Collectica and court fine

[Baby J]

Hi all,

Looking for some advice on behalf of a friend.

He's been paying a fine with Collectica over the past few months. With 1 payment remaining they have told him that they now have another fine that he needs to pay of £425.

He does not know what this fine relates to and Collectica have told him that they do not have the original distress warrant and that anyway they don't have to provide him with those details.

Presumably any original correspondence was sent to a previous address - should he contact the issuing court?(Lavender Hill). He now lives 100 miles away from there so what should he do next?

Thanks

[paul floorlayer]

Re: Collectica and court fine

Im pretty sure that they need to have or be able to tell you where you can view the distress warrant, as without it how can they prove that this fine exists? if your friend knows nothing about it then collectica would need to tell you which court it is from and you would need to phone that court and find out what the fine is for before you do anything payment related imo.

[ploddertom]

Re: Collectica and court fine

If he knows nothing of the fine why does he think it relates to Lavender Hill?

[Baby J]

Re: Collectica and court fine

Collectica told him the court was Lavender Hill but they won't tell him what it's for

[bluebottle]

Re: Collectica and court fine

I would strongly advise your friend to contact HMCTS in the first instance. Collectica are not exactly top of the class for being forthcoming with the actualities and have been caught trying to pull the wool over the eyes of HMCTS, something that resulted in an HMCTS Regional Enforcement Team recalling a Magistrates Court Distress Warrant as a result.

[Baby J]

Re: Collectica and court fine

Thanks that's what I told him to do. He will call them tomorrow.

If it turns out that this is his fine and he has not ever received anything relating to it or indeed the offence itself (he moved out of London in April 2012) what can he do if anything?

When he questioned it in the first place Collectica told him they will send the bailiffs out if he doesn't start making payments next week and the payments they want are way more than he can afford.

[wales01man]

Re: Collectica and court fine

If he received nothing relating to it or indeed the offence ?how did he know he was fined if hed did not know until Collectica said why is he not demanding proof if they cant prove to him with court paperwork why on earth should he pay.

[Baby J]

Re: Collectica and court fine

I agree, but he has demanded proof from them and they have told him that they don't have to provide him with any documents that's why I've come here for help and advice.

I heard them on speaker phone this evening when he asked again and the guy at the end of the phone said "I don't have to provide you with anything"

He will call the court in question tomorrow.


He's got 1 more payment to make on a different fine and it's just their word that he owes this new amount - they won't even tell him what the alleged offence is.

The problem is they have said that if he doesn't start paying this new one next week the bailiffs will be visiting and then that's more charges.

[bizzybob]

Re: Collectica and court fine

Yes they damned well do have to provide information, otherwise they can knock at any door at random and demand payment. mind you they will try that with a new occupier if the debtor has moved, best one i heard was that the debt stayed with the address so the new occupier "inherited" the debt. If indeed he has heard nothing and it id his fine and not another persons; a Statutory declaration to the court should rewind thinks and cut the legs from under Collectica.

[Baby J]

Re: Collectica and court fine

Thanks.

They're just so arrogant when you hear them on the phone!

I've told him to call the court tomorrow.

Just a quick question would he have to go to Lavender Hill to make a stat dec or could he do it in a local court he lives 100 miles away from London now?

[ploddertom]

Re: Collectica and court fine

If he lives a distance away then the issuing Court should be able to arrange for this to be done at a more local Court to him. Do please ensure he does this as this will not drop.

[Sir Vere Brayne d'Emmidge]

Re: Collectica and court fine

Collectica told him the court was Lavender Hill but they won't tell him what it's for

It is an essential part of due process to provide you with all the information that is required to enforce a Distress Warrant, namely the Court issuing the warrant, why was the warrant issued (details of the offence and conviction date) and the amount owing.

Your friend is entitled to see a copy of the warrant, generally requested in writing, and the request must be satisfied.