Bailiff threat

[Sophia]

Hi
I do apologise I have just joined this site as I need advice, I received a big fine due to non payment of a TV licence, I didn't send the letter re finance back to court and so was given a big fine that was out of my means, I didn't pay so my own fault that the fine was handed to Collectica bailiffs, I organised payment of 20 a week and have missed numerous payments, I received a letter today saying

NOTICE OF INTENTION TO ENTER & SEARCH YOUR PREMISES - REMOVAL NOTICE

Due to your failure to pay an outstanding Magistrate court fine a bailiff, under the instructions of Her Majesty's courts and tribunals service has attended your premises today with the intention of levying distress and removing your goods.

The Magistrates Distrss Warrant empowers the Bailiff from Collectica, by virtue schedule 4A of Domestic Violence, crime and victims Act 2004, to enter your premises by force should you wilfully refuse to pay the outstanding fine and costs.

To prevent the removal of your goods and expensive additional removal costs you must make immediate payment to the bailiff. Failure to do so will result in bailiff re attending your premises with locksmith and the police to remove your goods even in your absence.

I just want some advice please, I know it's my fault for not sorting this out at the beginning and letting it escalate but I'm very frightened, I'm a single mum with 2 children with disabilities and I'm unemployed. I could get the outstanding fine and costs which is now £550 some how but that would mean oweing others, please help as my own distress at this is making my children distressed,

thank you, I do apologise if I did this wrong.

[bemusedconfused]

Re: Bailiff threat

I had this happen years ago, I can't remember if it got to your stage however I called my local courts up, told them my situation and they offered me one last repayment plan of 40 a month on a fine of 210. I would suggest you call them as mine also got sent to collectica, which i ignored and went straight to the court.

[Sophia]

Re: Bailiff threat

Hi thank you for getting back to me, Ive just phoned the courts and they havs said once it goes to the bailiffs it is out of their hands, Ive emailed the bailiffs with another payment option plan, but they haven't yet replied, the wait is scary, my worry is if they break in tomorrow if I dont answer the door, my kids are here off school as its half term..

[bluebottle]

Re: Bailiff threat

Hi thank you for getting back to me, Ive just phoned the courts and they havs said once it goes to the bailiffs it is out of their hands, Ive emailed the bailiffs with another payment option plan, but they haven't yet replied, the wait is scary, my worry is if they break in tomorrow if I dont answer the door, my kids are here off school as its half term..

Who is your local police force, please? I need this information to provide you with contact details for the HMCTS Area Enforcement Team for your area. I also need the name of the magistrates court involved. Have you asked for a Means Hearing and has the court refused? What is you disability, please? The fact you are a single parent, unemployed and disabled means you are probably within the vulnerable category.

[Sophia]

Re: Bailiff threat

Hi Bluebottle the police are Coventry, West Midlands, I've two children who both get DLA, I get income support..

After researching online I made a complaint to collectica as the bailiff handed my 11 year old son the letter, I also said I was only responsible to pay what I was adjudged to pay by Coventry Magistrates Court, today I recieved a letter, saying they need proof of vulnerable household, they spoke to bailiff and she saif she posted letter through letterbox which they took her word for it, but my 16 year old son also witnessed it, they are demanding I pay their fees, I am happy to pay what I owe to courts but not them..

[bluebottle]

Re: Bailiff threat

Hi Bluebottle the police are Coventry, West Midlands, I've two children who both get DLA, I get income support..

After researching online I made a complaint to collectica as the bailiff handed my 11 year old son the letter, I also said I was only responsible to pay what I was adjudged to pay by Coventry Magistrates Court, today I recieved a letter, saying they need proof of vulnerable household, they spoke to bailiff and she saif she posted letter through letterbox which they took her word for it, but my 16 year old son also witnessed it, they are demanding I pay their fees, I am happy to pay what I owe to courts but not them..

Thank you. Coventry is in Warwickshire, but Warwickshire and West Midlands share the same HMCTS team. You need to ring 0121 212 6666, option 3. This will take you through to the Fines Helpline. They should be able to help you, but you should try and ask if you can be put in touch with the HMCTS Senior Enforcement Manager or Service Delivery Manager for Warwickshire and West Midlands. Make it clear that the bailiff broke the rules. Collectica know very well that if someone under the age of 16 years is the only person at home when they call at a house or other residence, they enquire as to when the debtor will be at home and then leave. In the case of a person below the age of 12 years, they are supposed to walk away without even speaking to them. Collectica are well-known for breaking the rules and need kicking into line.

[Milo]

Re: Bailiff threat

Sorry everyone but Sophia needs help with her immediate problem and one line comments about bailiff companies is not helping her.

Sophia,

Unfortunately, the position that we are in at the moment is that HMCS have had serious complaints made against them from the likes of the Audit Commission regarding the disturbing level of court fines that are currently outstanding against fine defaulters (currently around £1.5 billion).

The court system has failed to collect these fines but worryingly, (and you have confirmed this yourself) there is growing concern at the failure of debtors to respond to summonses, complete Means Enquiry Forms, respond to Further Steps Notices etc. The government are therefore putting immense pressure on the bailiff companies to collect these fines.

In your case, you are CLEARLY classed as 'vulnerable' and I would be SHOCKED if Collectica had continued to pursue this fine if you have provided EVIDENCE of 'vulnerability'. Can you confirm is you had provided evidence and if so, what did you send to them?

I have a commercial business and I can assure you that bailiff companies receive so many letters and emails to state that a debtor is 'vulnerable' and yet....they provide NO EVIDENCE in support.

I want to assure you and anyone else reading this thread that almost all companies have Welfare Depts (some may call them something else) and these departments deal with 'vulnerable' cases all day long.

If the company are satisfied that you are 'vulnerable' then this will enable them to return the account back to the court. The bailiff fees will be removed. Courts take a very dim view of companies that return warrants back to the court without good reason.

In your case, and given your circumstances, if the case is returned you need to then contact the court (this will be for YOU to do) and to arrange to attend court to have your 'means' taken into consideration. The court will very likely 'remit' (write off) part of the fine. With regards to the balance, the court can then arrange for the fine to be deducted at source from your benefits. The MINIMUM amount of deduction permitted by any court is £5 per week (£20 per month).

[Amethyst]

Re: Bailiff threat

Thanks Milo, agreed, and moved posts to a 'discussion' thread separately so the OP's thread can be used to help her with her specific issue. Sharon xx

[bluebottle]

Re: Bailiff threat

Sorry everyone but Sophia needs help with her immediate problem and one line comments about bailiff companies is not helping her.

Sophia,

Unfortunately, the position that we are in at the moment is that HMCS have had serious complaints made against them from the likes of the Audit Commission regarding the disturbing level of court fines that are currently outstanding against fine defaulters (currently around £1.5 billion).

The court system has failed to collect these fines but worryingly, (and you have confirmed this yourself) there is growing concern at the failure of debtors to respond to summonses, complete Means Enquiry Forms, respond to Further Steps Notices etc. The government are therefore putting immense pressure on the bailiff companies to collect these fines.

In your case, you are CLEARLY classed as 'vulnerable' and I would be SHOCKED if Collectica had continued to pursue this fine if you have provided EVIDENCE of 'vulnerability'. Can you confirm is you had provided evidence and if so, what did you send to them?

I have a commercial business and I can assure you that bailiff companies receive so many letters and emails to state that a debtor is 'vulnerable' and yet....they provide NO EVIDENCE in support.

I want to assure you and anyone else reading this thread that almost all companies have Welfare Depts (some may call them something else) and these departments deal with 'vulnerable' cases all day long.

If the company are satisfied that you are 'vulnerable' then this will enable them to return the account back to the court. The bailiff fees will be removed. Courts take a very dim view of companies that return warrants back to the court without good reason.

In your case, and given your circumstances, if the case is returned you need to then contact the court (this will be for YOU to do) and to arrange to attend court to have your 'means' taken into consideration. The court will very likely 'remit' (write off) part of the fine. With regards to the balance, the court can then arrange for the fine to be deducted at source from your benefits. The MINIMUM amount of deduction permitted by any court is £5 per week (£20 per month).

The trouble with Collectica, Milo, is that they continue with enforcement action, regardless, even when HMCTS has told them enforcement action is suspended. In one case on Legal Beagles, an HMCTS Area Enforcement Team found out Collectica had clearly lied to them about a defendant and promptly pulled the distress warrant altogether. The fact Collectica is owned by Serco should tell you something.