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

[bluebottle]

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.

Good point, Cloggy. Could the OP scan and post up the document Collectica sent, please? If it has the words "Distress Warrant" on it, I can see me sending another email with attachment to the Ministerial Correspondence Unit at the MoJ.

[bluebottle]

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

That would not surprise me in the least, Charity.

[Ludford]

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

I just went down today and got a hand written note from the girl that emailed collectica to withdraw the warrant. It says:

Lucy B from customer services emailed collectica on 31.7.2013 asking them to cancel the distress warrant. Warrant No:********** issued 26.6.2013.

It's on court headed paper and has the official stamp.

SO I think this is the end of it now

[enquirer]

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

County Courts Act 1984
s135 Penalty for falsely pretending to act under authority of court.

Any person who—
(a) delivers or causes to be delivered to any other person any paper falsely purporting to be a copy of any summons or other process of a county court, knowing it to be false; (or)
(b) acts or professes to act under any false colour or pretence of the process or authority of a county court;

- shall be guilty of an offence and shall for each offence be liable on conviction on indictment to imprisonment for a term not exceeding 7 years.

[ploddertom]

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

It would appear that this is all down to paperwork catching up with all the relevant authorities & until that happens all you can do is to refer everyone to the Court for instruction. Collectica won't want to do this as he can £ escaping from his grubby mitts - in my view if he calls ignore him & don't even answer the door.

[CleverClogs]

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

County Courts Act 1984
s135 Penalty for falsely pretending to act under authority of court.

Any person who—
(a) delivers or causes to be delivered to any other person any paper falsely purporting to be a copy of any summons or other process of a county court, knowing it to be false; (or)
(b) acts or professes to act under any false colour or pretence of the process or authority of a county court;

- shall be guilty of an offence and shall for each offence be liable on conviction on indictment to imprisonment for a term not exceeding 7 years.

Except that the DW was issued by a Magistrates' Court.

The point I made earlier about the Court apparently not knowing Ludford's current address (which Collectica had somehow discovered) does seem to suggest that the DW may not have been valid.

If a fine defaulter has moved from the address stated on a DW, shouldn't the warrant be returned to the Court to be amended rather than a bailiff or bailiff company changing the address without recourse to the Court?

[bluebottle]

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

County Courts Act 1984
s135 Penalty for falsely pretending to act under authority of court.

Any person who—
(a) delivers or causes to be delivered to any other person any paper falsely purporting to be a copy of any summons or other process of a county court, knowing it to be false; (or)
(b) acts or professes to act under any false colour or pretence of the process or authority of a county court;

- shall be guilty of an offence and shall for each offence be liable on conviction on indictment to imprisonment for a term not exceeding 7 years.

That applies to proceedings in the county courts. Where magistrates courts are concerned, they come under the Criminal Procedures Rules and other Criminal Justice legislation. However, a Distress Warrant for an unpaid PCN would come under the provision you have highlighted.

[bluebottle]

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

Except that the DW was issued by a Magistrates' Court.

The point I made earlier about the Court apparently not knowing Ludford's current address (which Collectica had somehow discovered) does seem to suggest that the DW may not have been valid.

If a fine defaulter has moved from the address stated on a DW, shouldn't the warrant be returned to the Court to be amended rather than a bailiff or bailiff company changing the address without recourse to the Court?

Although a magistrates' DW can be executed anywhere in England and Wales, should a contracted bailiff find that the person named on the DW has moved home, they are required to notify the court of issue who should issue a replacement DW with the new address on. A contracted bailiff company is not permitted to alter details on a DW, whether issued by a county court or magistrates court. Not only does it potentially invalidate the DW, it is also potentially illegal.

[bluebottle]

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

I just went down today and got a hand written note from the girl that emailed collectica to withdraw the warrant. It says:

Lucy B from customer services emailed collectica on 31.7.2013 asking them to cancel the distress warrant. Warrant No:********** issued 26.6.2013.

It's on court headed paper and has the official stamp.

SO I think this is the end of it now

I'd get a photocopy of that off to Collectica asap. I'd also let your local police have a copy, too. At least, then, they will have evidence that Collectica have been told to cease enforcement action by the courts. Have a further copy to hand to any Collectica bailiff who turns up on your doorstep contrary to HMCTS's instructions to cease enforcement action.