collectica threatening to force entry with locksmith and police

[crushermusher]

my son missed 1 payment with collectica for a magistrates court fine the baliff posted a notice of intention to enter and search premises removal notice when i phoned him up to try and keep the payment by installments the baliff refused and became quite cocky about it he said he wanted the court fine plus his fees by tonight or he would be back at 9am in the morning with a locksmith and the police to gain entry are they allowed to do this also the money we paid previously the baliff hasnt sent it to the court but taken it of his fees any advice please

[labman]

Re: collectica threatening to force entry with locksmith and police

What was the fine for? How much was it? How much remains? Can you afford to pay the remainder?

[bluebottle]

Re: collectica threatening to force entry with locksmith and police

This needs reporting to the court first thing in the morning. Check whether the bailiff has been given authority to force entry by means of a locksmith. HMCTS require the four private sector bailiff companies who collect unpaid court fines on their behalf to obtain authority from a nominated officer at the court that issued the Distress Warrant in order to force entry using a locksmith. That nominated officer's name has to be written on the DW. If the bailiff has not done this, Collectica could have some explaining to do.

Also, please answer the questions Labman has posted. These are important questions.

[bizzybob]

Re: collectica threatening to force entry with locksmith and police

Who owns the property in the house? as the bailiff cannot take your goods for your son's debt even though he will say he can, also he may try to "persuade you to volunteer to pay" by saying he can take whatever he wants of yours, he can't so do as Labman and Bluebottle suggeat

[bluebottle]

Re: collectica threatening to force entry with locksmith and police

Who owns the property in the house? as the bailiff cannot take your goods for your son's debt even though he will say he can, also he may try to "persuade you to volunteer to pay" by saying he can take whatever he wants of yours, he can't so do as Labman and Bluebottle suggest

The bailiff would be acting in contravention of the conditions attached to the Distress Warrant which make clear that the goods of the Defendant can be taken. It does not state that a bailiff can take a Defendant's relatives' goods or any third-party goods. Any bailiff executing a Magistrates Court Distress Warrant has to comply with the conditions to the letter and the law, although, in reality, many do not.

[crushermusher]

Re: collectica threatening to force entry with locksmith and police

hi thanks for replying everyone the fine was for £100 for a criminal offence we paid £34 of the fine on the fine card then paid £50 in installments to collectica when i phoned the court today for a balance and they said £66 was owing which i can afford to pay i rung the baliff and told him my son has no income coming in and it is me that has been paying of i tried to get him to keep the payment plan in place but he kept saying he couldnt as the court had ordered it and that he had to have full payment of £366 i told him i couldnt afford it and he said he will see me in the morning at 9 am with locksmith and police and he hung up on the dw it only has the court that instructed it no does not mention any names on it apart from my sons on the notice of intention to enter search and removal notice it does have the baliffs name and phone number on it i did offer to make voluntry payments which would of been the amount which was first agreed but he said i wasnt allowed the property is in my name and my son doesnt have a lot to take an old tv and a broken xbox his bed and clothes which wont even cover the £366 they want

[bizzybob]

Re: collectica threatening to force entry with locksmith and police

Look at Bluebottles post #5 the bailiff CANNOT take your goods, and it would be highly unlikely that the court would permit him to do so at this stage, has he had a Further Steps Notice prior to the bailiff demanding the extra?

[bluebottle]

Re: collectica threatening to force entry with locksmith and police

hi thanks for replying everyone the fine was for £100 for a criminal offence we paid £34 of the fine on the fine card then paid £50 in installments to collectica when i phoned the court today for a balance and they said £66 was owing which i can afford to pay i rung the baliff and told him my son has no income coming in and it is me that has been paying of i tried to get him to keep the payment plan in place but he kept saying he couldnt as the court had ordered it and that he had to have full payment of £366 i told him i couldnt afford it and he said he will see me in the morning at 9 am with locksmith and police and he hung up on the dw it only has the court that instructed it no does not mention any names on it apart from my sons on the notice of intention to enter search and removal notice it does have the baliffs name and phone number on it i did offer to make voluntry payments which would of been the amount which was first agreed but he said i wasnt allowed the property is in my name and my son doesnt have a lot to take an old tv and a broken xbox his bed and clothes which wont even cover the £366 they want

This is why you need to speak to the court first thing tomorrow morning.

[crushermusher]

Re: collectica threatening to force entry with locksmith and police

no he hasnt had a further steps notice he did make a payment on his fine card then he got a letter of the court saying they couldnt accept it because it had been refered to the baliffs and the court would transfer the payment to the baliff then he got his dw not long after that then i missed a payment last week and got the notice of intention today

[labman]

Re: collectica threatening to force entry with locksmith and police

Are you able to get to the court in person?

[crushermusher]

Re: collectica threatening to force entry with locksmith and police

no not able to get there in person

[enquirer]

Re: collectica threatening to force entry with locksmith and police

no not able to get there in person

Telephone, making sure that you obtain the name of the person to whom you have spoken. Immediately write down the content of the conversation. Then write a follow-up letter, reiterating the content of the conversation.

[bluebottle]

Re: collectica threatening to force entry with locksmith and police

Also, if the bailiff does roll up with a locksmith and the police, give the police the name and telephone number of the court official and firmly ask them to telephone the court and check out what you have said. Police officers do not take kindly to being used or made to look fools. If you're lucky, a police officer might just tell the bailiff where to stick his Distress Warrant.

[Monkey Drunk]

Re: collectica threatening to force entry with locksmith and police

You mention you are paying your son's fine....

How old is your son?

[bizzybob]

Re: collectica threatening to force entry with locksmith and police

You mention you are paying your son's fine....

How old is your son?

If under 18, then they could possibly make you pay as you are "in loco parentis" until they are 18