How to deal with Collectica (court fines)?

[Nathaniel M]

Hi

I recently set up a weekly payment plan with HM Court & Tribunals Service over unpaid court fines dating back to 2006 (the original reason was an unpaid public transport fine - I moved flats in late 2006, disappeared from their radar, and forgot about it until they found me again earlier this year).

Unfortunately I fell behind by two weeks, and - not expecting it to be a big deal - paid a higher amount in one batch two weeks later. In response, I received a letter from HM Court & Tribunals Service saying that the payment has now been forwarded to Collectica Enforcement services for enforcement of the outstanding amount due - there is now a 'Warrant of Control' issued against me. I called HM Court & Tribunals Service, but they said they could not do anything about it at this stage.

Reading up about Collectica on the web and learning about their often thuggish and fraudulent practices makes my skin crawl. I really don't want to end up in a situation where I have outlandish fees added by Collectica, 7 day notices mailed deliberately late, or bailiffs breaking into my flat to remove my possessions (apparently, they do have a right to force their way in when it comes to court fines and unpaid council tax - the two big exceptions).

Ideally, I would like to arrange a realistic payment plan with Collectica (I am a self-employed translator in my first year and earn very little at this stage - below jobseeker's allowance levels, to be frank). What is the best way to go about this while avoiding being defrauded, intimidated etc by Collectica? What kind of payment plan can I realistically expect?

I am looking at 175 pounds (plus I expect Collectica to add a 75 'fee' - any way to avoid this?). I have not received any letter from them directly yet - I only know from HM Court & Tribunals Service that my case is with them.

Thanks.

[bluebottle]

Re: How to deal with Collectica (court fines)?

Civil enforcement companies under contract to HMCTS can force entry for unpaid court fines, but not CT arrears. They require a signed order from a judge to force entry for CT, subject to certain conditions being met.

Have you ever received a document called a Final Steps Notice from HMCTS? This is a legal requirement and if not sent to a fine defaulter means any enforcement action is open to challenge.

[Nathaniel M]

Re: How to deal with Collectica (court fines)?

Yes, I got one from the collection & compliance centre entitled Further Steps Notice (not Final Steps Notice), listing all the steps that might be taken against me if I fail to make payment as directed (including imprisonment in case all other measures fail).

Upon receiving it, I called them and arranged a weekly payment plan. When I fell behind with my payments by two weeks, they issued the Warrant of Control and entrusted the matter to Collectica Enforcement Services.

[Nathaniel M]

Re: How to deal with Collectica (court fines)?

Just came back from the Citizens Advice Bureau. The adviser gave me a form called 'Your personal budget sheet' (issued by the National Debt Line) to fill in my earnings and expenses and send it to Collectica when I hear from them.

I was also advised to include an offer letter stating what I can realistically pay - based on my low income, this might be as little as 1 pound/month. Apparently, they will have to accept this - they "cannot just enter" and take my possessions if I communicate with them and make some kind of offer (I presume that's because they are unlikely to get a court order in that case).

If and when Collectica try anything dodgy, I should come back to the bureau.

Now, what I'd like to know:

1) Is the information I received accurate?
2) How likely are Collectica to accept this kind of offer without trying anything shady?
3) Shall I wait till I get a notice from Collectica (they haven't contacted me directly yet) or best call them now and tell them I'm sending an offer?
4) Is there a way at this stage to avoid the 75 pounds fee that Collectica routinely add?

Thanks.

[bluebottle]

Re: How to deal with Collectica (court fines)?

If your circumstances have changed since you last made regular payments, have you informed the court of this? Also, was the fine a Fixed Penalty or did the case go to court?

[Nathaniel M]

Re: How to deal with Collectica (court fines)?

My circumstances haven't changed since then. My agreed payment plan with HMCTS was fair enough - 5 pounds a week. It really was just a matter of me forgetting to go to the post office to pay for a couple of weeks, and then paying two weeks' worth at once... alas, by that time it was too late as they had already forwarded the case to Collectica. I tried to explain on the phone, but HMCTS said they couldn't change that now.

I can't remember what kind of penalty the fine it was - too long ago (2006). I think originally it was a fixed fine, but then went to a magistrates' court when I didn't pay up. But by then, I had already moved and forgot all about it.

[Nathaniel M]

Re: How to deal with Collectica (court fines)?

Just an update on my situation and a question.

I have now received a Notice of Enforcement from Collectica asking my to pay the expected amount of 250 within 14 days.

Following my visit at the Citizens' Advice Bureau (see my earlier posts), I have filled in a budget summary (as issued by nationaldebtline.co.uk) and drafted a letter offering to make a token payment of £1/month for the next six months, stating I would get in touch if my circumstances change.

I also just called Collectica to notify them that I will be sending a letter making this exact offer. They said that £1/month will "not be an arrangement", the minimum being £50/month.

I outlined why I am not in a position to pay this amount. They said that "your personal circumstances do not come into it", and that I'm free to send the letter, but it would "not stop the bailiff".

I asked if they could send me this in writing, but was told that they could not do that.

Any idea it's true what he's telling me? Before replying, please remember that we're talking magistrates court fines, which are in many respects treated differently than other debt.

Thanks!

[bluebottle]

Re: How to deal with Collectica (court fines)?

Which magistrates court is involved? This is a common tactic of Collectica and has lead to HMCTS having to intervene in the past. If your circumstances are that you cannot afford what Collectica is demanding, ask the court for a Means Hearing.

[Sir Vere Brayne d'Emmidge]

Re: How to deal with Collectica (court fines)?

Just an update on my situation and a question.

I have now received a Notice of Enforcement from Collectica asking my to pay the expected amount of 250 within 14 days.

Following my visit at the Citizens' Advice Bureau (see my earlier posts), I have filled in a budget summary (as issued by nationaldebtline.co.uk) and drafted a letter offering to make a token payment of £1/month for the next six months, stating I would get in touch if my circumstances change.

I also just called Collectica to notify them that I will be sending a letter making this exact offer. They said that £1/month will "not be an arrangement", the minimum being £50/month.

I outlined why I am not in a position to pay this amount. They said that "your personal circumstances do not come into it", and that I'm free to send the letter, but it would "not stop the bailiff".

I asked if they could send me this in writing, but was told that they could not do that.

Any idea it's true what he's telling me? Before replying, please remember that we're talking magistrates court fines, which are in many respects treated differently than other debt.

Thanks!

Even the minimum mount agreed with a Court, to pay on an arrangement is £5 per week!

[Sir Vere Brayne d'Emmidge]

Re: How to deal with Collectica (court fines)?

Just came back from the Citizens Advice Bureau. The adviser gave me a form called 'Your personal budget sheet' (issued by the National Debt Line) to fill in my earnings and expenses and send it to Collectica when I hear from them.

I was also advised to include an offer letter stating what I can realistically pay - based on my low income, this might be as little as 1 pound/month. Apparently, they will have to accept this - they "cannot just enter" and take my possessions if I communicate with them and make some kind of offer (I presume that's because they are unlikely to get a court order in that case).

If and when Collectica try anything dodgy, I should come back to the bureau.

Now, what I'd like to know:

1) Is the information I received accurate? Not accurate at all, for enforcing a Warrant of Control issued by a Magistrate Court an EA can force entry to your property (subject to approval from the Court) by using a locksmith, whose cost (around £170) is chargeable to the debtor, i.e. you.
2) How likely are Collectica to accept this kind of offer without trying anything shady?Not likely at all, they will not accept less than a Court would (£5pw)
3) Shall I wait till I get a notice from Collectica (they haven't contacted me directly yet) or best call them now and tell them I'm sending an offer?
4) Is there a way at this stage to avoid the 75 pounds fee that Collectica routinely add?None whatsoever, in fact, if an EA visits your address, (if you are in they will speak to you, if not they will leave a notice of attendance) your debt will increase by £235

Thanks.

Responses in red above.

[Milo]

Re: How to deal with Collectica (court fines)?

Just an update on my situation and a question.

I have now received a Notice of Enforcement from Collectica asking my to pay the expected amount of 250 within 14 days.

Following my visit at the Citizens' Advice Bureau (see my earlier posts), I have filled in a budget summary (as issued by nationaldebtline.co.uk) and drafted a letter offering to make a token payment of £1/month for the next six months, stating I would get in touch if my circumstances change.

I also just called Collectica to notify them that I will be sending a letter making this exact offer. They said that £1/month will "not be an arrangement", the minimum being £50/month.

I outlined why I am not in a position to pay this amount. They said that "your personal circumstances do not come into it", and that I'm free to send the letter, but it would "not stop the bailiff".

I asked if they could send me this in writing, but was told that they could not do that.

Any idea it's true what he's telling me? Before replying, please remember that we're talking magistrates court fines, which are in many respects treated differently than other debt.

Thanks!

NathanielM

I am sorry but please do not take this reply the wrong way as it is not meant to be critical but merely to outline the correct position.

Firstly, I am worried that the advice given to you was to propose £1 per month. An unpaid court FINE is a priority debt given that it relates to a criminal offence. Even if a debtor is on the barest minimun wage or even in receipt of state benefits the courts cannot legally accept a figure LESS THAN £5 per week (£20 per month). I am therefore concerned that you can expect for Collecita Ltd to accept 20 times LESS than what you had previously been paying to the court !!

Also, common sense alone would tell you that paying £1 per month would take YEARS to repay.