Help regarding Collectica bailiffs

[Swiftyboy]

I'm writing in the hope ill get some help as I'm getting really frustrated 6 months down the line after the original bailiff visit demanding money with a distress warrant. Basically, I had paid the original speeding fine, on time and in full so argued for over an hour that I didn't owe the money. They refused to call the court or their office to try and find confirmation. They lodged their boots in my door and this resulted in £600 worth of damage as we pushed against each other and the two bailiffs refused to leave until I paid £400 cash. They were intimidating to my Wife and baby Daughter, resulting in being very upset. They threatend to tow my car which I need for work. I lost half a day at work, and spent a fortune on the phone trying to get help and advice. I eventually got confirmation from the court that the warrant was issued incorrectly. Collectica are refusing to pay for our door despite telling them I have video evidence of them both lodging their boots inside our property. I've been to the police FOUR times and they keep fobbing me off saying its a CIVIL case, not criminal. Since when was criminal damage not a crime? I'm determined to get compensation as we have a damaged door, loose on its hinges and nobody admitting blame. Incidentally, we had to pay the cash just to make them leave and we had it refunded two weeks later from Collectica with not even an apology. I now have ANOTHER bailiff on my case for another case, I AM NOT responsible for, and again have proof of this. Any advice will be greatly appreciated

[bluebottle]

Re: Help regarding Collectica bailiffs

I'm writing in the hope ill get some help as I'm getting really frustrated 6 months down the line after the original bailiff visit demanding money with a distress warrant. Basically, I had paid the original speeding fine, on time and in full so argued for over an hour that I didn't owe the money. They refused to call the court or their office to try and find confirmation. They lodged their boots in my door and this resulted in £600 worth of damage as we pushed against each other and the two bailiffs refused to leave until I paid £400 cash. They were intimidating to my Wife and baby Daughter, resulting in being very upset. They threatend to tow my car which I need for work. I lost half a day at work, and spent a fortune on the phone trying to get help and advice. I eventually got confirmation from the court that the warrant was issued incorrectly. Collectica are refusing to pay for our door despite telling them I have video evidence of them both lodging their boots inside our property. I've been to the police FOUR times and they keep fobbing me off saying its a CIVIL case, not criminal. Since when was criminal damage not a crime? I'm determined to get compensation as we have a damaged door, loose on its hinges and nobody admitting blame. Incidentally, we had to pay the cash just to make them leave and we had it refunded two weeks later from Collectica with not even an apology. I now have ANOTHER bailiff on my case for another case, I AM NOT responsible for, and again have proof of this. Any advice will be greatly appreciated

Hi and welcome to Legal Beagles.

As far as the damage to the door goes and the admission of the court the Distress Warrant was incorrectly issued, you should submit a claim to -

Correspondence, Complaints and Litigation Unit
H.M. Courts and Tribunals Service
102 Petty France
London
SW1H 9AJ

You are entitled to claim for the damage to the door and phone calls.

I would send a DVD of the bailiff's foot in the door with your complaint. That should go down very well with HMCTS, not.

Could you please post up details of this other case. if it is Collectica who are involved, you might as well make it worth your while hanging them.

[ploddertom]

Re: Help regarding Collectica bailiffs

I wouldn't prat about but just issue a N1 through the County Court. That should focus their minds.

[bluebottle]

Re: Help regarding Collectica bailiffs

Because there is fault on the part of HMCTS - a court wrongly-issued a distress warrant - the matter should be referred to HMCTS Correspondence, Complaints and Litigation Unit in the first instance, especially as Collectica were acting on behalf of HMCTS and there is a question of compensation.

If the OP is agreeable, I can draw this matter to the attention of a contact I have at HMCTS by providing them with a link to this thread.

Also, could the OP please give details of the other matter so advice can be given for that.

[Swiftyboy]

Re: Help regarding Collectica bailiffs

I wouldn't prat about but just issue a N1 through the County Court. That should focus their minds.

Whats an N1 please?

[bluebottle]

Re: Help regarding Collectica bailiffs

Whats an N1 please?

It's the Court Form used to make a civil money claim against someone or a company.

[bizzybob]

Re: Help regarding Collectica bailiffs

The NI could always be an option if complaints to HMCS get nowhere, imagine a bailiff attempting to get past the security goons at the mag court to seize goods. Poetic Justice?

[bluebottle]

Re: Help regarding Collectica bailiffs

The NI could always be an option if complaints to HMCS get nowhere, imagine a bailiff attempting to get past the security goons at the mag court to seize goods. Poetic Justice?

I would think HMCTS are likely to take this matter seriously, BB. The enforcement action was unlawful from the outset and has been confirmed by the court admitting the warrant was incorrectly/wrongly-issued.

[bizzybob]

Re: Help regarding Collectica bailiffs

I would think HMCTS are likely to take this matter seriously, BB. The enforcement action was unlawful from the outset and has been confirmed by the court admitting the warrant was incorrectly/wrongly-issued.

It would appear that HMCS are waking up to the fact their appointed agents are out of control, and Marstons and Collectcack are now loose cannons.

[bluebottle]

Re: Help regarding Collectica bailiffs

It would appear that HMCS are waking up to the fact their appointed agents are out of control, and Marstons and Collectcack are now loose cannons.

HMCTS Area Enforcement Teams are beginning to learn exactly what they are like. The East Midlands Team found out what sort of low-life Collectica are and recalled a distress warrant. That team was brilliant - you couldn't wish for more helpful people. A lot of court staff are getting mightily pissed-off with Marstons. Ring a lot of courts and mention Marstons' name and the reaction is, "Oh. Them."

[Swiftyboy]

Re: Help regarding Collectica bailiffs

Because there is fault on the part of HMCTS - a court wrongly-issued a distress warrant - the matter should be referred to HMCTS Correspondence, Complaints and Litigation Unit in the first instance, especially as Collectica were acting on behalf of HMCTS and there is a question of compensation.

If the OP is agreeable, I can draw this matter to the attention of a contact I have at HMCTS by providing them with a link to this thread.

Also, could the OP please give details of the other matter so advice can be given for that.

I would really appreciate that if you don't mind. I haven't a clue what I'm doing with regard to who to write/complain to, so all help is appreciated. I'm not going to let this go until someone is held accountable!

Could someone please clarify the actual rule regarding distress warrants please? On reading threads on the Internet, people say that bailiffs try to use a clause relating to domestic violence as a reason for forced entry? I've been told on more than one occasion that two bailiffs lodging their boots inside my property is totally against the law and should be punished? What is the actual law with regard to them not allowing me to close my door and causing damage to it?

Thanks again in advance

[bizzybob]

Re: Help regarding Collectica bailiffs

They should enter peacefully and a foot in the door is classed as a forced entry, problem is proof so a video at the time is helpful, however for a magistrates court fime even TV License or speeding the likes of Marstons will quote Section 27 Schedule 4a of the Domestic Crimes and Violence Act 2004 as their reason. I beleive bailiffs have used this to try to force entry to a Womens Refuge for a TV Tax fine.

[bluebottle]

Re: Help regarding Collectica bailiffs

They should enter peacefully and a foot in the door is classed as a forced entry, problem is proof so a video at the time is helpful, however for a magistrates court fime even TV License or speeding the likes of Marstons will quote Section 27 Schedule 4a of the Domestic Crimes and Violence Act 2004 as their reason. I beleive bailiffs have used this to try to force entry to a Womens Refuge for a TV Tax fine.

There appears to have been a spate of incidents coming onto the LB forums involving Marstons misrepresenting their powers lately, BB. I have a feeling that this sort of behaviour is, eventually, going to bring HMCTS and the justice and court system into disrepute, as well as exposing HMCTS, which is funded by us, the taxpayer, to litigation with all of its attendant costs.

Swiftyboy,

I have emailed the contact at HMCTS with a link to this thread so they can see what has happened. I would suggest you start drafting a claim to send to the address I posted earlier in this thread. If you need any help, just ask.

[Swiftyboy]

Re: Help regarding Collectica bailiffs

There appears to have been a spate of incidents coming onto the LB forums involving Marstons misrepresenting their powers lately, BB. I have a feeling that this sort of behaviour is, eventually, going to bring HMCTS and the justice and court system into disrepute, as well as exposing HMCTS, which is funded by us, the taxpayer, to litigation with all of its attendant costs.

Swiftyboy,

I have emailed the contact at HMCTS with a link to this thread so they can see what has happened. I would suggest you start drafting a claim to send to the address I posted earlier in this thread. If you need any help, just ask.

Thanks very much Wolfhound. Let me know if they come back to you

[bluebottle]

Re: Help regarding Collectica bailiffs

Thanks very much Wolfhound. Let me know if they come back to you

Did the bailiff ring the court before proceeding his wrecking spree? If he did not, Collectica are fully liable for the damage he caused. However, so is the court for issuing a distress warrant they did not have lawful authority to issue.

I would make a start on formulating a claim to submit to HMCTS headquarters in London.