Collectica enforcement

[shauntra]

had a court fine of 352 which was paid on-line through the on-line system with the court in which the HM courts & tribunals service replied back with a letter saying the payment had been passed onto collectica and now they are chasing for there fees of 75.00 and 235.00 can anyone help with this

[Indebt]

Re: Collectica enforcement

We need dates

You should have received a notice of enforcement from Collectica, giving you 7 clear days in which to contact them. If you made payment to the court after this notice, you are going to have problems.

Did Collectica visit you?

[shauntra]

Re: Collectica enforcement

i paid the court on the 12-9-2016 the letter sent by collectica notice of enforcement dated the 12-09-2016 so would of recived the letter 1 or 2 days later
yes have had 2 visiting 1 on the 29-9-2016 and posted through the door final notice for the sum of 310 which if there 2 fees but not the court fine fee and today when i was at home when he just posted a card through the door without knocking

[Indebt]

Re: Collectica enforcement

I think that you are going to have problems here.

The £75 becomes payable from the point when the account was passed to Collectica, which will have been before you made payment. Did you respond to the notice of enforcement? If not, I'm really sorry but the best advice I can give to you is to contact the bailiff and try to sort the matter out. You are going to have to take the £310 on the chin I'm afraid.

[shauntra]

Re: Collectica enforcement

The only way is pay the original fine online via gov.UK. That takes the power of the warrant out of the loop.

There is no enforcement power in respect of the fees.

There are no bailiffs fees payable when a bailiff recovers an unpaid magistrates court fine. This is because Parliament has never approved any legislation that sets a statutory fee schedule for bailiff companies when they distress on goods, or recover an unpaid magistrates' court fine

The Schedule of the Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 creates statutory fee schedules for each debt stream from table 1 of the Schedule in The Taking Control of Goods (Fees) Regulations 2014 . However paragraph 1 of the schedule, magistrates court fines, has not implemented the statutory fee schedule for the recovery of unpaid magistrates' court fines.

The court service is not a court and cannot create a fee liability without Parliamentary approval, and none has been provided.

The law - Paragraph 58 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, says when the debtor pays the sum while goods are controlled (or clamped) then no further enforcement steps can be taken. Also, paragraph 31 of the Taking Control of Goods: National Standards 2014 says when enforcement action has ceased, the bailiff cannot enforce the recovery of fees.

so this is not correct?