Notice of distress warrant I knew nothing about!!

[Loopster]

Hi there, My first post :-)

On Friday (20th Dec 2013) I received a letter from Collectica, which says as follows:

Outstanding amount:£886.25
For offence of: Use a vehicle without a valid vehicle license.

NOTICE OF DISTRESS WARRANT
Date:16th December 2013
You are hearby given formal notice that we are in receipt of a Distress Warrant for Non-payment of a magistrates fine and we have been instructed by West Mercia Magistrates' court to execute the warrant with immediate effect.

The Warrant directs us to collect full payment from you or remove goods to sell at public auction to clear the outstanding amount owed to the court plus our costs.

Unless the Full amount including costs (as shown above, which on;y says £886.25) is paid within 14 days, we will commence enforcement and recovery action that will lead to a bailiff attending your premises to seize and remove goods.

Your failure to settle this fine in full could result in one or more of the following:-
1.An attendace fee of £215 will be added to your account when we attend your premises
2.The bauiliff may force entry to your premises to execute this warrant (under the dvcv Act)
3.Your household goods and/or vehicle can be removed and sold at auction (£200+storage costs)

Then payment info.....

Firstly, I had no idea about any of this until the letter arrived. I phoned the police Friday, but all they have on my vehicle is a traffic light violation in August '07, which was paid, 3 points on my license etc.. So the copper gave me a Magistrates Court number to phone, so I did and had ended up having to phone agian today because they were closed.

So phoned this morning, got redirected 2 or 3 times. The alleged offence is from 6th June 2013 apparently my vehicle was seen or something along those lines. The apparent court date was 31st October 2013 at Reditch Magistrates court, despite Worcester being much much closer to me.

I have always taxed my car (July I renew), and this year DVLA didn't send the V11 form, so had to piss around at the Post Office with the log book and stuff to tax it ( maybe slightly my fault because this was when I realised I hadn't altered the address on my log book from previous addresses)

So I have arranged to make a statutory Declaration at Worcester Magistrates Court on 2nd January. They only do them Wednesday or Thursday, and just my luck, Wednesday and Thursday this year are Wehay!Christmas and Boxing day!!

However I am worried, because that date is after the "14 days."

So am asking for some serious advice. What should I do?
I live with my parents, it is their own home, and have limited personal belongings in the house, basically what is in my bedroom. Can they force entry into my parents home? What is meant by "forced entry"? What should I say through the letterbox if they come knocking, or just don't answer, then when they piss off, hopefully they dont come back until after Jan 2nd? Should I e-mail them I have arranged an appointment for statutory declaration?

Any suggestions will be very much appreciated.

Thanks,

Loopster

[CleverClogs]

Re: Notice of distress warrant I knew nothing about!!

Do your parents have a lockable garage? If so, lock away your car in the garage; if not, is there anywhere else that it could be securely locked away?

[bluebottle]

Re: Notice of distress warrant I knew nothing about!!

Hi Loopster and welcome to Legal Beagles.

Collectica are somewhat disingenuous where the collection of magistrates courts fines is concerned and have already blotted their copybook with HMCTS for telling porkies to them about defendants.

Worcester Magistrates Court appears to be on the ball and as long as you have a firm date to swear a Statutory Declaration on 2 January 2014, the conviction should be set aside as of that date.

When you spoke to the magistrates court, did they say whether they were recalling the distress warrant or instructing Collectica to cease enforcement action? When something like this happens, it is usual for the warrant to be recalled and/or the Approved Enforcement Agent to be instructed to cease enforcement action. Another thing, did you obtain the name of the person you spoke to at the court?

If Collectica do come calling, advise them of the SD hearing on 2 January 2014.

However, do ring the court this afternoon and obtain a name for reference and whether the warrant has been recalled or suspended.

[Loopster]

Re: Notice of distress warrant I knew nothing about!!

Hello Clever clogs. Thanks for replying. My vehicle is miles away, and also now legally my brothers.

[Loopster]

Re: Notice of distress warrant I knew nothing about!!

Hi Bluebottle. Thank you for speedy reply. Really do appreciate it. Yeah, definately 100% 2nd Jan at Worcester Magistrates Court.

She said the Distress Warrant can't be legally recalled/cancelled or any convictions voided until the Stat Dec has been sworn and signed. She said, if they bother you, tell them you have a cast iron date for a stat dec, then they should ring the court to confirm etc.. I didn't acquire the name of the lady no. I should have done really.
I will ring again tomorrow morning, because the enforcement office closes at 4pm. She was very helpful indeed, and I certainly got the impression, this isn't the first time in the past week or 2, someone has phoned her saying they haven't got a clue about anything that has gone on like myself.

If Collectica go by the date on the letter, then I am expecting them 30th Dec.

Do I just not answer? And make sure everybody else in the house doesn't answer? Also, they can't come on a bank holiday can they, so will that eliminate the 1st January? Or am I mistaken here?

Should I Email the company to inform them of a stat dec date? Or not contact them at all in your opinion?

Really do appreciate your reply

Loopster

[CleverClogs]

Re: Notice of distress warrant I knew nothing about!!

Hello Clever clogs. Thanks for replying. My vehicle is miles away, and also now legally my brothers.

It may be as well to warn him, as Collectica is a Serco company and hence not exactly fussy about the law.

[Loopster]

Re: Notice of distress warrant I knew nothing about!!

Yeah, he knows Clever Clogs. They can't touch anything that isn't mine, have a field day collecting damages if they do.

[bluebottle]

Re: Notice of distress warrant I knew nothing about!!

Hi Bluebottle. Thank you for speedy reply. Really do appreciate it. Yeah, definately 100% 2nd Jan at Worcester Magistrates Court.

She said the Distress Warrant can't be legally recalled/cancelled or any convictions voided until the Stat Dec has been sworn and signed. This is correct. However, there is nothing to prevent HMCTS suspending enforcement action in the meantime.
She said, if they bother you, tell them you have a cast iron date for a stat dec, then they should ring the court to confirm etc.. I didn't acquire the name of the lady no. I should have done really. I'd like to see Collectica do that. They are known for making threats, e.g. return with locksmiths, the Kraken, etc..
I will ring again tomorrow morning, because the enforcement office closes at 4pm. She was very helpful indeed, and I certainly got the impression, this isn't the first time in the past week or 2, someone has phoned her saying they haven't got a clue about anything that has gone on like myself. If DVLA is involved, it is likely Worcester Magistrates Court are having to deal with a batch of dodgy convictions from them.

If Collectica go by the date on the letter, then I am expecting them 30th Dec. Send them an email advising them of the SD date and to ring the court to confirm. Tomorrow morning, ring the court and advise them you have sent an email to Collectica to advise them of the date of the SD hearing.

Do I just not answer? And make sure everybody else in the house doesn't answer? Also, they can't come on a bank holiday can they, so will that eliminate the 1st January? Or am I mistaken here? Collectica's policy appears to be that the law does not apply to them, they can do whatever they like and can tell whatever untruths they like to achieve their objectives. Taking into account they are owned by Serco, who is currently under investigation by the SFO, does this come as any surprise?

Should I Email the company to inform them of a stat dec date? Or not contact them at all in your opinion? See above.

Really do appreciate your reply. You're welcome.

Loopster

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[Loopster]

Re: Notice of distress warrant I knew nothing about!!

Thanks for the advice bluebottle. I shall send an email in the morning. I will also ring the court again and advise them on what I have done, acquire a name for reference purposes and have a chat regarding the enforcement notice.

Yeah, I have read so many stories about them threatening with locksmiths, get the police to allow them in and allsorts, even though the police can only be there to prevent breach of peace yes? Or because it's an unpaid magistrates fine I was clueless about can they authorize entry? I don't really get intimidated very easily, and have spent a short time in the Royal Marines, so staying disciplined in certain situations is one of my strong points.

I have a camera which has been charged fully for recording purposes, should they come knocking and I do communicate with them via the letterbox. I will request proof of I.D, proof of costs, proof of bailiff certificate, who the issuing authority is, when the order was made, where their genuine signed warrant is, I have read many stories about fake warrants also, could you advise on this matter please? Did I miss anything?

Thanks once again,

Loopster

[CleverClogs]

Re: Notice of distress warrant I knew nothing about!!

You omitted that it is not your house and that the householder - who owes nothing to the court - does not wish them to enter.

If there is any garden furniture that can be moved, it may be as well to move it to safe storage such as in the cellar to stop the bugger garnering fees that way.

[Loopster]

Re: Notice of distress warrant I knew nothing about!!

[QUOTE=CleverClogs;397211]You omitted that it is not your house and that the householder - who owes nothing to the court - does not wish them to enter.

Is it worth including this in an the email, and over the phone to the court also?

Garden is pretty empty, unless they want a dog chew or hanging baskets with last summers flowers in it, think there is a broom to.

[CleverClogs]

Re: Notice of distress warrant I knew nothing about!!

You omitted that it is not your house and that the householder - who owes nothing to the court - does not wish them to enter.

Is it worth including this in an the email, and over the phone to the court also?

Not really - I just meant it as part of your patter should a gargoyle from Collectica come calling.

[bluebottle]

Re: Notice of distress warrant I knew nothing about!!

Thanks for the advice bluebottle. I shall send an email in the morning. I will also ring the court again and advise them on what I have done, acquire a name for reference purposes and have a chat regarding the enforcement notice. The court team is the best to engage with, initially. Should things need escalating, there are higher levels within HMCTS to which you can refer the matter. However, the staff at Worcester Magistrates Court appear to be on the ball, which is a refreshing change, so, hopefully, there should be no need to escalate the matter to a higher level.

Yeah, I have read so many stories about them threatening with locksmiths, get the police to allow them in and allsorts, even though the police can only be there to prevent breach of peace yes? Or because it's an unpaid magistrates fine I was clueless about can they authorize entry? I don't really get intimidated very easily, and have spent a short time in the Royal Marines, so staying disciplined in certain situations is one of my strong points. Any police officer who assists a certificated bailiff to gain entry without having checked the bailiff has a right or power in law to enter is not fit to hold a warrant card and is, technically and legally, breaking the law by doing so. A certificated bailiff acting on behalf of HMCTS can only force entry in cases of those defendants who won't pay, not those who can't pay, and must, in any case, obtain authorisation from a named officer at the court of issue. Likewise, a bailiff must not push past a person or assault them in order to gain entry. HMCTS have a zero tolerance of certificated bailiffs gaining entry in this way. As a former Bootneck, you will probably know how to defend yourself and the property in which you are currently residing should this become necessary, though, hopefully, it will not.

However, I expect it will give the bailiff something of a surprise to find themselves flying through the air after you have inserted the toe of a DMS boot in their backside to the top lacehole. I can't remember if bailiffs make a thud or a crunching sound as they hit the ground after such a flight.:santa2:

I have a camera which has been charged fully for recording purposes, should they come knocking and I do communicate with them via the letterbox? Yes. Do not open the door to them and keep windows closed and locked also. However, the email advising Collectica of the SD hearing should mean any visit they make could be deemed unnecessary and vexatious. If the court has suspended enforcement action, a bailiff would be acting outside the law. Suspension of the execution of a warrant means the bailiff has no lawful authority to act until such time as the court lifts the suspension.

I will request proof of I.D... Ask the bailiff to produce their certificate for inspection. They know they must do this. Any refusal should be met with "Am I to understand you are refusing to produce your certificate for inspection in response to my reasonable request for you to do so?" I find that usually shuts them up or they turn and go, emitting a series of grunts.

...proof of costs... £300 is the maximum they can legitimately claim under the HMCTS contract.

...proof of bailiff certificate, who the issuing authority is... See above. The issuing authority is the county court that granted the certificate.

...when the order was made.... This will be on a facsimile document they should carry with them or can produce.

...where their genuine signed warrant is... Worcester Magistrates Court. Make an appointment with the court staff to go in and view it should you need to do so.

I have read many stories about fake warrants also. Could you advise on this matter please? There were some dodgy-looking documents going around purporting to be distress warrants, but HMCTS has confirmed these are facsimile documents and comply with Criminal Procedures Rules 2011, Rule 52.8.

Did I miss anything? If you think of anything, come back onto the thread.

Thanks once again, You're welcome.

Loopster

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[Loopster]

Re: Notice of distress warrant I knew nothing about!!

Happy Xmas Eve everyone!!

Rang the enforcement office at Worcester Magistrates Court literally 10 minutes ago. A lovely woman, who's name I have noted down, has fully updated my account regarding the warrant, and am pleased to say that the warrant has been suspended until after the Statutory Declaration date, which is 2nd January 2014 at Worcester Magistrates Court.

I will email Collectica of this, also I will write a letter stating this, and run up the Post Office in a sec, so they have no excuse if anybody turns up at my door. Just incase they still do, I will note down what you have advise in your previous reply BlueBottle. Roger, give them a foot up the a*** honking pieces of kit. Hoofing effort by all. Really appreciate everyones great advise.

Thanks again

Loopster

[bluebottle]

Re: Notice of distress warrant I knew nothing about!!

Happy Xmas Eve everyone!!

Rang the enforcement office at Worcester Magistrates Court literally 10 minutes ago. A lovely woman, who's name I have noted down, has fully updated my account regarding the warrant, and am pleased to say that the warrant has been suspended until after the Statutory Declaration date, which is 2nd January 2014 at Worcester Magistrates Court.

I will email Collectica of this, also I will write a letter stating this, and run up the Post Office in a sec, so they have no excuse if anybody turns up at my door. Just incase they still do, I will note down what you have advise in your previous reply BlueBottle. Roger, give them a foot up the a*** honking pieces of kit. Hoofing effort by all. Really appreciate everyones great advise.

Thanks again

Loopster

Full marks to the staff at Worcester Magistrates Court.

Suspension of the warrant is what normally happens when a situation arises where a warrant has been issued and the defendant knows nothing about the proceedings relating to it.

It would be a good idea to email Collectica just to make sure they know the warrant has been suspended, even though the court will also contact Collectica. he reason for this is because Collectica appear to have a problem understanding the phrase "Enforcement action is suspended." There have been cases where Collectica have turned up on defendants' doorsteps, even though the warrant has been suspended and Collectica have known about it.

Have a Happy Christmas, Loopster and, hopefully, a peaceful New Year.