over paid housing benefits gone to collectica

[spoonface]

Hello everyone

This is my first post,i need some help with council and collectica.

I owe the council £1200 for over paid housing benefits which i was paying back to the council directly at £30 a month,i forgot to pay last 3 installments.i have now recieved a letter from collectica informing me they have taken in the debt.
I recieved no correspondace from the council of their action to do this,no further action notice or court summons.
I would like to continue to pay the council and pay the arrearsfor 3 months.Where do i stand on this and what should i do.

Please help me

thank you.

[charitynjw]

Re: over paid housing benefits gone to collectica

Hi spoonface, & welcome.

I'm not a CT/enforcement expert - but many on here are!
I'm sure someone will be along soon to comment.
I'll keep an eye on this thread & guide someone to you if necessary.

[Inca]

Re: over paid housing benefits gone to collectica

I'm certainly no expert but whilst you wait for the others on here I would suggest ringing the council and telling them what you have told us,you have had no correspondance to say it was going to Collectica,ask if they will take the debt back (but don't hold your breath).
.

[CleverClogs]

Re: over paid housing benefits gone to collectica

I'm certainly no expert but whilst you wait for the others on here I would suggest ringing the council and telling them what you have told us,you have had no correspondance to say it was going to Collectica,ask if they will take the debt back (but don't hold your breath).
.

When the council drone tells you the usual untruth that enforcement action cannot be halted, it may be helpful to inform he/she/it that Article 70 (link) of the Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 1996 plainly states otherwise.

[bluebottle]

Re: over paid housing benefits gone to collectica

Are Collectica acting as bailiffs or debt collectors? In either case, the creditor is obliged to tell you of any action they intend to take or are taking. Contact the council and ask them for an explanation.

[spoonface]

Re: over paid housing benefits gone to collectica

Thank you for the advice,i have not yet contacted the council or collectica but am going to write the council an email asking for an explination and to accept a proposal of countinued payments direct.
Is a further action notice a legal obligation or does it not matter?

Thank you all again.

[bluebottle]

Re: over paid housing benefits gone to collectica

Collectica have to prove they have a right to collect. If not, they are on a decidedly sticky wicket.

[spoonface]

Re: over paid housing benefits gone to collectica

I will contact collectica then and see what they have to say thank you.

[Inca]

Re: over paid housing benefits gone to collectica

I will contact collectica then and see what they have to say thank you.

NO..DO NOT CONTACT COLLECTICA...CONTACT THE COUNCIL..THEY ARE THE ONES WHO HAVE THE ANSWERS AND THEY ARE THE ONES THAT CAN TAKE YOUR DEBT BACK(if they will agree).IF they agree you MUST stick to the payment plan,,they tend not to like 'I forgot for 3 months'

[bluebottle]

Re: over paid housing benefits gone to collectica

NO..DO NOT CONTACT COLLECTICA...CONTACT THE COUNCIL..THEY ARE THE ONES WHO HAVE THE ANSWERS AND THEY ARE THE ONES THAT CAN TAKE YOUR DEBT BACK(if they will agree).IF they agree you MUST stick to the payment plan,,they tend not to like 'I forgot for 3 months'

Absolutely, Inca. The creditor must explain their actions and demonstrate that Collectica has a right to collect, either as bailiffs or debt collectors. Also, the creditor must show that they have exhausted all other methods of collection before engaging Collectica and that these methods have failed. Using the likes of Collectica as a default option could be seen to be a disproportionate response and, as Communities & Local Government Secretary Eric Pickles has stated recently, local authorities must use bailiffs as a last resort option, not a default option. I don't think many council leaders would want Eric Pickles sitting on them, let alone threatening to sit on them, if they don't follow his decree.

[spoonface]

Re: over paid housing benefits gone to collectica

Thank you fir all your advice,the matter has now been resolved at long last the council have reclaimed the debt and all is good,the advice given was so helpfull and i appreciate every post made

Thank you!!!!

[Inca]

Re: over paid housing benefits gone to collectica

Yay!! Well done..and Thanks for letting us know (and don't miss your payment dates or it will all kick off again)

[wales01man]

Re: over paid housing benefits gone to collectica

good luck to you ,good to see a council acting properley .people in debt should not be forced into more debt will greedy bailiffs fees if a debt can be recalled and payment plan agreed it should.
Councils and others owed money need to start taking a more positive approach to recovering money without resorting to outside agencies whos methods come into question so many times