collectica bailiffs

[plasticpen]

I'm having a problem with the fine I recently got for driving with no insurance from the local magistrates court.
I was running a struggling business using a van, this finally went down the pan after I was fined.
I agreed to pay the pay the fine off by installments,but due to difficulties I missed a payment.and then paid when I could
I received a further steps notice,I rang and was told everything was ok so carried on. with the payments as usual
I have now received a notice from collectica baliffs telling me a distress warrant as been issued and that I have 14 days to pay the amount in full.
Being unemployed there is no way I can pay the fine off in full.
What would be the best course of action,should I apply to the court for a means enquiry hearing,or since Iam now unemployed and living with my elderly father
should I apply for being in the vulnerable category.
Iam not claiming benefits,but I do have a very modest income coming in,I'm mostly being helped by the goodwill of my family.

cheers

ian

[bluebottle]

Re: collectica bailiffs

If it is about court staff, generally, write to the Court Manager at the court involved in the first instance. After that, you will need to contact the Ministry of Justice to establish the complaint escalation route for complaints about court staff, generally.

If it is specifically about enforcement staff at the court, the complaint should be referred to the Senior Enforcement Manager for the relevant area, in the first instance, then the Head of Enforcement Operations (North), followed by Director of Enforcement Operations and, ultimately, CEO of HMCTS if still unresolved.

As advised by Clever Clogs, do not make a Form 4 complaint against Collectica or their bailiff. If Collectica have acted as badly as they did in a recent case, that should be referred through the same complaint escalation route as complaints against enforcement staff at the court. However, if the Senior Enforcement Manager has already had the Distress Warrant withdrawn, speak to them first before escalating the matter to higher levels within HMCTS.

Re: collectica bailiffs

But I am going to make a formal complaint

Do not make a Form 4 complaint, as bailiff and bailiff companies have twisted the law since the Distress for Rent Rules 1988 (link).

By pretending that the only outcomes are the dismissal of the complaint or the loss of the bailiff's livelihood, and by packing any hearing into the complaint with lawyers and barristers, the bailiff or bailiff company will try to ensure that the complainant will have to pay thousands of quid in costs in the hope this may deter others from seeking justice.

[plasticpen]

Re: collectica bailiffs

thanks to bluebottles help i have had the distress warrant withdrawn.
many thanks my friend
But iam going to make a formal complaint,the behavior and ignorance of some people i dealt was disturbing,they shouldn't hold the positions they have of potentially wrecking somebody's life.
Certainly some arent that intelligent and in no way hold the jobs they have

[plasticpen]

Re: collectica bailiffs

hi bluebottle
thanks for getting back.
I telephoned the gildersome office and was given,the contact no of somebody i understood to be the senior enforcement manager at sheffield who told me to send a doctors note
to the bailiffs explaining my situation,certainly not a very helpful person.
would It be possible for you to contact them for me,I can pm the details etc


many thanks

ian

[bluebottle]

Re: collectica bailiffs

Should i go ahead and contact the senior enforcement manager for this area, Iam in rotherham south yorkshire.
Can my Gp put something together that i can approach the court with about my mental health status.
I have found a form on the internet that might be suitable but it isn't obvious how I attach it to a post for people to have a look at.
again thanks for the help

ian

Okay, Ian.

Your mental health status is relevant. Your GP needs to write a letter to the court confirming this. Under contracts Collectica and the other three private-sector bailiff companies have with HMCTS, mental health issues are regarded as making a fine defaulter vulnerable. If they come across someone who falls within the definition of vulnerable, they are supposed to inform the court. The reality is that the courts do not get to hear about this until the fine defaulter tells them, often after being subjected to harassment, bullying and intimidation by contracted bailiffs.

You also need to contact the HMCTS Senior Enforcement Manager (SEM) for North & West Yorkshire as, for some peculiar reason, East and South Yorkshire does not appear to have one. They are based at Gildersome. The office telephone number is 0113 3076600. The email address is WY-cec@hmcts.gsi.gov.uk.

Explain to the SEM about your problems and your mental health status. Tell him you are asking your GP to provide a letter confirming your mental health issues to the relevant court. The staff at Gildersome are, in my experience, very helpful.

Hope this helps.

[plasticpen]

Re: collectica bailiffs

From digging around on the internet many of the bailiffs have appeared on various consumer programes over their conduct

[plasticpen]

Re: collectica bailiffs

The OP needs to contact the HMCTS Senior Enforcement Manager for his area of the area in which the court that imposed the fine is located.

Should i go ahead and contact the senior enforcement manager for this area, Iam in rotherham south yorkshire.
Can my Gp put something together that i can approach the court with about my mental health status.
I have found a form on the internet that might be suitable but it isn't obvious how I attach it to a post for people to have a look at.
again thanks for the help

ian

[bluebottle]

Re: collectica bailiffs

They might have some sort of investigation for the sake of appearances, but I'd be astonished if Collectica lost the contract.

After all, wouldn't that mean having to admit that the bailiff company had been inadequately supervised?

A lot of HMCTS staff are getting fed up with the behaviour of the private-sector bailiff companies contracted to collect unpaid fines. That I have noticed when contacting them on behalf of LB members. Regardless of what the politicians may say, using private-sector contractors is not a "no cost to the taxpayer option" and HMCTS staff are not going to stand idly by and let their reputations be sullied and personal safety put at risk by the actions of corrupt and out-of-control contractors, or out-of-touch politicians.

Having now been confronted with actual evidence of malpractice, HMCTS do not really have a lot of choice about launching an investigation. Indeed, some very awkward and searching questions could be asked if they do not.

Re: collectica bailiffs

I wouldn't be too quick to launch the flying pigs, Cloggy. HMCTS don't pull MC Distress Warrants from contracted bailiff companies lightly. I would be very surprised if HMCTS do not launch an investigation in Collectica's conduct in this matter.

They might have some sort of investigation for the sake of appearances, but I'd be astonished if Collectica lost the contract.

After all, wouldn't that mean having to admit that the bailiff company had been inadequately supervised?

[bluebottle]

Re: collectica bailiffs

The OP needs to contact the HMCTS Senior Enforcement Manager for his area of the area in which the court that imposed the fine is located.

[bluebottle]

Re: collectica bailiffs

:flypig: :flypig: :flypig: :flypig::flypig: :flypig: :flypig::flypig: :flypig::flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig::flypig: :flypig: :flypig::flypig: :flypig: :flypig:

I wouldn't be too quick to launch the flying pigs, Cloggy. HMCTS don't pull MC Distress Warrants from contracted bailiff companies lightly. I would be very surprised if HMCTS do not launch an investigation in Collectica's conduct in this matter.

Re: collectica bailiffs

My friends father was a court bailiff and they had to be exemplary in how they behaved
and they got stood on if they werent

Yes.

But then it got privatised "to save money" and the system became very much nastier.

Re: collectica bailiffs

I phoned the enforcement no today but was told that I had to refer everything to the bailiff.
The fact that I had phoned them and talked to somebody when i received the further steps notice was brushed aside,she did have the warmth of an iceberg and was sticking to procedure.

Why did you not expect to be dealing with an inherently indolent jobsworth?

I do suffer from depression which is an ongoing thing,and I effectively am fathers carer,he knows nothing about this and it certainly wouldn't be good for his health if he did.

how do I go about going down the vulnerability route could father be part of this?

You will need some sort of evidence, such as a letter or some support from Social Services or a headshrinker.

There is virtually nothing in the house that i own,do i have to prove ownership of goods in the house

Your father would need to swear a statutory declaration to that effect before a Commissioner for Oaths.
The uncommissioned and profane oaths your father may utter will not be helpful. :grin:

[plasticpen]

Re: collectica bailiffs

My friends father was a court bailiff and they had to be exemplary in how they behaved
and they got stood on if they werent