Collectica

[Laura123212]

Hi can anyone help me I'm currently 7months pregnant any have a little boy, I owed the courts £20 for a tv lisence fone, I moved address and was having it payed out my income support, my partner moved in and we claimed jsa and move address, I received one letter about the for, and forgot all about it, then collectica sent me a letter saying I owe 105 pounds, thn next wee I had a knock at the door and wa bayliff, saying I now owe 320 pounds, and said she will be back in 76 hours with police an lock smiths, unless I agreed to have to money by a certain time, I said in two weeks time, as I was panicking, I called them asked if I could do a payment plan they said I would have to speak with bayliff but I emails them and said I was getting depressed and low, and currently pregnant they asked for a medical letter and my pregnancy notes which are being sent of, and they said my account will be on hold for 21days, buy the bayliff is ur to come out for a payment I don't have Friday what do I do? I am so Down the moment with havi problems with my unborn and nt been eating and being my self my legs gave way on school run, I'm at my wicks end now please can someone help me ?

[bluebottle]

Re: Collectica

Hi Laura and welcome to Legal Beagles.

If you are currently pregnant, Collectica should inform the court of this. However, in practice, bailiffs collecting unpaid courts fines appear to suffer with Selective Memory Syndrome.

A letter from your midwife or GP should be sent to the court that issued the Distress Warrant as well as Collectica. If the matter is on hold for 21 days, the bailiff should not come anywhere near your home. The £105 is correct as this is the £20 fine + £85 Administration Fee. However, it would appear the bailiff made an unnecessary visit in order to justify an Enforcement Fee. That is naughty, very naughty.

Get onto the court first thing Monday morning and explain your current situation to them, as well as Collectica's actions. If they fob you off, come back onto this thread for the email address for the HMCTS Area Enforcement Team who are at a higher level than the court staff within HMCTS. Hopefully, this will not be necessary.

[labman]

Re: Collectica

Hi Laura,

I'm not too worried about the bailiffs - the letters from the medics will sort them out. The following is what I'm worried about:

I am so Down the moment with havi problems with my unborn and not been eating and being my self my legs gave way on school run, I'm at my wicks end now please can someone help me ?

Laura - you've got a huge responsibility there to that little unborn child inside you. You must eat properly and look after yourself properly - if you don't feel like doing it for you, do it for the baby.

I have suffered with depression too, so I know what it's like. However, while I know you can't just 'pull yourself together and get on with life' - I would NEVER say that to someone suffering depression, you do have to accept you have another life inside you, and how you look after yourself is directly affecting how well the baby can thrive and develop.

Please seek professional help and tell them you're not eating and about your legs giving way under you on the way to school. You are obviously very run down; I'm male, but I understand enough to know a baby drains you. If it needs food it can only get it from you, hence the phrase 'you're eating for two!'

Keep posting about developments with the bailiffs, we will sort those out for you. Also keep posting about yourself, as you will get a lot of care and support here - please use it.

Take care. :beagle:

[Sir Vere Brayne d'Emmidge]

Re: Collectica

Hi Laura and welcome to Legal Beagles.

If you are currently pregnant, Collectica should inform the court of this. However, in practice, bailiffs collecting unpaid courts fines appear to suffer with Selective Memory Syndrome.

A letter from your midwife or GP should be sent to the court that issued the Distress Warrant as well as Collectica. If the matter is on hold for 21 days, the bailiff should not come anywhere near your home. The £105 is correct as this is the £20 fine + £85 Administration Fee. However, it would appear the bailiff made an unnecessary visit in order to justify an Enforcement Fee. That is naughty, very naughty.

Get onto the court first thing Monday morning and explain your current situation to them, as well as Collectica's actions. If they fob you off, come back onto this thread for the email address for the HMCTS Area Enforcement Team who are at a higher level than the court staff within HMCTS. Hopefully, this will not be necessary.

Good solid advice, from Labman as well.

[bizzybob]

Re: Collectica

If the account is on hold and the bailiff calls demanding payment within that time frame, then you can call the police to have him removed, they should not call whilst it is on hold as posted by BB.

Are you still reliant on means tested benefits as a family? It is important to look after yourself and try not to worry, this can be sorted and Labman has given you some good advice.

[Inca]

Re: Collectica

Laura..you already have a child so you know how important looking after yourself is during pregnancy.
Make an appointment to see your Midwife/Dr asap and explain what is going on,,they won't judge you but they need to know why you are not eating etc

Your health and that of your unborn child are the most important factors here,,the Beagles will help you sort the bailiff issues out

[bizzybob]

Re: Collectica

Laura..you already have a child so you know how important looking after yourself is during pregnancy.
Make an appointment to see your Midwife/Dr asap and explain what is going on,,they won't judge you but they need to know why you are not eating etc

Your health and that of your unborn child are the most important factors here,,the Beagles will help you sort the bailiff issues out

Exactly so Inca. In cases such as this the midwives shoulkd be able to write a letter to the bailiffs explaining what can happen to THEM, if any harm befalls their pregnant victim or the unborn, due to their enforcement action induced stress.

Enforcement using distress or distraint and seizure of goods against pregnant and new mothers should be banned imho.

[bluebottle]

Re: Collectica

Exactly so Inca. In cases such as this the midwives shoulkd be able to write a letter to the bailiffs explaining what can happen to THEM, if any harm befalls their pregnant victim or the unborn, due to their enforcement action induced stress.

Enforcement using distress or distraint and seizure of goods against pregnant and new mothers should be banned imho.

Not only that, BB, I know of nothing that exempts certificated bailiffs from compliance with Health and Safety legislation. If you can't stuff them one way, you can always stuff them some other way.

As for what midwives can do to the bailiff, if it involves a speculum, just thinking of it is making my eyes water.

[bizzybob]

Re: Collectica

Not only that, BB, I know of nothing that exempts certificated bailiffs from compliance with Health and Safety legislation. If you can't stuff them one way, you can always stuff them some other way.

As for what midwives can do to the bailiff, if it involves a speculum, just thinking of it is making my eyes water.

OUCH!!!!!!! But seriously the bailiff will need proof of a Risk assessment if anything went wrong due to their heavy handed enforcement, would HMCS be able to wriggle out of any fallout for a 20 quid debt increased more than 15 times due to fees?

Either way OP can be assured Beagles will help her sort this.

[bluebottle]

Re: Collectica

OUCH!!!!!!! But seriously the bailiff will need proof of a Risk assessment if anything went wrong due to their heavy handed enforcement, would HMCS be able to wriggle out of any fallout for a 20 quid debt increased more than 15 times due to fees?

Either way OP can be assured Beagles will help her sort this.

Notification of a pregnancy or if it is obvious that a debtor is pregnant, this should tell the bailiff and bailiff company that a risk assessment is necessary. Risk assessments are a statutory requirement under Regulation 3, Management of Health & Safety at Work Regulations 1999. A bailiff and their employing company would have no excuse for not carrying one out, especially in the OP's case.

If Collectica fail to carry out a Risk Assessment in the OP's case, they will be committing an offence, per se, and liable to have action taken against them. However, HMCTS have the final say as to enforcement matters.

[bizzybob]

Re: Collectica

Notification of a pregnancy or if it is obvious that a debtor is pregnant, this should tell the bailiff and bailiff company that a risk assessment is necessary. Risk assessments are a statutory requirement under Regulation 3, Management of Health & Safety at Work Regulations 1999. A bailiff and their employing company would have no excuse for not carrying one out, especially in the OP's case.

If Collectica fail to carry out a Risk Assessment in the OP's case, they will be committing an offence, per se, and liable to have action taken against them. However, HMCTS have the final say as to enforcement matters.

Can HMCS be held liable for failings under H & S, or do they still think they have Crown Immunity, and let the bailiff carry the can?

[bluebottle]

Re: Collectica

Can HMCS be held liable for failings under H & S, or do they still think they have Crown Immunity, and let the bailiff carry the can?

HMCTS do not have Crown Immunity, but there is a provision in their contract with Collectica, as there is in their contracts with all four private sector bailiff companies, that Collectica indemnify HMCTS against all costs, damages and expenses, incurred whilst acting on their behalf.

[bizzybob]

Re: Collectica

So as Op is obviously in the final trimester, only a bone-headed greedy bailiff would ignore the obvious vulnerability hopefully.

[bluebottle]

Re: Collectica

So as Op is obviously in the final trimester, only a bone-headed greedy bailiff would ignore the obvious vulnerability hopefully.

Any bailiff, whether bone-headed, intellectually-challenged or in full possession of their marbles should remember their legal obligations under Regulation 3, Management of Health & Safety at Work Regulations 1999 and Sections 3 and 7, Health & Safety at Work Act 1974. This is particularly relevant in the case of a heavily-pregnant woman, especially if they are in the final stages of a pregnancy. The court should also do this as well.

[bizzybob]

Re: Collectica

Any bailiff, whether bone-headed, intellectually-challenged or in full possession of their marbles should remember their legal obligations under Regulation 3, Management of Health & Safety at Work Regulations 1999 and Sections 3 and 7, Health & Safety at Work Act 1974. This is particularly relevant in the case of a heavily-pregnant woman, especially if they are in the final stages of a pregnancy. The court should also do this as well.

Sadly judging by this case, I don't think they pay any attention to H & S on enforcement, and will go in hard anyway. The bailiffs. the courts and in council tax cases, the council don't give a flying fsck (fsck Linux version of Windows Chkdsk) so long as they get their money. H & S only becomes an issue, if it turns out after a tragedy that there was a health issue that established vulnerability that was ignored that caused the debtor to either miscarry (in pregnancy cases) have a stroke or a heart attack, or suffer some other detriment as a direct result of the enforcement.

I wonder if a FOI into how many H & S Risk Assessments in vulnerable cases were carried out would be an option to HMCS, and councils?