Notice of Distress warrant.

[Keiran]

Good afternoon all.

I'm hoping for some advice on a matter related to a Distress warrant received. I've read through many posts, but I'm having problems applying what I've learned to my particular situation.

I am in receipt of a "Notice of distress warrant" letter from a company named Collectica enforcement services. This is in relation to a West Mercia Magistrates court fine which remains unpaid.

Now, when the fine was issued (Motoring offence) I had lost my job, and was not in a position to pay. At the time I was also NOT claiming benefits. Like many, I tried to ignore the problem hoping it would go away, including going as far as to not turn up to court for the initial sentencing. It was a rough patch, I understand how stupid I had been.

Anyway, back on topic, after a month or so of unemployment, my savings dwindling. I swallowed my pride, and began claiming JSA. It's at this point I received notice that the Court would be deducting £5 per week from any benefit I was entitled to. It must have been clear that my none payment was because I literally couldn't pay. Not that I was avoiding paying.

Great I thought, a load off my mind.

I managed around Twelve weeks of "Signing on" before the whole process got to be too much for me. I decided this wasn't what I wanted to be doing and I stopped claiming benefits. It's at this point where things started to turn around for me, I had several Job interviews, were offered several positions, and now I'm happily employed with things moving forward again.

Now the matter of the fine completely left me.

My reminder to the fact that I had been fined was on January 18, when I received the "Notice of distress warrant" letter.

I stress that this is the first letter I had received in relation of the fine since the one informing me that payments would be taken from my benefits.

I have no idea what I should do. I think it's unfair that this has gotten this far without warning. From browsing information on the forum. I understand I should have received a "Further steps notice" and also notice of another court hearing in relation to my case. This has simply not happened.

I want to get this sorted as stress free as possible. The fine amount is too large for me to pay outright.

Where do I stand with regards to not receiving any information about the case until the Distress warrant. Do I need to write to anybody?

I know this post is more of a story, but there's so much information swimming around my head, and I'm so stressed about the situation I'm struggling to explain myself clearly. The fact that I moved back in with my parents last year makes this worse, as obviously I don't want them to be worried that baliff's are going to be knocking on their door.

Any help would be greatly appreciated. If more facts are needed. Please ask me.

Keiran.

[labman]

Re: Notice of Distress warrant.

There is a clear procedure for Magistates' Courts fines which is outlined below. The normal error is their failure to send out a Further Steps Notice. Have a read and come back with questions:

http://www.legalbeagles.info/forums/...s-Courts-Fines

[Keiran]

Re: Notice of Distress warrant.

Thanks for the reply Labman.

I had already read through that post. The problem I can see with that is surely it's just a "My word against" situation. What I mean is, I say I haven't received a letter. They say it was sent.

Firstly, under Stage 2 of the procedure above, you can see a ‘Further Steps Notice’ should be sent out after a missed payment. Many companies do not do this and pass the account straight to bailiffs. If you did not receive this, you should contact the court and ask them if this was sent; if not, why not, and if not please will they call off the enforcement agents until such time as they follow the correct procedure.

That only relates to them admitting a letter wasn't sent.

Where do I stand? Should I write to the court? Should I write to Collectica?

[labman]

Re: Notice of Distress warrant.

It's there in black and white lol:

Firstly, under Stage 2 of the procedure above, you can see a ‘Further Steps Notice’ should be sent out after a missed payment. Many companies do not do this and pass the account straight to bailiffs. If you did not receive this, you should contact the court and ask them if this was sent; if not, why not, and if not please will they call off the enforcement agents until such time as they follow the correct procedure.

So do as it says - contact the court!

[Inca]

Re: Notice of Distress warrant.

Is COLLECTICA the new name for PHILLIPS??

[labman]

Re: Notice of Distress warrant.

Is COLLECTICA the new name for PHILLIPS??

http://www.collectica.co.uk/

Company Details

Name & Registered Office: COLLECTICA LIMITED SERCO HOUSE 16 BARTLEY WOOD BUSINESS PARK BARTLEY WAY HOOK HAMPSHIRE RG27 9UY Company No. 03517395

Status: Active Date of Incorporation: 26/02/1998 Country of Origin: United Kingdom Company Type: Private Limited Company Nature of Business (SIC): 82990 - Other business support service activities not elsewhere classified Accounting Reference Date: 31/12 Last Accounts Made Up To: 31/12/2011 (FULL) Next Accounts Due: 30/09/2013 Last Return Made Up To: 30/09/2012 Next Return Due: 28/10/2013 Last Members List: 30/09/2012 Previous Names: 27/12/2012 PHILIPS COLLECTION SERVICES LIMITED UK Establishment Details There are no UK Establishments associated with this company.

[PlanB]

Re: Notice of Distress warrant.

I am in receipt of a "Notice of distress warrant" letter from a company named Collectica enforcement services. This is in relation to a West Mercia Magistrates court fine which remains unpaid. . . .

. . . . claiming JSA. It's at this point I received notice that the Court would be deducting £5 per week from any benefit I was entitled to.

. . . . I'm happily employed with things moving forward again.

I have no idea what I should do. . . I want to get this sorted as stress free as possible. The fine amount is too large for me to pay outright.

I moved back in with my parents last year makes this worse, as obviously I don't want them to be worried that baliff's are going to be knocking on their door.

You can approach this in two ways. You can go on the attack and accuse the court of getting the paperwork wrong and hope it's true and/or that they believe you. Even then I would expect that they will swiftly re-issue (or issue for the first time) the correct paperwork and you'll be back to square one.

Or you can approach them to make an arrangement to pay since they were happy to accept £5 per week before so they may be happy to accept payment by installments again and cancel the Distress Warrant. You're not disputing that you owe them the money you are simply asking for time to pay it off. You say you're in employment which will make it easier for the negotiations. Paying the first installment over the phone or setting up a direct debit will help them build confidence in you not disappearing off the radar again and will show your good intentions. But don't be panicked or pressurised into paying more than you can reasonably afford.

This Distress Warrant may have happened because you didn't update them or tell them anything when you stopped claiming JSA and the deductions stopped, and since they're not psychic they have jumped to the conclusion that you were avoiding paying and so they sent in the big guns.

Labman is right, call the court and see if you can sort this amicably because it won't go away.

You say you are now living with your parents and common sense says that a bailiff can't seize goods belonging to a third party so I'd like to think your parents' TV is safe. Sometimes couples (or mother/father/son/daughter) can prove that possessions belong to one not the other, then the bailiffs would be in big trouble if they tried to take anything that didn't belong to the person named on the Warrant :nono:

[labman]

Re: Notice of Distress warrant.

Indeed, the Stickies linked to have been scrutinised by some real bailiff experts to ensure their accuracy. It's always good to get another viewpoint though, thank you.

[ploddertom]

Re: Notice of Distress warrant.

I imagine the reason you did not receive the FSN is because you moved back in with your parents and all notices would go to the address you previously lived at if that is where you were when the offence occurred. Don't write to the Court, either ring them or visit in person. Explain very nicely what has happened and be prepared to apologise or grovel if necessary. They should allow youto set another arrangement up.

The fact you did not attend the original hearing probably also means you were fined the maximum as the Court would have had no means of knowing your circumstances at that time. May be worth an ask for another hearing.

[labman]

Re: Notice of Distress warrant.

The fact you did not attend the original hearing probably also means you were fined the maximum as the Court would have had no means of knowing your circumstances at that time. May be worth an ask for another hearing.

What are the chances of this being granted do you think? Are you talking about a formal appeal or an informal request?

I should know but I don't!

[ploddertom]

Re: Notice of Distress warrant.

What are the chances of this being granted do you think? Are you talking about a formal appeal or an informal request?

I should know but I don't!

To be honest I don't know if it would work or not, but if you don't ask, you don't get - can't do any harm.

[Keiran]

Re: Notice of Distress warrant.

Thanks all for the replies. It is appreciated.

I've Called the Court today, and although the lady I spoke with was perfectly pleasant, she said there wasn't anything she could do as it Had been passed on for collection. She did say she would make note that it was my parents house on the account.

what should my next steps be?

[labman]

Re: Notice of Distress warrant.

Thanks all for the replies. It is appreciated.

I've Called the Court today, and although the lady I spoke with was perfectly pleasant, she said there wasn't anything she could do as it Had been passed on for collection. She did say she would make note that it was my parents house on the account.

what should my next steps be?

What has been done about the Further Steps Notice?

[Keiran]

Re: Notice of Distress warrant.

What has been done about the Further Steps Notice?

I was told that the Warrant was the absolute final step they would take, after all other options were considered. Apparently the paperwork was sent out. I was clear in saying that the last I received was the letter relating to the benefits deductions. I don't believe the words "Further steps notice" were used in the conversation. Just that paperwork had been sent out. I explained the situation, and I stressed that I had every intention of paying, and that non-payment was never the issue. Again, she sympathised, but told me she was unable to do anything.

I find it hard to believe that there isn't a process in place for this kind of thing. I understand they must get tens of people a day claiming mail was never received, but in this case, it genuinely wasn't.

I find it odd I didn't receive anything though. It's not like we have an issue with missing mail in the area. It couldn't have gone to a previous address because the only other letter I received, the one about the deduction from benefits, was sent Home. Would there have been any other correspondence from them between the Further steps notice and where I find myself now? On the list that's been linked. It mentions another court hearing would be arranged. Should they not have sent mail in relation to that?

To be honest, I just want to pay, I don't even care about the Baliff fee at this time, as it's not astronomical. However as soon as they start knocking on doors and what have you it's just going to add £££'s isn't it?

[ploddertom]

Re: Notice of Distress warrant.

Thanks all for the replies. It is appreciated.

I've Called the Court today, and although the lady I spoke with was perfectly pleasant, she said there wasn't anything she could do as it Had been passed on for collection. She did say she would make note that it was my parents house on the account. Thereby admitting everything was sent to an old address. Did you speak to the Court Manager or Fines Officer or just who happened to answer?

what should my next steps be?

PTPT