Help with Collectica enforcement

[squeezylouisey]

Hello I was wondering if anyone could help me. I had a fine of 226 (roughly) from not having a tv licence. I missed my payments by honestly just forgetfulness. I didn't receive anything from them and around a month/2 after I got a Collectica enforcement letter explaining I needed to pay around 360 pound to them in behalf of the courts (distress warrant or something) I phoned them to try to get a payment plan set up. I explained I had 2 children, one of which is only a few months old and I am benefits the person I spoke to basically said I had to pay a minimum of 40 pounds a week in which I can't afford. She would not let me pay 5/10/15 a week in which I practically begged. And now I have had someone knock my door, i have a phobia anyway of answering doors when my partner isn't home so ignored it and something was posted through my door. The envelope said 'posted by hand' and inside basically said I need to pay 512 immediately to the bailiff named above on behalf of Collectica or he will be back to enforce entry even in my absence will use a locksmith. Can anyone advise me on my rights I don't have a clue what to do. I am a young mum who's really scared I'm fed up of crying each day I'm terrified of being at home incase he gets in when I'm here. I just want to know my rights in payments in instalments and whether I have any chance of paying the original 226 or will I now have to pay the 512 including the costs of him coming out again etc.

[bluebottle]

Re: Help with Collectica enforcement

Okay. Which court imposed the fine and who is your local police force, please? What you have experienced is a very nasty tactic Collectica use and the Courts & Tribunals Service have taken a dim view of it in the past.

A few questions -

1. Were you in court when the fine was imposed?
2. Were your means examined?
3. Did you receive a reminder from the court?
4. Did you receive a document called a Further Steps Notice?
5. Are you under medical treatment or supervision for your phobia?
6. When did you give birth to your youngest child?
7. How much of the original fine of £226 have you paid?

Sorry to ask these questions, but this sounds like it is going to be a case of moving quickly.

[squeezylouisey]

Re: Help with Collectica enforcement

Hello thank you for getting back to me. I had a tv licence person come to my house. I had a letter for court but stated I didn't haveto attend in which ididnt. If was my local magistrates court. I received a letter about payment ofthe fine I was given, I rang them and they contacted the job centre to ask for them to deduct so much from me but as our claim for jsa is in partners name it was declined so I then agreed a payment of 10 per week. I paid roughly 20. I haven't received reminders just a letter from Collectica. No I'm not under any medical treatment I haven't even seen a dr about this, I'm very much a quiet person who gets on with it instead of getting treatment. (my fault I know) my youngest is now coming up to 6 months old.

[squeezylouisey]

Re: Help with Collectica enforcement

Also west mercia police

[bluebottle]

Re: Help with Collectica enforcement

Hello thank you for getting back to me.

I had a tv licence person come to my house. aka a Telly Goon.

I had a letter for court but stated I didn't have to That is unlawful as you have been tricked out of your right to a fair hearing by Capita, a private company that runs TV Licensing on behalf of the BBC and whose staff have been caught do some very naughty things. Those of them who have been caught and prosecuted are currently languishing in H.M. Holiday Camps or cleaning graffiti off walls, wearing a hi-viz vest with Community Payback on the back panel.

in which ididnt. If was my local magistrates court. I received a letter about payment ofthe fine I was given, I rang them and they contacted the job centre to ask for them to deduct so much from me but as our claim for jsa is in partners name it was declined so I then agreed a payment of 10 per week. I paid roughly 20. I haven't received reminders just a letter from Collectica. No Further Steps Notice (a legal requirement)? If not, enforcement action is unlawful. Have you changed address in the meantime?

No I'm not under any medical treatment I haven't even seen a dr about this, I'm very much a quiet person who gets on with it instead of getting treatment. (my fault I know) my youngest is now coming up to 6 months old. How many weeks since birth? You are classed as vulnerable up to 26 weeks following the birth. You need to move fast to be classed as vulnerable. If you don't, you are fair game for Collectica.

Responses in red text.

[Sir Vere Brayne d'Emmidge]

Re: Help with Collectica enforcement

Hello SqueezyLouisey, and welcome to LB.

You mentioned that you told the goons at Collectica that you are on benefits, what are they?

And if your child is less than 26 weeks old you are definetely vulnerable and they should withdraw for the time being.

[squeezylouisey]

Re: Help with Collectica enforcement

He is 28 weeks and I claim jsa (partner claims for us) child tax and child benefit. I moved address when I was pregnant Feb 2013 I received the fine letter in my new address in November 2013 Collectica letter was December 2013 bailiff was last week. Tv licence person came out beforehand in old address dating back 2012!!

[CleverClogs]

Re: Help with Collectica enforcement

How much would the child fetch at auction?

[bizzybob]

Re: Help with Collectica enforcement

How much would the child fetch at auction?

Depends if 5the local Social services wanted a child to sell for adoption in a hurry, and get Bliar's baby bonus for taking children for adoption

[bluebottle]

Re: Help with Collectica enforcement

It sounds like Crapita are up to their usual trick of obtaining convictions by telling people not to attend court. Reason? Probably, they know that if their cases were put to the test required by a magistrates court, i.e. beyond all reasonable doubt, they are likely to be thrown out. A case of ut succendam in ea sedit et de tuo, Crapita.

On a serious note, the court should have called the OP in to swear a Statutory Declaration and set aside the conviction. The OP's rights under Article 6 of the Rome Convention have been violated and I suspect HMCTS knows this. However, in my experience, HMCTS Area Enforcement Teams tend, on the whole, to be more savvy and knowledgeable about this than many court staff and, if approached correctly, should, at the very least, suspend all enforcement action.

[squeezylouisey]

Re: Help with Collectica enforcement

How rude to make remarks like this when people ask for help!

[CleverClogs]

Re: Help with Collectica enforcement

How rude to make remarks like this when people ask for help!

I apologise for my rather mordant jest.

The bailiff, of course, is no longer allowed to seize children to be auctioned, even in settlement of a fine.

[bluebottle]

Re: Help with Collectica enforcement

He is 28 weeks and I claim jsa (partner claims for us) child tax and child benefit. I moved address when I was pregnant Feb 2013 I received the fine letter in my new address in November 2013 Collectica letter was December 2013 bailiff was last week. Tv licence person came out beforehand in old address dating back 2012!!

You can claim vulnerable status for 26 weeks following the birth of a child. So you are two weeks beyond the cut-off point. However, telling you not to attend court is not only morally wrong, but unlawful and, potentially, illegal. This is why you need to contact the Area Enforcement Team. Could you indicate which magistrates court imposed the original fine?