Collectica

[Barney394]

Re: Collectica
Hi this is my first post, Can anyone help me. My mum recently has had post to her house on 2 occasions for somebody who doesn't live there, so without opening the letters sent them back return to sender. Last week she had banging at the door at 7.30am. Scaring my parents into answering the door, they said he were from the council and that there was an unpaid debt in the name of the person on the letter. Letting him in explaining that the person they are after don't live there and never has, he didn't believe them. All the time acting shifty and said he was waiting for a colleague to turn up. Council man 2 arrived and made my father get out his driving license to prove he was not who they were after. They left and sat up the street most of the day. Today they have had a letter hand posted saying pay in 7 days or we are taking possessions.


At this point I find all this out and do a search into collectica on google to which I'm horrified to read that these so called council men were probably bailiffs who have now had access to the house and will probably be forcing entry this week.


needless to say it is making my parents ill with worry and I have not even told them anything I have read on google. Can anyone help it seems bizarre that someone can give a false address and it get this far before realising the information they have is wrong.

[bluebottle]

Re: Collectica

First and foremost, Barney, this matter needs to be reported to the police without delay. These two goons have used deceit in order to gain entry to your parents home by claiming to be council employees when, in fact, they are certificated bailiffs. They cannot re-enter, no matter what they may claim, because the debtor they are seeking does not reside at your parents address and by using deceit to gain entry, any levy they tried to gain would be both invalid and illegal. If they tried to remove goods, they would be committing a criminal offence, namely, Burglary, as they would be there as trespassers and would not be entitled to remove goods not belonging to the actual debtor. Making an unwarranted demand and at the time of doing using menaces (threats) to enforce the demand is also a criminal offence - Blackmail - but it is a far more serious offence than Burglary.

Secondly, your parents need to find out from Collectica who they are acting for, contact the creditor and ask them what the hell is going on.

Thirdly, your parents should keep all doors and window closed and locked so these goons cannot let themselves in. Also, they should not open the door to the goons.

Fourthly, one thing that certificated bailiffs engage in is data cleansing of warrants, Liability Orders and other court documents. This practice is a breach of Data Protection laws and, in certain circumstances, a criminal offence, punishable by imprisonment.

Collectica has a contract with H.M. Courts & Tribunals Service (HMCTS) to collect unpaid magistrates courts fines and their contract is up for renegotiation next month. Due to the nature of what these goons have done, as soon as I can get into my email account - it is currently proving difficult to access - I shall bring the matter to the attention of a contact I have at HMCTS Enforcement Operations. I cannot honestly see HMCTS being too happy about this sort of behaviour.

Keep us informed as to development, please.

[Barney394]

Re: Collectica

Many thanks for your advice Bluebell I will act on it straight away to try sort this mess out and I will keep you updated.

[bluebottle]

Re: Collectica

Many thanks for your advice Bluebell I will act on it straight away to try sort this mess out and I will keep you updated.

Someone needs to go to Specsavers. Lol!

[Inca]

Re: Collectica

Awwwww BB..BlueBELL suits you too msl:

[CleverClogs]

Re: Collectica

Awwwww BB..BlueBELL suits you too msl:

Yes, it does suit her - it matches her fairy avatar. :rofl:

[CleverClogs]

Re: Collectica

My mum recently has had post to her house on 2 occasions for somebody who doesn't live there, so without opening the letters sent them back return to sender. Last week she had banging at the door at 7.30am. Scaring my parents into answering the door, they said he were from the council and that there was an unpaid debt in the name of the person on the letter.

Have you contacted the council about those two liars?

Letting him in explaining that the person they are after don't live there and never has, he didn't believe them. All the time acting shifty and said he was waiting for a colleague to turn up. Council man 2 arrived and made my father get out his driving license to prove he was not who they were after.

What identification - if any - did those liars offer?

They left and sat up the street most of the day. Today they have had a letter hand posted saying pay in 7 days or we are taking possessions.

They cannot do so lawfully, as no lawful seizure of goods took place.

Can anyone help it seems bizarre that someone can give a false address and it get this far before realising the information they have is wrong.

It is simply that those goons are utterly stupid or just don't care who they terrorise, as long as they get the money and their doubtlessly inflated and extortionate "fees". If they had even an atom of sense between them, they would have checked the electoral roll...

That's if they really were bailiffs rather than distraction burglars pretending to be bailiffs. Their having sat in their vehicle further along the street seems grounds to suspect who they are, for it is not even remotely credible that genuine bailiffs would have only one call to make that day.

Is any money or are any goods (jewellery, watches, camera, house keys, car keys) already missing?

[bluebottle]

Re: Collectica

Burglary Artifice (Distraction Burglary) is something that has crossed my mind, CC. A bailiff who uses deceit in order to gain entry for the purposes of obtaining a levy commits this offence, even though the bailiff may have a distress warrant or LO. The debtor must give consent to entry freely and not under duress, coercion, use of force, threat of force or as the result of deceit on the part of the bailiff. Any levy obtained as the result of entry gained under duress, coercion, use of force, threat of force or deceit would, IMO, be invalid and unenforceable. It would also mean any attempt to gain re-entry, including forcible re-entry, would be illegal. It is futile for a bailiff to claim a debtor has allowed them peaceable entry if they have used duress, coercion, threat of force or deceit in order to gain entry.

These two Richard Heads are skating on very thin ice, indeed, in the legal sense. The OP's parents will need to contact the local authority first thing on Monday morning and find out what is going on and put the local authority in the picture. But it is the police that need to be informed first. That is a No.1 priority. The fact that one of them was on his own when he uttered the statement he was from the council may make it difficult for him to deny he said this, especially if he said it in the presence and hearing of both the OP's parents.

I will be bringing this matter to the attention of HMCTS, especially as Collectica have a contract with them.

[CleverClogs]

Re: Collectica

Any updates?

[bluebottle]

Re: Collectica

Not yet. Some scrote has hacked my email account. I'm trying to make alternative arrangements to inform HMCTS.

Two separate incidents involving Excel bailiffs have been brought to the attention of HMCTS, but involved debts other than magistrates courts fines. However, that does not prevent HMCTS taking them into account if and when Excel re-tender for the contract to collect court fines.