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Re: Colectica making my life a misery
I have read through this thread twice now so I hope that I have not missed something.
Firstly, the Magistrate Courts are becoming very tough at the moment regarding the amount of debt that is still owing from court fines that debtors are failing to clear so it will be difficult to get much sympathy from the court.
On the matter of the Further Steps Notice, there is a legal requirement to send this notice and the court will simply state that it had been sent and it would be difficult to provide otherwise.
Interestingly, a few days ago I was reading a copy of a long debate from the House of Lords on the matter of Further Steps Notices and it was interesting to read the many comments from the Lords about debtors who may not receive a Further Steps Notice for various reasons...one being that the debtor may have gone on holiday. Interestingly, it was made clear that if a person goes on holiday they would have known beforehand that they had a court fine and should have made arrangements to pay before going on holiday and one Lord even stated that if a person can afford a holiday they should make sure that a court fine is paid first as it is a 'priority debt'.
What was very clear from the debate is that a debtor knows that they have a court fine and should make sure that they contact the court if they cannot make payment as agreed and to request a 'means hearing' and that they should also contact the court to update them with a new address.
HOWEVER, the new regulations that took effect on 6th April provide a very significant provision indeed and this is that in cases where 'vulnerability' can be provide (and this includes severe financial difficulty) it is the case that ALL bailiff companies are expected to REMOVE the Enforcement Fee of £235 and 'rewind' the case back to the Compliance Stage and to agree a sensible payment proposal. Surprisingly, this is happening in a lot of cases.
What is needed is for a suitable letter to be sent to Collectica outlining your circumstances and requesting the removal of the 'enforcement fee' and the agreement to repay the remaining debt at an affordable level. I am very busy for the next two days but will see if I can get something put together for you and will post back.
I have read through this thread twice now so I hope that I have not missed something.
Firstly, the Magistrate Courts are becoming very tough at the moment regarding the amount of debt that is still owing from court fines that debtors are failing to clear so it will be difficult to get much sympathy from the court.
On the matter of the Further Steps Notice, there is a legal requirement to send this notice and the court will simply state that it had been sent and it would be difficult to provide otherwise.
Interestingly, a few days ago I was reading a copy of a long debate from the House of Lords on the matter of Further Steps Notices and it was interesting to read the many comments from the Lords about debtors who may not receive a Further Steps Notice for various reasons...one being that the debtor may have gone on holiday. Interestingly, it was made clear that if a person goes on holiday they would have known beforehand that they had a court fine and should have made arrangements to pay before going on holiday and one Lord even stated that if a person can afford a holiday they should make sure that a court fine is paid first as it is a 'priority debt'.
What was very clear from the debate is that a debtor knows that they have a court fine and should make sure that they contact the court if they cannot make payment as agreed and to request a 'means hearing' and that they should also contact the court to update them with a new address.
HOWEVER, the new regulations that took effect on 6th April provide a very significant provision indeed and this is that in cases where 'vulnerability' can be provide (and this includes severe financial difficulty) it is the case that ALL bailiff companies are expected to REMOVE the Enforcement Fee of £235 and 'rewind' the case back to the Compliance Stage and to agree a sensible payment proposal. Surprisingly, this is happening in a lot of cases.
What is needed is for a suitable letter to be sent to Collectica outlining your circumstances and requesting the removal of the 'enforcement fee' and the agreement to repay the remaining debt at an affordable level. I am very busy for the next two days but will see if I can get something put together for you and will post back.
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