

I can pay the remaining small amount and be done with it.

 

I just really, really in all of this do not want anyone to turn up as my son would find it extremely upsetting and I do not want to put him through that.

[Whitely]

Yes - at the moment it looks like Collectica are adding too much.

Ask them the give a full breakdown.

[Bailiff Advice]

Hello Whitely, thank you very much for replying. I'm not sure, I have no idea about what fees are charged to be honest so I did not even question it. I just read their letter, panicked and got straight on the phone to them and agreed to the payment plan they offered (even though I knew it would it be a struggle but I just wanted it sorted and paid) Do you think I should ring and ask for a breakdown of the fees? I don't want to aggravate the situation in any way if possible before Monday, I think I'm just hoping and praying nobody turns up before then, I can pay the remaining small amount and be done with it. I just really, really in all of this do not want anyone to turn up as my son would find it extremely upsetting and I do not want to put him through that.

 

If the letter that you received from Collectica was the Notice of Enforcement (which I what I assumed that it was), it should have had a Compliance fee of £75 added. Do you still have a copy of the letter? If so, can you check the figures and post back.

[keepcalm80]

The court fine was £370 not £337,

as far as I know I have not received a visit at all,

 

I have had a letter delivered by Royal mail, not hand delivered

I rang them up upon getting this letter and the agreed to a payment plan.

 

I am assuming (as I don't know much about how they work) that if I had been visited and charged the £235 attendance fee before speaking to collectica over the phone to arrange the payment plan when I received their letter through the post

then I don't think they would have been so willing to set the payment plan up?

 

I will check to see if I still have the letter,

the last letter I had was a confirmation of the payment plan I had agreed over the phone.

 

Hopefully I can find it and work out what the fees are or else I'm going to have to ring them for a breakdown

 

I'm just so scared they might take the hump with this and the enforcement agent will show up before Monday because of this.

 

I'm probably being paranoid but I'd rather be that way than just act like nothing is wrong.

[Bailiff Advice]

My mistake with the £337.

I do apologise.

 

 

Could you have a look at the letter and post back with the precise amounts.

Are you sure that the letter is entitled: Notice of Enforcement?

 

PS: I am not around for the next few hours so will check back later.

[Peterbard]

The court fine was £370 not £337, as far as I know I have not received a visit at all, I have had a letter delivered by Royal mail, not hand delivered and I rang them up upon getting this letter and the agreed to a payment plan. I am assuming (as I don't know much about how they work) that if I had been visited and charged the £235 attendance fee before speaking to collectica over the phone to arrange the payment plan when I received their letter through the post then I don't think they would have been so willing to set the payment plan up?

 

HI

Sorry to hear about your problems, if i may ask why do you think the above(highlighted) may be significant ?

[keepcalm80]

Thank very much Bailiff Advice, much appreciated, I will hunt for the letter hopefully I can find it.

[keepcalm80]

Hi dodgeball, thanks for replying.

 

In answer, I'm not entirely sure why I think that is significant,

I have no idea how these things work and I just made the assumption in my own mind that if I had been visited without knowing i.e. I was not in at the time, then there would have been some sort of hand delivered correspondence

 

I now assume that this might not be the case as you are asking me why I think that it is significant,

I think what I meant was I have only ever been contacted by Collectica through a letter that was sent through Royal Mail giving me 7 days to pay the amount or arrange a payment plan which I did do,

 

I have never answered the door to anyone from their company or any enforcement agent and was under the impression that they would leave something to say they had been.

 

thank you for making me laugh (which I can assure I have not done in a while) as I've just had a good chuckle to myself that you must be thinking "what is this fruitcake talking about".

[Whitely]

You're quite correct.

A letter delivered by post would be a notice of enforcement, not a notice of a visit.

 

 

Can you give us some timescale

- what date was on the letter,

what date did you receive it,

what date did you set up the payment plan.

[Peterbard]

No problem.

So you say the letter gave you"seven days to pay".

In that case it was definitely the notice of enforcement, and would have meant you had incurred the initial compliance fee of £75.

 

You seem to have worked out the rest of the procedure, in that the enforcement visit would necessitated the leaving of a notice if you were out.

 

They cannot make the enforcment fee charge until this visit is made.