Collectica Enforcement Services are trying to ruin my life help!!!!!!

[Little Miss]

Re: Collectica Enforcement Services are trying to ruin my life help!!!!!!

Little Miss,

Thank you so much for updating this thread regarding your problem with Collectica/Marston.

It is such a shame that you took notice of the bad advice from a 'friend' to put a Notice of Removal of Implied Right of Access at your front door and secondly, to pay the amount of the fine only into the HMCS 'drop box'. Such 'advice' is commonly given out by internet sites that support the Freeman on the Land (and other such movements) and not surprisingly, are seen by enforcement companies as tactics designed to evade paying bailiff fees.

Almost daily reports are now being seen on forums where courts are advising debtors that they cannot accept payment once a warrant has been issued and that if payment has been made into the 'dropbox' that letters are received from the courts advising that the payment has been forwarded to the enforcement company.

You state that after the experience of having to pay the bailiff that you now plan to get all the help and knowledge you can to help others that may be going through the same problem.

By far the best advice is firstly never to allow a TV Enquiry Agent into your home. This is perfectly legal.

Next, if you receive a summons....reply to it and provide the court with a completed Income & Expenditure. The fine will then be set at a rate that is affordable.

Also, in your case you need to find out why you had not received an initial letter from Collectica. The bailiff fees at that time (March 2014) should have been £85.

Thanks a lot for your reply,
I have to agree with your advice of never letting a TV agent into your home...sadly I learnt this the hard way and I learnt it too late and next time I get a court summons (I hope not!) I will not bury my head in the sand but instead will do all I can to never get into a situation like this again.
You live and you learn....sigh!

[Little Miss]

Re: Collectica Enforcement Services are trying to ruin my life help!!!!!!

yes this is the case

[Little Miss]

Re: Collectica Enforcement Services are trying to ruin my life help!!!!!!

I am sorry to say that you came to this forum to get advice, you did not heed any of it and you ended up paying more money than you shold have done.

May this thread be a warning to anyone who thinks that Enforcement Agents will turn around and walk away if they see a "right of access removed" notice, oddly enough it just spurs them on to be less reasonable than they might have been if not rubbed the wrong way up!

I came to this forum for advice yes its true, but its not that I didn't heed it you got that part wrong.
the way I see it is no one heeded what I said when I said I was living hand to mouth with nothing waiting for my student loan, but it seemed as if all everyone kept advising me to do was to phone the courts or to phone this person and that person but I had no means of doing that.
Also people were kindly offering me their advice on this topic and then you had other people blasting it as poor advice, with the little knowledge I had of the law then what or who's advice was I supposed to follow?
I was also advised to stop going to Waitrose and to go to Aldi instead but I have never set foot in a Waitrose before in my life.
As for the removal of implied access notice I found that it actually worked on everybody else but the court appointed bailiffs I was given the impression that it applied to all

[Little Miss]

Re: Collectica Enforcement Services are trying to ruin my life help!!!!!!

There appears to be some errors with the figures qutoted by you.

You have said above that before displaying the notice or taking the payment to the court that Marston's had added £399 to the account "for themselves". Given that this debt was before the new regulations came into effect on 6th April the fees at that time were £85 when sending a letter and £215 for making a personal visit making a total of £300. The fine amount was £99 making a total of £399. As mentioned above, you need to make enquiries as to why you had not received an initial letter.

You then say that you ended up paying the individual bailiff (Warren Donnelly) £500. This does not seem right at all and you need to find out why you were asked to pay this much. The correct figure should have been £300.

I ended up paying Warren Donnelly £410 that day but he also had the £99 I paid to the courts passed onto him

[Little Miss]

Re: Collectica Enforcement Services are trying to ruin my life help!!!!!!

Sound advice from the last 2 posters. The easiest way to avoid any Bailiff fees is to pay the fine once its set by a Court putting silly notices on doors and calling Bailiffs names does not make the fine and fees go away.

My only problem is with Bailiffs who bend the rules and charge excessive unlawful fees no need for this there are other ways to pay a fine but the Courts need information before a Bailiff gets involved.
As much as we hate the Bailiff system until its reformed anyone dealing with them needs to know they are acting within the law until they stray from this nothing makes them go away if THEY want their money

I've said it many times before in this post that the fine wasn't paid, because I didn't have the means too, it wasn't that I was not trying to pay the courts but I was waiting on my student loan at the time and did not have the money to give them.

And who said anything about me calling the bailiffs any names??!!

[Little Miss]

Re: Collectica Enforcement Services are trying to ruin my life help!!!!!!

Overall and to be honest, I don't think there is any advice on here about how to go about dealing with court bailiffs except the usual of don't open your doors to them. It seems to me that once you get a court fine there is no template letter to send or anything that can help you get out of paying the amount they say you owe regardless.

And I'm thinking to myself that maybe, just maybe I can research the laws and stuff on this in order to help other guys on here that might go through the same thing I did. But I'm still so very new to all this so I'm going to need your help and advice guys.

Once again thank you all for commenting on this post all your advice is very much appreciated :okay:

[wales01man]

Re: Collectica Enforcement Services are trying to ruin my life help!!!!!!

The best way to avoid Bailiffs and the good and bad advice you feel you have got on here is not to get fined in the first place.
As for the Bailiffs ruining your life they only came on the scene because you failed to pay a fine they like you when you have a Job after doing your degree are doing what they are paid to do.
If you feel they have mistreated you and done anything illegal consult a Solicitor.

Believe me I dislike Bailiffs as much as most LBers but they are a fact of life when anyone fails to pay a Fine or similar

[bluebottle]

Re: Collectica Enforcement Services are trying to ruin my life help!!!!!!

You are told, in the Notice of Fine and Collection Order sent to you, that if your financial circumstances change, you should contact the court straightaway. The courts have been given the power to vary the amount being paid towards a fine and the frequency at which it is paid. The legislation is the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which stems, in part, from a Judicial Review in which H.M. Courts and Tribunals Service got a right royal roasting from the High Court.

[Sir Vere Brayne d'Emmidge]

Re: Collectica Enforcement Services are trying to ruin my life help!!!!!!

I ended up paying Warren Donnelly £410 that day but he also had the £99 I paid to the courts passed onto him

Looks like the EA added £110.00 removal fee

[truthandpeaceforever]

Re: Collectica Enforcement Services are trying to ruin my life help!!!!!!

[QUOTE=Little Miss;415934]I was fined for not having a TV license which I hold my hands up for and admit my guilt , money was tight and I was living hand to mouth and on income support as a single mother so couldn't afford it. I didn't attend court but was fined in my absence £200 and something pounds which came out in my income support each week, but when my child reached 5 years old my income support was changed over to jobseekers allowance and I noticed the payments stopped and so I assumed the court fine was paid.