Collectica. Removal Notice.

[s.allen]

I've had an outstanding fine of about £600 for an incident that happened early 2013.
Cut a long story short, due to financial difficulty, i lost my driving license due to not having insurance in my first 2 years of driving.
Until now, it's loomed over my head, i've tried sorting it with the citizens advice, never was financially stable enough to set up the payment scheme.
I became a student late last year, and am a single (access) parent living in an inherited home that's still in probate.
I've stuff of value in the house, but a rather secure wall around the front of the property with one lockable door as access to my property.
Today, a collectica agent served me with a Removal Notice, and the notion that he'd be back in 24 hours 'with the boys' for the now £850 in full, or to get into my house to remove goods to the value of.

I've spoken to the courts, cab, collectica, the bailiff himself on the phone. I've offered to pay the fine in full, but not the excess charges. basically been told it's down to the bailiff's discression as to whether he accepts a payment scheme, or acts on the warrant.. can this be right!?!?

Help?
I've scowered youtube and feel boosted by the fact that these warrants don't seem to even be valid without a 'wet ink signature?'

...I'm happy to answer any further questions too...

[Milo]

Re: Collectica. Removal Notice.

As this is a magistrate court fine you need to be aware that they have the right to force entry and despite what you may read on youtube....the bailiff does NOT.....I repeat...DOES NOT require a separate warrant !!! The Fines Officer at the court has made the decision to have this debt enforced by bailiffs and accordingly, the Fines Officer would have sent an electronic version of the warrant to the enforcement company. If you require sight of an actual warrant then the Ministry of Justice have made clear that it is for the debtor to visit the court in person to request sight of the warrant. Please ignore all silly You Tube video's that state differently.

On the matter of a 'wet ink' signature, this 'theory' is a popular one on the Freeman on the Lands favourite media outlet....Youtube. The truth of the matter, is that rule 109(3) the Magistrate Court Rules was amended years ago to provide the following:

“Where a signature is required on a form or warrant other than arrest, remand or commitment warrant, an electronic signature incorporated into the document will satisfy the requirement.”

Given that a warrant has now been issued, there is further bad news in that if you were inclined to make payment of the court fine only to the court (in order to avoid bailiff fees) then you need to be aware that all courts are forwarding direct payments to them over to the enforcement company so that the (enforcement) company can allocate the payment in accordance with the new legislation that came into effect last April.

Under the new rules, the Compliance Fee of £75 is deducted at source from any payment made and the balance of the payment is divided on a 'pro rata' basis with approx 40% going towards any balance of payment fees and the remaining 60% towards the debt to the court.

PS: I notice that you mention that you have received a Removal Notice. Before getting to this stage you should have received an initial letter from the enforcement company.