collectica threatening to come with locksmith and police

[mrB88]

hi, I have an outstanding court fine of £370 witch is a criminal fine, I have received a removal notice and the bailiff says that he can come into my parents address and take goods that don't belong to me. I have already had it confirmed that if my parents can prove the belongings are there's he cannot do so. he also says if he does take my parents stuff they will have to pay a non refundable £180 for each item. this to me seems very wrong. I am currently receiving benefits and don't own anything of value. I am also a recovering drug addict and am in the process of turning my life around my councillor and probation worker say that i am classed as a vulnerable person!! i have been on the phone to the court where the fine was put in place and they keep telling me they cannot do anything and i must speak to collectica, so i have and they say I must speak to the bailiff and i have i have tried to sort out a payment plan but they are not having none of it. i was in prison on remand when I received a further steps letter telling me about the fine and what action could be taken. the letter was sent to my parents house where I wasn't even living at the time and hadn't been for a long time. anyway i have spoken to my neighbour who is a solicitor and he says they are just trying to frighten me witch they are succeeding at!! and to just not let them in!! can anyone give me any further advice please i would be very grateful thankyou.

[bizzybob]

Re: collectica threatening to come with locksmith and police

Hi mrB88

First he cannot take your parents things, secondly where does he get the idea of a £180 reclaim charge per item. To protect their goods your parents could swear a Statutory Declaration at a Solicitors, and give notarised copies to the court, and Collecticrap as to the ownership of goods, you could remind the courts of the provision in the Legal Advice Sentencing and Punishment of Offenders Act 2012 that allows them refer cases back to the magistrates when;

1. a person was not in court when fined and has a disproportionate fine
2. there is a change of circumstances after the Magistrates’ original decision
3. there is financial hardship

see: http://www.taxpayersagainstpoverty.o...-and-bailiffs/

As to the vulnerability get your Probation worker to provide the evidence of it along with anything else from doctor etc to Collecticrap and the court.
How many times have they called? Your solicitor neighbour is right the EA is trying his best to frighten you,, and as to the First Steps were the court aware of your HMP address, if so it should have gone to you in Prison, that of itself may make the action of the court dubious in sending their attack dogs from Collecxticrap.

Don't worry other Beagles will be along soon to help

[mrB88]

Re: collectica threatening to come with locksmith and police

thank you for replying,
the mentioned agent has not yet been to my parents property with police and locksmith like he said he was going to!! instead he rang this morning and spoke to my step father and told him that he was still going to break in and take whatever goods he wanted even though they don't belong to me!! and he also still keeps saying that if he does take my parents belongings that they will have to pay the £180 non refundable fee per item and it doesn't guarantee they will get them back!! so anyway my mum rang him to try and get some sense out of him but had no luck he wouldn't even let her get a word in! he just kept saying if I don't pay he was going to come and remove goods.
I am not trying to get out of paying this, I accept the fine and charges that come with it I was going through a really bad time and my life was a mess. I am in the process of getting everything back together but just have this hanging over my head I have tired countless times to set up a payment plan but had no luck I have even had my councillor and probation officer ring up and try on my behalf but they had no luck the bailiff is being a real ass about it and just wont listen to anybody. He is intimidating me and my family and I just don't know what to do!!!
whilst searching the net last night I came across a bailiffs certificate register where you can search to see if the bailiff you are dealing with is certificated, due to the new law making all bailiffs required to be certificated, I ran his name through there and he wasn't on there so I kept trying and searched every list of bailiffs on there and his name just doesn't show I understand that he could just be waiting for a renewal hearing or the system might not have updated yet to show his name , im not sure! but if he isn't on there is there something I could do?? I am already in the process of writing a complaint letter to the court and colectica about how this bailiff has been acting so maybe I could do some more research into that and put it in the letter?

sorry to go on and on i am just so frustrated with the whole situation.

thank you to any one who takes the time to read this and thanks to bizzybob my parents are going to swear the statutory declaration when they get time to.

[bizzybob]

Re: collectica threatening to come with locksmith and police

MrB88, the collecticrap EA i talking through his bowel bugle, he cannot take their goods for your debt and is cruising close to having his own collar felt. I will put out a pm to a couple of the regulars to look in.

I suggest you contact your MP as collecticrap and the court are taking the p1$$ www.writetothem.com

[bluebottle]

Re: collectica threatening to come with locksmith and police

Get straight onto the court manager at the court which imposed the original fine and request them to insert the toe of their boot up the backsides of those who have been singing the "Speak To The Bailiff" song. It is becoming evident that court staff are either not familiar with or unaware of the Legal Advice, Sentencing and Punishment of Offenders Act 2012.

As Bizzybob has advised, Collectica are speaking out of their anal orifices. Magistrates Court Distress Warrants have strict conditions, one of which is that they must only take goods belonging to the debtor and must not take goods belonging to a third party. By saying what they have, they are not only misrepresenting their powers, if they were to attempt to seize goods belonging to a third party, they would, potentially, be acting unlawfully as they would be acting contrary to the conditions attached to the warrant.

[bizzybob]

Re: collectica threatening to come with locksmith and police

Bluebottle, this bit is very concerning and I feel serious enough for demands for Collecticrap to be kicked off their contract, as in where the hell did the drone get the redemption fee of £180 for each item unlawfully taken control of, his fevered imagination or the revised Brothers Grimm Book of fees?

"he also still keeps saying that if he does take my parents belongings that they will have to pay the £180 non refundable fee per item and it doesn't guarantee they will get them back!! so anyway my mum rang him to try and get some sense out of him but had no luck he wouldn't even let her get a word in! he just kept saying if I don't pay he was going to come and remove goods."

People like that EA deserve a spell in jail themselves

[bluebottle]

Re: collectica threatening to come with locksmith and police

Bluebottle, this bit is very concerning and I feel serious enough for demands for Collecticrap to be kicked off their contract, as in where the hell did the drone get the redemption fee of £180 for each item unlawfully taken control of, his fevered imagination or the revised Brothers Grimm Book of fees?

"he also still keeps saying that if he does take my parents belongings that they will have to pay the £180 non refundable fee per item and it doesn't guarantee they will get them back!! so anyway my mum rang him to try and get some sense out of him but had no luck he wouldn't even let her get a word in! he just kept saying if I don't pay he was going to come and remove goods."

People like that EA deserve a spell in jail themselves

IMHO it is serious enough to be brought to the attention of HMCTS HQ, BB. It is blatant misrepresentation of powers, the law and unlawful behaviour, as they are acting contrary to the terms of the warrant.

[mrB88]

Re: collectica threatening to come with locksmith and police

thank you to all that have commented, my mum spoke to the bailiff once again this afternoon but this time he was a little calmer and told my mum that he wasn't going to come and remove gods because now he realises that maybe i dont actually own anything of value and actually said that it would be unfair to take my parents belongings!!!! i did ring the court earlier today and complained about his behaviour so maybe they have rang him and had a word!! (not sure if they would do but he seemed to be alot calmer) and he then gave us an ultimatum, he said i could either pay the fine in full if i somehow could get hold of the money which i couldn't or he could send the case back to the court and i would definitely go to prison!! i do know that there is a risk of this happening but i have been in touch with my probation officer and she said just get it sent back to court because she would help fight my case along with my councillor as they both have spoke to collectica and the bailiff of collectica on my behalf to try and sort out a payment plan. they also would explain to the court that i have been doing extremely well on all my orders and have been clean for more than 5 months now etc.. i have also sent a complaint to the court via email, letter and phone so i know it is logged that i have not refused to pay just couldn't afford to pay in full and have been unsuccessful in trying to make a payment plan.
so i am going to keep ringing the court to see what is going to happen regarding an arrest warrant, i just dont see the need f them coming to arrest me when they feel like it and possibly keep me in custody until the court day, so any information on this new matter would be very helpful.

and once again thank you for the replys and taking time to read this.

[bluebottle]

Re: collectica threatening to come with locksmith and police

thank you to all that have commented, my mum spoke to the bailiff once again this afternoon but this time he was a little calmer and told my mum that he wasn't going to come and remove gods because now he realises that maybe i dont actually own anything of value and actually said that it would be unfair to take my parents belongings!!!! I did ring the court earlier today and complained about his behaviour so maybe they have rang him and had a word!! (not sure if they would do but he seemed to be alot calmer)... His Bailiff Manager probably kicked his backside around the office car park a few times because he'd had his backside kicked by the court earlier on.
... and he then gave us an ultimatum, he said I could either pay the fine in full if I somehow could get hold of the money which I couldn't or he could send the case back to the court and I would definitely go to prison! Oh, the EA is clairvoyant, is he? The only time a defendant is likely to go to prison is if they are wilfully and deliberately avoiding paying a fine. If a defendant is unable to pay a fine due to being on a limited income or benefits, then legislation exists to allow the matter to be sent back into court for review. Reading what you have said, it appears you are subject to either a Probation Order or a Supervision Order. As long as you have complied with these orders, I cannot see the court sending you to prison. I am speaking as a retired policeman.
I do know that there is a risk of this happening but i have been in touch with my probation officer and she said just get it sent back to court because she would help fight my case along with my councillor as they both have spoke to collectica and the bailiff of collectica on my behalf to try and sort out a payment plan. they also would explain to the court that i have been doing extremely well on all my orders and have been clean for more than 5 months now etc.. i have also sent a complaint to the court via email, letter and phone so i know it is logged that i have not refused to pay just couldn't afford to pay in full and have been unsuccessful in trying to make a payment plan.
so i am going to keep ringing the court to see what is going to happen regarding an arrest warrant, i just dont see the need f them coming to arrest me when they feel like it and possibly keep me in custody until the court day, so any information on this new matter would be very helpful. The EA would be very foolish indeed to make a false statement to the court and, potentially, could end up in very serious trouble as a result if he does. The courts and the law takes a very serious view of those who make false statements in the circumstances you describe.
and once again thank you for the replys and taking time to read this.

I would be inclined to liaise with your Probation Officer and the Court Manager about this EA. You have made a complaint about the EA's behaviour and you need to allow them time to investigate.

[bizzybob]

Re: collectica threatening to come with locksmith and police

I think we need to log and collate when EAs and Courts ignore or blatantly refuse to acnowledge a debtot falls under the provisions of the Legal Advice Sentencing and Punishment of Offenders Act 2012, and cvontinue enforcement ia an aggressive manner contrary to the provisions in the Act covering change of circs and hardship.

[bluebottle]

Re: collectica threatening to come with locksmith and police

I think we need to log and collate when EAs and Courts ignore or blatantly refuse to acnowledge a debtot falls under the provisions of the Legal Advice Sentencing and Punishment of Offenders Act 2012, and continue enforcement in an aggressive manner contrary to the provisions in the Act covering change of circs and hardship.

I was thinking that myself, BB. I wouldn't mind betting court staff have not received any training in the Legal Advice, Sentencing and Punishment of Offenders Act 2012. It would explain their lack of familiarity with the Act and failure to send cases back into court for review. The same cannot be said for civil enforcement companies and their EAs, however. I feel we also need to log and collate instances where EAs collecting magistrates court fines misrepresent their powers and/or the law and where they attempt to force debtors to enter into payment plans they cannot realistically afford. No prizes for guessing which civil enforcement company would feature most for doing this.

[bizzybob]

Re: collectica threatening to come with locksmith and police

Odds on for Marstons, who now own Collectica it seems,

Either way MrB88 needs to appraise the court and Collectica that his circumstances do most certainly fit within the paramaters for referral back to court on change of circs and hardship under the Legal Advice, Sentencing and Punishment of Offenders Act 2012, and the ir MP needs to be informed of the lack of knowledge by court and bailiffs/EAs or their refusal to apply i the Act.

It is a significant protection and EAs will do their best to ignore it and carry on regardless.

[bluebottle]

Re: collectica threatening to come with locksmith and police

Any person who makes a statement, whether deliberately or recklessly, with the intention being that another person is arrested or prosecuted, or which results in another person being arrested or prosecuted, and at the time of doing so knows the statement they have made, whether written or verbal, is false or is reckless as to whether the statement is true or not, shall be guilty of an offence, that offence being Perverting the Course of Justice.

There are other scenarios which amount to an offence of Perverting the Course of Justice, but, in the case of this thread, we are dealing, specifically, with those who make false statements to the courts and the police for which EAs working for certain civil enforcement companies have form.

The EA in the OP's case really is being very foolish indeed making the statements he has to the OP.