Help with collectica baliffs

[kingies]

Hi there im a newbie and may be long at thisill try to cut it short.
About a month ago i was home alone and had aman banging down my door also trying my back gate i realised it was a baliff but not sure who and what for.Soi didnt answer the door and when he left he posted a REMOVAL NOTICE for a distress warrant for unpaid fine.The only one i can recall is an unpaid tv license which i wasnt aware of at the time.
Anyway 2 mornings ago at 05.55in the morning there was banging at the front door my dog was going crazy and someone was flashing a light at my window i was terrifed butmanaged to have a look andnotice it was the same guy from before.He then sat in his van lights on full beam for 10minutes(which seemed hours) then shoutedthrought the letter box answer the door or youll get charged!!..He then left but didnt leave a letter? No im at myitsendwhat to do im so scared i cant sleep

Any advice really helpfull

[bizzybob]

Re: Help with collectica baliffs

Do you have details of which court issued the fine, and did you know about it. By the way Collectica are the new revamped Phillips.

[kingies]

Re: Help with collectica baliffs

Do you have details of which court issued the fine, and did you know about it. By the way Collectica are the new revamped Phillips.

Hi yes i have just found an old letter it was Dudley magistrates so i rang the CFU Victoria Law Courts birmingham they said the debt is now with marstons i begged she would let me repay themselves but she said i couldnt?

[ploddertom]

Re: Help with collectica baliffs

Did you know about the fine? Did the Court send a Further Steps Notice to you before the Bailiff became involved - a legal requirement? Do you still live at the address where the alleged offence took place?

[kingies]

Re: Help with collectica baliffs

no i wasnt aware of the fine until 3 years later i had moved address and apparently it was issued before i moved but i have no recollection of this. i received letter from the court last year went to cab requested they transfer the debt to a court near me and also set up a repayment plan for 8 a week.myself and mypartner at thetime were unemployed so it wasa struggle i missed a payment then next thing ino ive got baliffs at me door

[ploddertom]

Re: Help with collectica baliffs

Were you given the chance of a re-hearing after you had been to CAB? Reason for asking is that as you knew nothing of the original fine the Court would have fined you the maximum as they would have no idea of your circumstances, when you became aware another hearing should have been held so you could file your details. It sounds as if it was partly done as you had a payment agreement. If you were on Benenfits then they should have been making deductions direct from your Benefits.

There is a slight issue of who you are dealing with, you said Collectica at first but in a later post you have it as Marstons, so who is it? Are you still on Benefits now?

As for how to deal with this. Have you asked the Bailiff to show you the Warrant, in my view there is a good chance if it is Marston they will produce there own interpretation of the Warrant but I would argue as it will not contain@
a - a signature
b - the date it was granted
c - the Court Stamp
it is not valid. If they do produce an original then please look for the exact address on it & also the date it was granted as Warrants only have limited shelf life before they have to be returned. Providing you do not allow the Bailiff entry to your home or otherwise prevent him obtaining a levy outside - car perhaps - then there is nothing he can do.

If the Warrant is returned to the Court you will be summonsed to say why you have not paid and at this stage can usually negotiate another payment plan. The Bailiff will tell you he has the power to force entry, as it is a for a criminal fine then this is true but he forgets to tell you he has to have another Order from the Court permitting him to do so. These are rarely given and are for the more persisitent offender who treats the system as a joke.