Collectica - Notice of Distress - for what??

[Dismayed]

Hi

I received a letter at my address but with my partners name on it who does not live with me full time. It is from Colletica demanding £335 for something to do with failing to send regristration document - then the message on it ends. My partner has absolutely no idea what this refers to and has not received any letters to his knowledge at either house he co owns with his ex partner.

The letter demands they will take goods to the value of the debt but this is MY house! This debt has absolutely nothing to do with me. How did they even get my address?

What would be the next steps as neither of us have any clue on what it is for, why it has been sent out of the blue, how they got my address, can they take anything of mine? My car for example!

Please please can someone help me with this problem as like anyone in this predicament - it is most distressing and something I have never faced before in my life.

Thanking you in advance

[Inca]

Re: Collectica - Notice of Distress - for what??

Hi and to LegalBeagles,,the troops will pop in and hopefully help you sort this out

[Dismayed]

Re: Collectica - Notice of Distress - for what??

Hi Inca

Thanks! Doing my nut in!

:-(

[labman]

Re: Collectica - Notice of Distress - for what??

Hi

I received a letter at my address but with my partners name on it who does not live with me full time. It is from Colletica demanding £335 for something to do with failing to send regristration document - then the message on it ends. My partner has absolutely no idea what this refers to and has not received any letters to his knowledge at either house he co owns with his ex partner.
He needs to contact the bailiff company and ask to what it refers.

The letter demands they will take goods to the value of the debt but this is MY house! This debt has absolutely nothing to do with me. How did they even get my address? You may be linked via a Credit Reference Agency would be my guess.

What would be the next steps as neither of us have any clue on what it is for, why it has been sent out of the blue, how they got my address, can they take anything of mine? My car for example! No, they cannot take anything of yours, nor should you let them into your property. It might be worth investing £5 - 10 at any High Street solicitors making a Statutory Declaration that everything in your house belongs to you. Get three or four copies.

Please please can someone help me with this problem as like anyone in this predicament - it is most distressing and something I have never faced before in my life.

Thanking you in advance

It sounds a little like your partner may have received a fine for failing to notify a change of registered keeper for a car / motor bike? He certainly needs to sort this out and contact the bailiffs and find out what the alleged fine is for, and at which court it was issued. He should also, as a matter of urgency, clarify his address with the bailiffs so you are no longer involved in this.

Meanwhile, make sure you follow the advice given here:

http://www.legalbeagles.info/forums/...The-First-Time

[Dismayed]

Re: Collectica - Notice of Distress - for what??

Thank you Labman - he has text the company for a recall twice and heard nothing so far! I cannot see how we would be linked via a credit ref agency either - I have only lived here 4 months myself, everything is in my name and I have only been with him one year and never have we purchased anything together either.

I await the call from the agency but am still at a loss to understand why no others letters have been sent - I think if they have his ex partner might have 'lost' them and indeed given my address in the meantime! That will be a matter I take up seperately!

Thanks once again, If I need anything further I will post on.

Regards

[enquirer]

Re: Collectica - Notice of Distress - for what??

Thank you Labman - he has text the company for a recall twice ...

If legal proceedings of any description may be in view, then you want a real PAPER TRAIL. Write to them properly and send it Recorded Delivery.

[labman]

Re: Collectica - Notice of Distress - for what??

If legal proceedings of any description may be in view, then you want a real PAPER TRAIL. Write to them properly and send it Recorded Delivery.

As long as the texts are kept, he should be fine, but a letter would be better - agreed!

[Dismayed]

Re: Collectica - Notice of Distress - for what??

The reason for the text is that is what the company have instructed he does, then a representative will aim to call him back within 4 hours. We are unable to call any number except the automated payment line!

Frustration reigns in the Dismayed Household!

Thank you once again though :-)

[labman]

Re: Collectica - Notice of Distress - for what??

Please don't get anything other than frustrated. YOU have no need to worry. Your partner needs to find out whether he has or not, and if he thinks he has, then post up here again for help and we will do our best for him.

Main things - read the link I posted and follow it; find out what this is all about by letter or email.

[enquirer]

Re: Collectica - Notice of Distress - for what??

The reason for the text is that is what the company have instructed he does, then a representative will aim to call him back within 4 hours.

Make your own rules.

Write to them. The Notice is then served on them whether they like it or not. If the paperwork contains no address, go to Companies House online and find the Registered Office.

[ploddertom]

Re: Collectica - Notice of Distress - for what??

You need to establish if this is for a Court Fine or just a Debt Collector. I don't doubt what you have will make it look like a Bailiff. Does it say anywhere on it words similar to "on behalf of HMCTS". Better still can you scan & post up what you have. The advice you require will depend in what capacity they are acting in.

[Dismayed]

Re: Collectica - Notice of Distress - for what??

Hi all again - firstly some advice on this email I have composed. It is clearly a little 'catty' - no pun intended to the Dawgies :-) Below the email and further items from the letter as per above post from Plodder Tom. Your further advice on either content before I send is much appreciated - I may have been a little too acidic :-)
Dear Agent

Upon returning from my trip to India on business I was utterly dismayed to find a letter to my address but with my partner's name on it containing a Notice of Distress!

You are absolutely right - it is very distressing - you are threatening to come to my home and extract goods to the value of the debt! Firstly, this is MY home and not that of my partners. Secondly, ALL items belong to me!

Upon seeing the letter I informed my partner who is also completely unaware of what this notice refers to. He has also not recieved any other correspondence relating to it. He has tried to call you and got no reply. He has also text you twice for a call back and nothing!

Therefore you are required to respond to the following questions

How did you get my address and why was the notice sent here? This is a clear breach of my confidentiality and will take the matter further!
What does the notice actually refer to
A detailed breakdown of your costs in writing
The Magistrates this refers to
The date of the alleged offence
The dates of all former letters/correspondence and where they were sent

Please be advised that failure to qualify any of the questions above will result in the alleged debt remaining unpaid. You will not be granted access to my property under any circumstances either.

I trust you will respond to this email in a timely manner not afforded to us already by your call centre!

Content of letter - from Collectica - registered address is contained in the letter. It says

You are hereby given formal notice that we are in receipt of a Distress Warrant for non payment of a Magistrates fine and we have been instructed by North West London to execute the warrent with immediate effect.

The warrant directs us to collect full payment from you or remove goods to sell at public auction to clear the outstanding amount owed to the court plaus our costs.

Then then give him/us 14 days
Fees will be added for the bailiff to attend property
They can force entry under to execute the warrant under the DVCV ACT
My household goods or vehicle can be removed and sold at auction

It is not a question of the amount of money - if it is a genuine oversight on my partners behalf he is perfectly willing and able to pay - this is a principle and a total lack of any previous correspondence to even alert him. I also doubt the original fine was £335!!

Thanks all :-)

[ploddertom]

Re: Collectica - Notice of Distress - for what??

Do NOT send that letter to them.

Did he know about the original fine? You say it is an oversight so assume he did? Has he received a Final Steps Notice from the Court? Did you check the exact address they have on the Warrant? Has he moved since the original fine was instigated?

[Dismayed]

Re: Collectica - Notice of Distress - for what??

Hi - ok, email not yet sent - what was wrong with it? What do you suggest instead?

Nope, no clue about the original fine at all - this is the first letter he has seen - does not know what this pertains to, what vehicle, what fine or anything. No final steps notice has come to this address. His ex partner may have 'seen' stuff but has certainly not passed anything on. I would be more inclined to think other letters have been sent to either of the two properties he still owns with her but as he is not resident in either at this stage - he has not seen anything. I will wager she has and has given my address - most kind of her :-)

The exact address is mine but with his name.

Since we do not know when the original fine was instigated as we do not know what it refers to - it is not clear where he was living at the time - however, it most likely will be one of the two addressed shared with ex partner - certainly NOT this one as nothing is registered here in his name.

What is the minimum time frame from these noitices? I have lived here 4 months only and he has stayed with me partially for that time but is not registered here at all.

Help required on email content!

Many thanks :-)

[labman]

Re: Collectica - Notice of Distress - for what??

You must remember this is NOT your fine, so you cannot demand details about it, it is nothing to do with you. It is for your partner to post up and seek help regarding this. It is also for him to contact the bailiffs to tell them the fine is nothing to do with you - I would encourage him to supply an address to them if you want to avoid further nuisance from the bailiffs.

Ploddertom is excellent, so do follow his advice.