Collectica - Fine + Fee?

[Stockers]

Hey, I am new here, so hope I am posting in the right place.

First of all, here is a link to the letter I got through the post yesterday.

http://i.imgur.com/dAJkfjZ.jpg

The story is, I had a fine to pay, as did my partner. However, due to an error on both our part we had been only paying hers, but paying double, i.e. making 2 x £20 payments on her payment card.

Anyway, the court sympathise, however are not interested.

Now, this letter stipulates that they may enter the premises to remove goods, and so on and so forth.

However, I am more than happy to pay the fine, of £190, what I am not happy paying is the £300 (£85 admin, £215 attendance fee)

I have checked with various resources, which say that they can only enforce fines and other orders of payments and NOT for fees. In addition they can NOT enter to recover items to cover their fees.

However, I have just spoken to someone in the fines enquiry office who has said that they can in fact enter to seize property to cover THEIR costs.

EDIT: Just to add, He posted this yesterday, and is expecting full payment by tomorrow. I have tried to contact him today, but to no avail.

[bluebottle]

Re: Collectica - Fine + Fee?

I am tell you that Collectica should not be trusted under any circumstances.

1. Has this bailiff sent a letter?
2. Has he attended you home?
3. Has the bailiff shown you a copy of the actual court Distress Warrant?

If only a letter has come through the post, he can only charge £85.00. The £215.00 Attendance Fee can only be charged once and only once he has attended your home. It cannot be charged on a speculative basis or before he attends. Collectica know this. As for him entering your premises, yes, they can, but they have to justify their reasons for doing so to a nominated HMCTS official who has to authorise forced entry and the name of the official has to be written on the Distress Warrant. They cannot just force their way in as and when they feel like it. As for him sending you a letter and expecting you to pay by tomorrow, although he can require immediate payment, in practice, he cannot make you pay more than you can realistically afford. It may be worth discussing this with the HMCTS Senior Enforcement Manager for your area who can overrule Collectica. Which court issued the fine and which county are you in, please?

[Stockers]

Re: Collectica - Fine + Fee?

It was a hand delivered letter, I didn't hear him knock, was only alerted when they dog barked at the door, didn't even see a car pull up or drive off.

I have only spoken to him on the phone once, to identify where it originated, and that was yesterday evening, today I have been calling the court to trace payments, which like I said above were on my partners card, not ideal.

It was South Durham Mags, and County Durham.

[bluebottle]

Re: Collectica - Fine + Fee?

You need to speak to the HMCTS SEM for that area. The contact details are -

Central Enforcement Unit
Teeside Magistrates Court
Victoria Square
Middlesborough
TS1 2AS

01642 261681

postbox@hmcts.gsi.gov.uk

Mark the email "For attention of the Area Senior Enforcement Manager". Quote court references, your name, address, date of birth and a contact telephone number. A lot of HMCTS staff - of all grades - are getting fed up of having to deal with the dishonesty and bullying of contracted bailiff companies.

[ploddertom]

Re: Collectica - Fine + Fee?

I have checked with various resources, which say that they can only enforce fines and other orders of payments and NOT for fees. In addition they can NOT enter to recover items to cover their fees.

However, I have just spoken to someone in the fines enquiry office who has said that they can in fact enter to seize property to cover THEIR costs.

EDIT: Just to add, He posted this yesterday, and is expecting full payment by tomorrow. I have tried to contact him today, but to no avail.

Which "resources" have told you this?

[bizzybob]

Re: Collectica - Fine + Fee?

I am as uneasy as ploddertom about the "other sources" it is sometimes better to pay the legitimate fees and argue later, to get the bailiff out of the picture

[charitynjw]

Re: Collectica - Fine + Fee?

The infamous DVCVA Act 2004 4A, which ran roughshod over the centuries-old maxim "An Englishman's home is his castle".

I concur with other posters, though, in that it must be treated as a priority debt; pay it to stop any further action, & write to the court, protesting that a very large sledgehammer has been employed to crack a very small nut.
This 'power' should only be used as an absolutely last resort, not when there is a reasonable explanation for the transgression.

Btw, did you ever receive a 'Further Steps' letter from the Fines Officer?