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Hi
I have recently had an issue with a company called Collectica and Martson Holdings.
This relates to a Magistrates Court fine I had received for speeding, of which I paid about half of the fine but then it went into default. I'm not disputing any of that.
The bailiffs called (I asked if they were bailiffs or debt collectors and his reply was "we are enforcement officers!" - helpful!?) and demanded I pay the remainder plus their fees. Fair enough. I paid it all and they left.
What has incensed me is that I don't think they followed procedure and have certainly not followed procedure since I complained to them. So I just feel they are riding rough-shot of the law and I want to challenge that.
My point of complaint to them is due to the fact that I never received a "Notice of Enforcement". There may be an argument that they don't need to prove I received it, just prove they sent it, or in fact they have a copy of one. I asked the "bailiff" about the "Notice of Enforcement" and he replied by saying they didn't need one as this became a debt enforceable by the initial court order for the fine. All a bit confusing for me and I'm sure the bailiffs use these terms to confuse us laymen!
So, after all of this has settled, I complained online to Collectica (they say its better to complain online!) about their lack of procedure and that I wanted to claim back the fees they had applied to the debt. According to their website, a complaint is acknowledged 3 days after submission (quite why their online systems cannot acknowledge the submission almost immediately is perhaps some delaying tactic?) and a full response given after 10 days. I am now 7 (working) days after my online complaint and I've heard nothing. In fact, I doubt I will hear anything from them and they have the convenience of saying they never received a complaint (and I have no proof of submitting one!).
Reading further about their complaints procedure, I can escalate to an "independent" review assessed by one of their "Complaints and Welfare Managers" (not quite independent!!). The last stage of the complaint is to get an independent panel to review the "activity" of Marston Holdings and/or then a review by a trade association (Civil Enforcement Association or High Court Enforcement Officers Association). These last two bodies don't seem to be that independent to me either??
So the crux of my question is, are these debt collection agencies governed properly by say the FCA?
I have read that I can complain about this to Financial Ombudsman Service but I suppose that is after I have exhausted my complaint through their "formal" procedure?
Do any of these bodies have powers over Collectica or Marston Holdings?
Any other advice would be appreciated.
I have recently had an issue with a company called Collectica and Martson Holdings.
This relates to a Magistrates Court fine I had received for speeding, of which I paid about half of the fine but then it went into default. I'm not disputing any of that.
The bailiffs called (I asked if they were bailiffs or debt collectors and his reply was "we are enforcement officers!" - helpful!?) and demanded I pay the remainder plus their fees. Fair enough. I paid it all and they left.
What has incensed me is that I don't think they followed procedure and have certainly not followed procedure since I complained to them. So I just feel they are riding rough-shot of the law and I want to challenge that.
My point of complaint to them is due to the fact that I never received a "Notice of Enforcement". There may be an argument that they don't need to prove I received it, just prove they sent it, or in fact they have a copy of one. I asked the "bailiff" about the "Notice of Enforcement" and he replied by saying they didn't need one as this became a debt enforceable by the initial court order for the fine. All a bit confusing for me and I'm sure the bailiffs use these terms to confuse us laymen!
So, after all of this has settled, I complained online to Collectica (they say its better to complain online!) about their lack of procedure and that I wanted to claim back the fees they had applied to the debt. According to their website, a complaint is acknowledged 3 days after submission (quite why their online systems cannot acknowledge the submission almost immediately is perhaps some delaying tactic?) and a full response given after 10 days. I am now 7 (working) days after my online complaint and I've heard nothing. In fact, I doubt I will hear anything from them and they have the convenience of saying they never received a complaint (and I have no proof of submitting one!).
Reading further about their complaints procedure, I can escalate to an "independent" review assessed by one of their "Complaints and Welfare Managers" (not quite independent!!). The last stage of the complaint is to get an independent panel to review the "activity" of Marston Holdings and/or then a review by a trade association (Civil Enforcement Association or High Court Enforcement Officers Association). These last two bodies don't seem to be that independent to me either??
So the crux of my question is, are these debt collection agencies governed properly by say the FCA?
I have read that I can complain about this to Financial Ombudsman Service but I suppose that is after I have exhausted my complaint through their "formal" procedure?
Do any of these bodies have powers over Collectica or Marston Holdings?
Any other advice would be appreciated.
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