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Hi
I'll try to keep this as short as possible.
My daughter is a single parent who currently rely's on benefits for income.
I'm not sure of exact dates, but about 18 months ago, her car broke down a few metres away from her house. At the time she was working night shift in a care home and needed a car for work. Her brother was buying a new car and gave my daughter his old car so she could get to work. She declared her broken down car as off the road under SORN and transferred her insurance etc to the car her brother had given her. Her broken down car was on a public road (a cul de sac with no parking restrictions) and she had tried to push it on to her driveway a few metres away, but was unable to do so as without risking damage to her neighbours cars, so she left it until she could get some money together to get it moved. The change over of the car insurance (admin fees) took all of her disposable income for that month.
She returned home one day and found her car had gone. Her immediate response was to call the police, who suggested she contact DVLA. She rang them and they told her her car had been towed away and she'd need to pay to get it back. As she had no money, it was agreed with DVLA that she wouldn't collect the car and nothing would be payable. She filled in the appropriate form and whilst disappointed she'd lost her car, she thought that was the end of it.
Fast forward to earlier this year. I received a letter from debt collectors to my address ( Addressed to my daughter but to my address, not her's). Apparently she had been taken to caught and fined. Neither of us can provide any details as we still don't fully understand what this was for. My daughter was not aware anything was going to court, and not aware of any judgement. My daughter rang the debt collectors and told them she thought nothing was outstanding based on what she's been told by the DVLA. Today she has received another letter (again addressed to my address) from Collectica, threatening enforcement and adding on extra fees. The bill is now several hundred pound more than the court judgement. She immediately rang Collectica, who were not interested in arranging a manageable payment. She was in tears when bullied into agreeing a payment she couldn't afford and told them she couldn't afford.
Today I've made official complaints.
To the courts:
1) No notification of court proceedings was given. No opportunity to put case.
2) No notification of judgement was given by the court. No opportunity to challenge or settle the judgement as not aware of its existence.
3) Additional charges added by debt collectors should not be payable as no opportunity was given to pay the original judgement
4) Debt collectors continuing to send correspondence to my address, causing distress to myself, despite being advised previously of my daughters correct address.
To Collectica
1) Sending letters threatening enforcement to my address, despite being advised of the correct address.
2) Bullying tactics to demand payments from people who clearly do not have the means to pay the amounts demanded and unreasonable refusal to negotiate manageable payments. My daughter was in tears as they wouldn't except any less than £200 per month out of her £600 a month income to support 3 people. This will mean she can't pay her rent or council tax and will end up in even more difficulties.
Neither me or my daughter know who brought this case we don't have anyone else to contact, and I find it particularly annoying that it could have all been avoided if whoever reported her car parked had simply knocked on her door and offered to help move it a few metres.
Could someone offer advise please of what we should do next.
Thanks
I'll try to keep this as short as possible.
My daughter is a single parent who currently rely's on benefits for income.
I'm not sure of exact dates, but about 18 months ago, her car broke down a few metres away from her house. At the time she was working night shift in a care home and needed a car for work. Her brother was buying a new car and gave my daughter his old car so she could get to work. She declared her broken down car as off the road under SORN and transferred her insurance etc to the car her brother had given her. Her broken down car was on a public road (a cul de sac with no parking restrictions) and she had tried to push it on to her driveway a few metres away, but was unable to do so as without risking damage to her neighbours cars, so she left it until she could get some money together to get it moved. The change over of the car insurance (admin fees) took all of her disposable income for that month.
She returned home one day and found her car had gone. Her immediate response was to call the police, who suggested she contact DVLA. She rang them and they told her her car had been towed away and she'd need to pay to get it back. As she had no money, it was agreed with DVLA that she wouldn't collect the car and nothing would be payable. She filled in the appropriate form and whilst disappointed she'd lost her car, she thought that was the end of it.
Fast forward to earlier this year. I received a letter from debt collectors to my address ( Addressed to my daughter but to my address, not her's). Apparently she had been taken to caught and fined. Neither of us can provide any details as we still don't fully understand what this was for. My daughter was not aware anything was going to court, and not aware of any judgement. My daughter rang the debt collectors and told them she thought nothing was outstanding based on what she's been told by the DVLA. Today she has received another letter (again addressed to my address) from Collectica, threatening enforcement and adding on extra fees. The bill is now several hundred pound more than the court judgement. She immediately rang Collectica, who were not interested in arranging a manageable payment. She was in tears when bullied into agreeing a payment she couldn't afford and told them she couldn't afford.
Today I've made official complaints.
To the courts:
1) No notification of court proceedings was given. No opportunity to put case.
2) No notification of judgement was given by the court. No opportunity to challenge or settle the judgement as not aware of its existence.
3) Additional charges added by debt collectors should not be payable as no opportunity was given to pay the original judgement
4) Debt collectors continuing to send correspondence to my address, causing distress to myself, despite being advised previously of my daughters correct address.
To Collectica
1) Sending letters threatening enforcement to my address, despite being advised of the correct address.
2) Bullying tactics to demand payments from people who clearly do not have the means to pay the amounts demanded and unreasonable refusal to negotiate manageable payments. My daughter was in tears as they wouldn't except any less than £200 per month out of her £600 a month income to support 3 people. This will mean she can't pay her rent or council tax and will end up in even more difficulties.
Neither me or my daughter know who brought this case we don't have anyone else to contact, and I find it particularly annoying that it could have all been avoided if whoever reported her car parked had simply knocked on her door and offered to help move it a few metres.
Could someone offer advise please of what we should do next.
Thanks
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