Collectica perusing me even though court has told them to stop.

[Ludford]

So to start from the beginning, I was fined £20 by London Midland for not having a ticket while trying to purchase one post journey almost a year ago. And I didn't pay this.

I then moved house and the next thing I know almost a year later I get a notice of distress from Collectica demanding £450. I called them up to find out what this was about as I had no letters of escalation from London Midland. They just demanded I pay and didn't help me.

I did some research and then went down to the magistrates court in Birmingham where I found out there had been a court case in April that I wasn't told about and I was found guilty and they had passed the fine to Collectica. I said I had moved house and it was unfair they could do this without my knowledge, they agreed and I did a "statuary declaration" and I was told in court that I had been acquitted and I didn't owe any money.

London Midland then sent me a letter asking me to contact them to see if we could sort this out without bringing courts into it, I agreed and paid them the original £20. London Midland then coincided the case closed.

However Collectica are still contacting me saying I owe them money, And now it's gone up to £460 with them saying they will add a £250 bailiff charge soon and they will come round my house.

So I went to the court again and they said that Collectica has been told of the results of the statuary declaration and they were not to pursue me. The court said they would however contact Collectica again.

My question is how many times can Collectica do this before we're talking about me being able to bring up charges of harassment and sue them for all the stress they're causing me? And misinforming me at every turn (Collectica has demanded payment constantly they have never said I could do a stat dec)

[bluebottle]

Re: Collectica perusing me even though court has told them to stop.

Do you know if H.M. Courts & Tribunals Service (HMCTS) has recalled the Distress Warrant (DW) from Collectica? If they have, Collectica are acting without lawful authority by attending your home, demanding money and making threats of any description, including the threat of forced entry and seizing goods.

Was it the court that issued the DW who told Collectica to stop all enforcement? If it was and they don't seem to be getting anywhere, ask if they are agreeable to you escalating the matter to the Regional Senior Enforcement Manager (SEM) for HMCTS. SEMs have a bit more clout than court staff.

Which county is this happening in, please?

[Ludford]

Re: Collectica perusing me even though court has told them to stop.

This is West Midlands and it's Birmingham Magistrates court I have dealt with. I'll tell you the words that I was told at the inquiry desk because I didn't get anything as official sounding as what you mentioned.

I asked her is Collectica had been informed to stop hounding me and she said "They have been informed of the statuary declaration". Then I said "So they should stop now, I don't owe any money?" And she said "Yeah look it's signed" and pointed to my Stat dec document where it has been signed by the judge. She then said "I'll send this to fines and they will contact them again, if you have any more trouble contact fines".

When I contacted Collectica by phone they were adamant that a stat dec does not end proceedings and just pauses it and they had been told by the courts to pause proceedings till 29th of July.

It would be Birmingham Magistrates court that issues the DW to Collectica too.

This is so dumb, London Midland have dropped the case! There's not even a "victim" anymore.

I'm worried because the stat dec does not say in writing that I don't have to pay the fees. They told me that in court.

[bluebottle]

Re: Collectica perusing me even though court has told them to stop.

Ask Birmingham Magistrates Court to confirm if the DW has been recalled from Collectica and the date it was recalled. Also ask them to confirmed on what dates Collectica was told to cease enforcement action.

If HMCTS confirm the DW has been recalled and Collectica has been ordered to cease enforcement, ask them to confirm that in writing. An email will, in all probability, be acceptable. If you have to, send a copy of the confirmation to Collectica and your local police.

[Ludford]

Re: Collectica perusing me even though court has told them to stop.

I'll go down and see them in the morning. As I understand there's no phone number to discuss things with them over the phone. And everything has to be done in person.

My friend also informs me I should be pursuing how Collectica have got my new address in the first place. He says that if someone like my bank, or a company has informed them they have breached data protection and I should report them.

[bluebottle]

Re: Collectica perusing me even though court has told them to stop.

I'll go down and see them in the morning. As I understand there's no phone number to discuss things with them over the phone. And everything has to be done in person.

My friend also informs me I should be pursuing how Collectica have got my new address in the first place. He says that if someone like my bank, or a company has informed them they have breached data protection and I should report them.

If Collectica found out you had changed address, they are required to inform the court of this. If they refuse to volunteer how they obtained details of your new address, unless obtained from the Electoral Register, you should pursue the matter with the Information Commissioner's Office . Their website is at www.ico.gov.uk. There, you will find a helpline telephone number. Be aware this can get busy at times, so be patient and persistent.

As for going down to the court, see if they will write down any relevant dates on HMCTS headed notepaper for you or, failing this, plain paper and then stamp it with an official court stamp. If they ask why, explain you need to send copies to Collectica and your local police force.

Let us know how you get on.

[Ludford]

Re: Collectica perusing me even though court has told them to stop.

Collectica knew about my new address. As they sent the DW to me asking for money. However when I went down to the court originally the court had NO IDEA they had sent the summons to the wrong address. Should Collectica have informed the court so that the court could contact me first about doing a stat dec?

Collectica have basically been unhelpful and underhanded at every opportunity and just want their money. Why are legal matters being dealt with by a private company that just wants profit instead of what is best for me?

I am not on the electoral register at this address, only my work, my bank and some shop loyalty cards know I live here. And that's by design.

[bluebottle]

Re: Collectica perusing me even though court has told them to stop.

Did the DW have the Royal Cipher and the name of the issuing court on it?

[Ludford]

Re: Collectica perusing me even though court has told them to stop.

Yeah the issuing court was Birmingham Magistrates court. There was no Royal Cipher on it if I remember correctly as it was a letter from Collectica not the courts.

It's important to note that I received zero letters from the time I was fined till I received that letter from Collectica saying "notice of distress give us £450". No escalation letters from London Midland, No court summons, no "We've found you guilty" letters from the court, no fines. They did it all behind my back and the first I heard about it was a letter from Collectica.

[enquirer]

Re: Collectica perusing me even though court has told them to stop.

I'll go down and see them in the morning. As I understand there's no phone number to discuss things with them over the phone. And everything has to be done in person.

Write. They are obliged to answer. Then you have your paper trail. Everything else is deniable.

[bluebottle]

Re: Collectica perusing me even though court has told them to stop.

Yeah the issuing court was Birmingham Magistrates court. There was no Royal Cipher on it if I remember correctly as it was a letter from Collectica not the courts.

It's important to note that I received zero letters from the time I was fined till I received that letter from Collectica saying "notice of distress give us £450". No escalation letters from London Midland, No court summons, no "We've found you guilty" letters from the court, no fines. They did it all behind my back and the first I heard about it was a letter from Collectica.

Okay. I think we need to see exactly what Collectica sent you. By the sound of it, you were not sent a document called a Further Steps Notice, which is a legal requirement. No FSN, no enforcement. I would ask the court to provide you with a printout of what they have on their records. I would also ask London Midlands to explain what has happened. Do you know if the date of the conviction pre-dates the move to your current home?

[Ludford]

Re: Collectica perusing me even though court has told them to stop.

The court date was in April and I moved into my new house last December. So I never got the summons and that's the grounds I used to get my Stat dec, which I won in court. The original letter from Collectica has since been thrown out by someone as I live in shared accommodation.

I am still hopeful that the girl on the inquiries desk has sorted it by sending the courts decision to stop to them again. I mean the conviction for failing to have a ticket has been stricken from the records after I did my stat dec and London Midland are happy so they aren't filing for another court date. So Collectica are trying to collect on a non-existent crime.

[bluebottle]

Re: Collectica perusing me even though court has told them to stop.

The court date was in April and I moved into my new house last December. So I never got the summons and that's the grounds I used to get my Stat dec, which I won in court.

That is correct. If you knew nothing of the summons, hearing, etc., those are grounds to set aside (cancel) a conviction at a magistrates court, which is what the Statutory Declaration did.

I feel there is a need to establish what has happened and why. London Midland have some explaining to do as it was they who would have initiated the proceedings. HMCTS need to explain what has happened and why you never received the summons, Notification of Fine and Further Steps Notice.

You first priority, however, is to establish the date HMCTS told Collectica to cease enforcement action, date the DW was recalled and dates HMCTS had to contact Collectica again to tell them to cease enforcement action. If HMCTS confirm the DW has been recalled, any action Collectica pursue, following recall, is without lawful authority. The DW is their authority to act. Once it is recalled, they no longer have any authority to act.

[CleverClogs]

Re: Collectica perusing me even though court has told them to stop.

You first priority, however, is to establish the date HMCTS told Collectica to cease enforcement action, date the DW was recalled and dates HMCTS had to contact Collectica again to tell them to cease enforcement action. If HMCTS confirm the DW has been recalled, any action Collectica pursue, following recall, is without lawful authority. The DW is their authority to act. Once it is recalled, they no longer have any authority to act.

As the Court apparently did not know Ludford's current address, one must surely wonder how that address might have been on the Distress Warrant - if, that is, it really was a Distress Warrant rather than something cobbled together by Collectica.

[charitynjw]

Re: Collectica perusing me even though court has told them to stop.

As the Court apparently did not know Ludford's current address, one must surely wonder how that address might have been on the Distress Warrant - if, that is, it really was a Distress Warrant rather than something cobbled together by Collectica.