Help with Collectica Bailiff

[davehill1974]

Hi Guys,

Please can somebody help me? I had a court fine for speeding. I thought that I had paid it off and it turns out that £5 is outstanding (which I will pay off later today) However, I have received texts from a Collectica Bailiff saying that he will be at my property at 7am with the Police and a Locksmith to break in and remove goods. Once I have paid this fine later and there is nothing outstanding can this be done?

His texts I believe have been pushing his luck on what's legal and what is not I think. Also, when he visited on Wednesday he pushed a letter through the door without being in an envelope. I always thought that this was a bad action as it breaches data protection and confidentiallity. Is this the case? How would I complain about that too?

Thanks in advance

Dave

[labman]

Re: Help with Collectica Bailiff

Sadly what you are describing is typical bailiff bullying. Rest assured that once everything is paid, they cannot force entry. I think they would be in massive trouble if they even tried for the sake of a £5 debt to be honest, so please don't worry. :beagle:

[davehill1974]

Re: Help with Collectica Bailiff

Hi there,

Thankyou for your reply as much as I was sure that was the case I wanted some re-assurance!!

Dave

[outlawlgo]

Re: Help with Collectica Bailiff

....Also, when he visited on Wednesday he pushed a letter through the door without being in an envelope. I always thought that this was a bad action as it breaches data protection and confidentiallity. Is this the case? How would I complain about that too?

Thanks in advance

Dave

I would think this is a breach of the Data Protection Act and contravenes The National Standards for Enforcement Agents requirements. Leaving paperwork of a sensitive nature in the way the bailiff has done is potentially revealing the nature of the visit to anyone in the property.

The following are probably what you need to be looking at:

Data Protection Act 1998, references:

1) A breach of the seventh data protection principle in Part I of Schedule 1

2) Sensitive personal data under section 2 of the Act (h)

3) Section 4(4) of the Act provides that, subject to section 27(1) of the Act, it is the duty of a data controller to comply with the data protection principles in relation to all personal data in respect of which it is a data controller.

The National Standards for Enforcement Agents require that;

“Enforcement agents should, so far as it is practical, avoid disclosing the purpose of their visit to anyone other than the debtor. Where the debtor is not seen, the relevant documents must be left at the address in a sealed envelope addressed to the debtor.

You can make a complaint to the Information Commissioner’s Office (ICO) but don’t expect a speedy response, if one at all. In my experience they're not much cop and inform you months later that they won't take formal action against the company. They will of course tell you that your complaint will go on file in case enough similar complaints are received to trigger an investigation.

[davehill1974]

Re: Help with Collectica Bailiff

Hi Outlawlgo,

Thank you for the information I shall look into it all. I may as well complain anyway you never know maybe they will get enough copmplaints one day.
I don't know how they get away with it! I know that if the roles were reversed it would be a different story

Cheers Dave

[outlawlgo]

Re: Help with Collectica Bailiff

Unless the complaint procedure has changed, this is the complaint form....The Data Protection Act 1998 Complaint form

[outlawlgo]

Re: Help with Collectica Bailiff

Just taken a look at the ICO's website and seems like there's more recent complaint forms.

[bizzybob]

Re: Help with Collectica Bailiff

Beware, Collectica may start looking for around £300 in fees, did you get a Further Steps Notice about these arrears? They arte daft and greedy enough to increase a fiver to £300

[labman]

Re: Help with Collectica Bailiff

Beware, Collectica may start looking for around £300 in fees, did you get a Further Steps Notice about these arrears? They arte daft and greedy enough to increase a fiver to £300

Oh yes - get the fiver paid asap. :beagle:

[davehill1974]

Re: Help with Collectica Bailiff

Hi Guys,

Yes I have paid the fiver. I paid it yesterday as soon as I got home. Alas there was a visit letter through the door again and the fees owed are infact £300 now

I guess my next argument is the fees now. I heard somewhere that there is no legal requirement to pay stupidly high fees or even any Bailiff fees. Is this correct? Surely it cannot be as easy as saying... "No sorry I've paid go away"?

I did get a further steps notice yes. Unfortunately this goes back a little while now and I thought that I had paid it all. But as I found out yesterday I had a pesky fiver still outstanding.

For anyone that is interested he never did turn up at 7am this morning. Shame because I was making Bacon sandwhiches!

Thanks

[ploddertom]

Re: Help with Collectica Bailiff

For anyone that is interested he never did turn up at 7am this morning. Shame because I was making Bacon sandwhiches! Got any left?

Thanks

I think I would be having a row with the Court as the fees are disproportionate to the debt outstanding.

[davehill1974]

Re: Help with Collectica Bailiff

I think I would be having a row with the Court as the fees are disproportionate to the debt outstanding.

I will ask the question. However, I have read a very interesting thread that would suggest that the fees are legal.

A phone call on Monday will see what I decide to do. I shall lett you know....


Nope all the butties went

[labman]

Re: Help with Collectica Bailiff

I provided you with the content of the read, but given we're talking about £5, I'd also be trying to get the fees waived. I'm not saying they're unlawful, as the argument is pretty much slef explanatory; however, the money has been paid, and perhaps a token payment (if any) could be agreed. You're better arguing this with the court than with the bailiffs though - we had a case a month or so ago which was similar, and the fees were eventually waived.

At least now you are speaking from an informed position which is always a good thing.

[labman]

Re: Help with Collectica Bailiff

Hi Guys,

Yes I have paid the fiver. I paid it yesterday as soon as I got home. Alas there was a visit letter through the door again and the fees owed are infact £300 now

Had you cleared the fees BEFORE the visit? If so, in my opinion you should not be liable for the £215 Attendance Fee. The £85 Admin fee is payable as soon as they contact you, but over such a small amount, I would still try to argue the toss. :beagle:

[davehill1974]

Re: Help with Collectica Bailiff

Hi Labman,

Unfortunately fees were applied before I paid the balance. I will call the courts first thing on Monday and plea to see what, if anything can be done.

Thanks everyone so much for your help.

Dave