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need help with collectica bailiffs

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  • need help with collectica bailiffs

    this is orignally a tv licence fine from magistrates it comes with distress warrant this was orignally passed on to marston this is a long winded story and i will try and break it down but give as much information as possible .after reading through past threads and making notes i hope i can provide enough information .
    Due to severe hyperemisis gravidrum ( whilst pregnant with my youngest aged 15 wks ) i was incapable of doing anything i also suffer with depression and chronic idiopathic thrombocytopenic purpura aka immune thrombocytopenic purpura.MY second eldest son aged just 11 has behavior /mental health problems as yet undiagnosed but under a counsellor awaiting therapy has been seen by cams but awaiting rereferal .At the time of orignal debt ,fine i was a single mum of 4 on income support my circumstances changed on the 25/9/13 when my partner moved in just before this i contacted CAB was awaiting to attend appointment in this time Marston made a visit i did not allow entry and spoke to them outside property he informed they was no way i could make installments things had gone to far he issue me a removal notice he did not enter the property i did not sign anything i did explain my situation that i could not repay amount in full as had been claiming income support ,partner moved in awaiting for new joint claim of income based jobseekers. He said they would be back tomorrow his advice was to beg borrow get a loan etc i explained i have no family in the area except my mum who is ill and on benefits herself due to this that my only option would be a credit union loan an option not guarentee and that would take a week or so .he hande me notice and told me i could ring his boss on the mobile no provided explain my situation but he would inform the same .My friend arrived at this time and witnessed the following about ten minutes later another man approached my door i guessed it tobe a bailiff he turned out to be the other mans boss who had been round the corner waiting in his van .He came to the door and asked me outside and said it was nothing to worry about that as they were driving away the courts had recalled the job and could they have the removal notice back as now it was up to the courts to dael with. i done this without hesitation as i tought i would now have the chance to make instalments .(also prevous to this the debt was coming out of my income support and had stopped without my knowledge courts phoned me and asked why i said i did not know as i was still in reciept of income support at the time an agreement to pay was arranged but due to illness i did not fullfill this arrangement .)After this visit i went back to CAB who phoned the courts up who informed us that it had been sent straight back out to collectica courts gave us the number but it was an automated service and without ref no you could not get through to human CAB advisor searched the internet for an alternative number but the one listed turned out to very misleading. So then had to await a letter with ref number got it with a please contact within 7 days of date at top of letter i recieved it on day 6 contacted CAB got appintment on day 7 phoned then on day 7 with CAB advisor explained finaicial situation and that i was willing to make payment plan that i was able to keep to they were asked if they would the account for 14 days while a statement of means was produced they said no wont put account on hold will accept £101 a month when told this was impossible ther advice was to pay what i can but this will not stop any action from the bailiffs or letters or costs being added so therefore rendering any payments i do make not worthwhile since then yesterday i recieved a notice of additional costs £215 and warning of a visit to sieze possession also stating i have not contacted them or tried to make arrangement to pay im glad i was at CAB when call was made im at loss what to do now .i have 4 children living with me and my stepdaughter on wkends and half the holidays we provide for whilst she is here but also everything else her mum will only send in what she stands in this isnt a bother i just mention it as it cost but CAB refuses to mention this when talking to who i owe money 2 and that is not a fair finacial judgement .also when CAB contacted marston and asked them why the courts had recalled the debt they said they hadnt the bailiffs that had attended had said that they had entered the property and they were unable to sieze goods to the value of debt .if they had entered then this would be the case but they did not.
    i did recieve a summons
    i am aware of summons
    i did recieve a letter informing of court hearing
    i do not know if my means were tested
    i did recieve further steps notice
    im sure the date of warrant is over 180 days old need to recheck paperwork
    ON saying this hyperemsis gravidrum is severe and i spent all of my pregnancy very ill and dehydrated i wasnt so aware of this at the time i am now going through the paperwork im finding it all i would be very gratefull for any advice im in desperate need thank you in advance

  • #2
    Re: need help with collectica bailiffs

    i live in portsmouth

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    • #3
      Re: need help with collectica bailiffs

      HI & to LegalBeagles...it's a tad early yet but someone will pop in and help you once they've had their beauty sleep

      Comment


      • #4
        Re: need help with collectica bailiffs

        thank you very much

        Comment


        • #5
          Re: need help with collectica bailiffs

          Hi and welcome to Legal Beagles.

          From what you have said, you need to contact the HMCTS Area Enforcement Team for your local area who are based at Poole, in Dorset. Their telephone number is 01202 711880 and email address is do-pooleenforcement@hmcts.gsi.gov.uk I would strongly advise you to contact them by email, marking your email "For attention of Service Delivery Manager or Senior Enforcement Manager" and giving them a contact telephone number. The Service Delivery Manager (SDM) and Senior Enforcement Manager (SEM) are the two senior members of an HMCTS Area Enforcement Team.

          It would appear Marstons have not been entirely frank with either yourself or HMCTS. It also appears that Collectica are up to their usual trick of trying to force debtors to pay more than they can realistically afford. Collectica have been caught doing this on a previous occasion and attempted to mislead HMCTS about the matter. Not surprisingly, HMCTS were not very happy about it. You mention health issues and my question would be, "Does HMCTS know about these issues?" If they do not, the health issues may place you within the vulnerable category. However, this is why you need to contact the HMCTS Area Enforcement Team.
          Life is a journey on which we all travel, sometimes together, but never alone.

          Comment


          • #6
            Re: need help with collectica bailiffs

            hi and thank you for response i am very grateful for your advice HMCT do not know about my health issues i will do as advised and post back sry for short reply need to feed baby

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            • #7
              Re: need help with collectica bailiffs

              emailed as advised just awaiting phonecall any advice please if collectica attends property in the meantime? do you think i should email them offering instalments again ? any advice greatly appreciated

              Comment


              • #8
                Re: need help with collectica bailiffs

                Originally posted by scrunchel View Post
                emailed as advised just awaiting phonecall any advice please if collectica attends property in the meantime? do you think i should email them offering instalments again ? any advice greatly appreciated
                Collectica have "form" for refusing instalments without good reason or pitching them at a level a debtor cannot realistically afford. I did put this to HMCTS recently and was informed that unless the bailiff company has taken a long time to trace you, they have six months from the date the distress warrant was issued in which to collect the money. So, unless there are only a few weeks left before Collectica have to hand the distress warrant back to the court of issue, they have no excuse. However, you do need to engage with HMCTS Area Enforcement Team, especially as you have health issues. They may well ask you to obtain a letter from your GP and fax it to their office or the court that issued the original distress warrant.

                If Collectica roll up, tell them you have emailed the HMCTS Area Enforcement Team at Poole and are awaiting a response from them. Also advise Collectica of your health issues. Do not be surprised if they reject them and claim you are not vulnerable. This is why you need to deal with the organ grinders and not their performing monkeys.
                Life is a journey on which we all travel, sometimes together, but never alone.

                Comment


                • #9
                  Re: need help with collectica bailiffs

                  Thank you for your advice again will be following it

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                  • #10
                    Re: need help with collectica bailiffs

                    hi recieved phonecall last night informing me that they cant help
                    looks like ive hit a brick wall:sad1:

                    Comment


                    • #11
                      Re: need help with collectica bailiffs

                      Is the court and, indeed, HMCTS Criminal Enforcement Team and Collectica aware of your health issues? Some of them or, possibly, all of them may place you within the vulnerable category. If they are not aware of them, the response you received is correct if the Distress Warrant was issued correctly. It sounds to me that you need to obtain a letter from your GP, CPN or other healthcare professional responsible for your care confirming your health issues and copies of the letter needs to be sent to the court and Collectica and/or the HMCTS Area Enforcement Team.
                      Life is a journey on which we all travel, sometimes together, but never alone.

                      Comment


                      • #12
                        Re: need help with collectica bailiffs

                        when i emailed HMCTS i included some of my health issues im going to make an appointment with gp for letter the court and collectica unaware though
                        thank u

                        Comment


                        • #13
                          Re: need help with collectica bailiffs

                          Originally posted by scrunchel View Post
                          when i emailed HMCTS i included some of my health issues im going to make an appointment with gp for letter the court and collectica unaware though
                          thank u
                          If the courts do not know what a condition entails, they will have a problem deciding whether it falls within the "vulnerable" criteria. This is why a letter from a healthcare professional is essential. The HMCTS Area Enforcement Team exists to oversee criminal enforcement in a given area and that includes overseeing the activities of private-sector bailiff companies collecting unpaid magistrates court fines on behalf of HMCTS.

                          The usual route for resolving issues involving unpaid magistrates court fines is -

                          Level 1: Bailiff Company contracted by HMCTS (Collectica, Excel, Marston, Swift);
                          Level 2: Fines Office/Enforcement Team at court where fine imposed (also the court that will issue a Further Steps Notice and, ultimately, a Distress Warrant) if bailiff company acting unreasonably;
                          Level 3: HMCTS Area Enforcement Team, if staff at court unable to assist;
                          Level 4: HMCTS Regional Head of Enforcement Operations, if unable to resolve at Level 3.

                          In practice, it is very rare indeed for issues to reach Level 4. According to HMCTS, most issues that are not resolved at Level 1 are, normally, resolved at Level 2 or 3. Unlawful/illegal behaviour by contracted bailiffs, including assaults not in self-defence, should be reported to HMCTS immediately and, also, the police.
                          Life is a journey on which we all travel, sometimes together, but never alone.

                          Comment


                          • #14
                            Re: need help with collectica bailiffs

                            Originally posted by scrunchel View Post
                            when i emailed HMCTS i included some of my health issues im going to make an appointment with gp for letter the court and collectica unaware though
                            thank u
                            Once you have the letter from your GP, copy it to Collectica as well as the Court to their Customer Services Department.

                            If they ignore it, it is at their peril.
                            The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

                            A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

                            A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



                            It's a dirty job, but someone got to do it!

                            My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

                            Comment


                            • #15
                              Re: need help with collectica bailiffs

                              Originally posted by Sir Vere Brayne d'Emmidge View Post
                              Once you have the letter from your GP, copy it to Collectica as well as the Court to their Customer Services Department.

                              If they ignore it, it is at their peril.
                              Collectica most likey will ignore it until the court recall the warrant.

                              Comment

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