collectica Notice Of Attendance

[natparis]

Hello
I'm brand new to the site please forgive me if im a bit slow.
I really need some advice I'm In a really bad place at the minute with bailiffs. I've got myself into a stupid situation.
A couple of months back I Had a letter from the police asking me to name the driver of my vehicle at the time of a "driving without due care and attention" incident. I had previously moved address so unfortunately received this letter late and therefore sent back late.
I then received a copy of the case from the magistrates Court which I was required to sign and send back by a certain date. I did this by recorded next day delivery. The courts then claimed they had not received this and I was issued with a £800 fine for not sending the linstalments. I stupidly didn't appeal it and thought I would try and pay in instalments. Anyway its all gone wrong and now I have a "notice of attendence " from collectica ordering me to pay the full amount or an agent will come and take my possesionsm I called them and asked if I could make monthly payments and the minimum they said is £189 which I really can't afford.
I really don't know what to do anymore. I'm a new single mum in emergency accommodation and suffering from depression. Im really struggling to cope with it all. I'm scared stiff to be at home, worrying constantly that theyll take my baby's cot and pram. Im truly willing to pay my fine even though I believe it was given unfairly. I just can't afford what they are asking. Do I have any options? Or do i just let them in to take my stuff?

Many thanks in advance . Really greatful for any advice.

Natalie

[wales01man]

Re: collectica Notice Of Attendance

Plenty of advice will come on here but firstly THEY CANNOT TAKE ANYTHING TO DO WITH YOUR BABY if you can when they turn up have someone with you do not give in to intimidation or threats.

[natparis]

Re: collectica Notice Of Attendance

Oh thank God . That's been a major worry I wouldbt be able to replace it If they did. I will try and get my dad to be with me
Thanks for the advice

[Milo]

Re: collectica Notice Of Attendance

Hello
I'm brand new to the site please forgive me if im a bit slow.
I really need some advice I'm In a really bad place at the minute with bailiffs. I've got myself into a stupid situation.

A couple of months back I Had a letter from the police asking me to name the driver of my vehicle at the time of a "driving without due care and attention" incident. I had previously moved address so unfortunately received this letter late and therefore sent back late.

I then received a copy of the case from the magistrates Court which I was required to sign and send back by a certain date. I did this by recorded next day delivery. The courts then claimed they had not received this and I was issued with a £800 fine for not sending the linstalments. I stupidly didn't appeal it and thought I would try and pay in instalments.

Anyway its all gone wrong and now I have a "notice of attendence " from collectica ordering me to pay the full amount or an agent will come and take my possesionsm I called them and asked if I could make monthly payments and the minimum they said is £189 which I really can't afford.
I really don't know what to do anymore. I'm a new single mum in emergency accommodation and suffering from depression. Im really struggling to cope with it all. I'm scared stiff to be at home, worrying constantly that theyll take my baby's cot and pram. Im truly willing to pay my fine even though I believe it was given unfairly. I just can't afford what they are asking. Do I have any options? Or do i just let them in to take my stuff?

Many thanks in advance . Really greatful for any advice.

Natalie

Natalie,

It is so unfortunate that you did not address this matter when you received the initial letter from Collectica because at that stage payment proposals are invited (and accepted) and the debt would not incur the visit fee of £235.

Your case would have been an excellent one for a Statutory Declaration to be sent to the court on the basis of the fact that the court appear not to have received the signed document from you but normally such stat decs need to be filed within a period of 21 days of 'becoming aware of the fact'. However, many courts are willing to allow stat decs to be filed outside of this period if a very good reason can be given for the DELAY. From the little that you have written about your personal circumstances it mat well be the case that you could have goods reason for the delay.

Something else that is worrying is that it would seem that you have been found guilty (in your absence) of driving without 'due care and attention' and unfortunately as the court had not received documentation from you you would have been given a higher number of penalty points against your licence. Have you received a letter about points on your licence? This will almost certainly affect your insurance so you need to address this point as well.

You say that you live in emergency accommodation and furthermore that you are suffering from depression.

Are you receiving any medication?

If so, have you advised Collectica of this?

In regards to your accomodation, is this the same address that the court had been writing to you at?

PS: Please post back as soon as possible and I can advise you further. Please do not worry about the baby's items. These are totally exempt goods and cannot be taken and I suspect the same would apply to all of your goods anyway.

Sorry.....last question. Do you have a vehicle as if so, how much roughly is it worth?

[natparis]

Re: collectica Notice Of Attendance

Hi Milo

I wish I did address it sooner I feel so stupid I should never have let it get to this.
Can I go to any magistrates Court and do a statuary declaration ? Where would it usually go from there?

To this day i havent heard anything back about the driving without due care and attention (thank goodness) but I did receive 6 points for failing to supply driver details ( which was what the documents I posted recorded were.) It defiantly has affected my insurance I now pay an extra £40 per month which is hard enough as it is and I'm struggling with.
I do take medication but haven't informed collectica. The only contact i have had a with them was a vile man on the phone demanding I pay up or pay an incredibly high monthly payment. Would u recommend I inform them of my medication etc?if so would you recommend writing to them?

As for my address I did inform the court of my current address and they posted my documents which I send them back here however all corresponce after that was still posted to my old address which is the one collectica also had for me. I have told them my new address now as I didn't want to risk them turning up at my mums house.

I do own a car it is worth around £400

Milo I can't thank you enough for your help and time. I'm really greatful thank you.

Natalie

[Milo]

Re: collectica Notice Of Attendance

Natalie,

More questions I'm afraid.

Are you in receipt of benefits?

How old is your child?

Do you work?

I am assuming that you do not have expensive items in your home am I correct?

Have you spoken with the court about the fine since Collectica were involved?

Can you confirm whether or not you received an initial Notice of Enforcement from Collectica or whether this would have gone to the previous address held for you (which I think was your parents home).

[natparis]

Re: collectica Notice Of Attendance

I get working and child tax credit, housing benefit and child benefit and also on maternity allowance as I am on maternity leave.

My baby is 8 months . no expensive items here. The accommodation is fully furnishesd so only thing actually mine is a small TV and my clothes.
Haven't spoken to the court no . I was going to write to them but to be honest Milo I really didn't know where to start. I Dont think i did recieve a notice of enforcement but to be fair Im not certain of that . I will need to search to see if I did .


Thank you

[Milo]

Re: collectica Notice Of Attendance

The Notice of Enforcement stage is vitally important as it is at this stage that debtors have a period of normally 14 days in order to outline a sensible payment proposal and to outline any 'vulnerability' and this stage was introduced in order to protect debtors such as you from having a personal visit.

From what you have stated you certainly would be classed as vulnerable. With the accommodation, is this privately rented or provided by the local authority and is there any agreement in place confirming that the property is provided to you furnished.


Collectica need to be made aware of your circumstances and I will help you in this area. If you could answer the query above that would help.


Personally I would think that Collectica will agree to return the case back to the court and you will then need to contact them to arrange a Means Hearing. In all cases that I see the courts will substantially reduce the amount of fine and set repayments at the rate of £5 per week (or to make a deduction from benefits).

[what can you say]

Re: collectica Notice Of Attendance

Since you had the NTK sent to a different address have you notified the DVLA of your correct address now? If not you should because failing to keep your correct address up to date could see you in further trouble in the future.

On a different note you state that you sent the form back to Court via RM signed for, did you keep a copy of the receipt and the reference number on it? If so you can check when it was signed for and by whom. Just a thought here. It may help....

[natparis]

Re: collectica Notice Of Attendance

Milo sorry I am so late replying.. As far as I am aware I don't believe I have received the Notice of Enforcement, but I can't be 100% sure. Is there any way I can find out? The accommodation is provided to me by my local council.I do not have anything to say it is fully furnished but I am sure if I speak to my council they may be able to provide me a letter or something.

Although it is provided by my council it is actually within the private sector and I have a landlord.

I am happy to Go back to the courts, and u don't mind paying now to stop all of this, I just can't pay the crazy amounts the bailiffs want.

Once again Milo thank you !! Greaty appriciated.

- - - Updated - - -

Hi What Can You Say
Yeh address is changed over .. and I do still have the RM receipt too.thank you

[Big Al]

Re: collectica Notice Of Attendance

Hi What Can You Say
Yeh address is changed over .. and I do still have the RM receipt too.thank you

Go here to check who signed for it - https://www.royalmail.com/track-your-item

[natparis]

Re: collectica Notice Of Attendance

The Notice of Enforcement stage is vitally important as it is at this stage that debtors have a period of normally 14 days in order to outline a sensible payment proposal and to outline any 'vulnerability' and this stage was introduced in order to protect debtors such as you from having a personal visit.

From what you have stated you certainly would be classed as vulnerable. With the accommodation, is this privately rented or provided by the local authority and is there any agreement in place confirming that the property is provided to you furnished.


Collectica need to be made aware of your circumstances and I will help you in this area. If you could answer the query above that would help.


Personally I would think that Collectica will agree to return the case back to the court and you will then need to contact them to arrange a Means Hearing. In all cases that I see the courts will substantially reduce the amount of fine and set repayments at the rate of £5 per week (or to make a deduction from benefits).

Hi Milo
Received a Notice Of Intention To Enrwe and Search your Premises- Removal notice, yesterday . I was out so didn't receive it until the night time.
Really not sure what to do now . I have emailed collectica and explained my situation but they have an automated response that says they'll aim to reply in 7 days. Really don't know what my next step is. I'm getting really worried about it all I could just cry.

Shall I call the court and explain to them? Ah wish it would all go away.

Thanks
Natalie