Collectica demanding money to be paid within 3 weeks. PERIOD!!

[divineinspiration3]

Hello guys, I wonder if someone can advise?

Earlier today an enforcement officer from a company called to our house and presented my wife with a "Notice of intention to enter & search your premises-removal notice". It transpires that this was in relation to an outstanding speeding ticket my wife thought she had cleared off via an automated payment back in December. She has had no communication from any body until this morning when the gentleman arrived. The outstanding balance of £65 is include in the new bailiff balance of £375, a massive jump in anyone's book. Now I've looked into bailiff charges and understand that there is a visiting fee of £235, rip off!, but up to now we've had no breakdown of the charges. The bailiff also states that he has a warrant in his possession but has not shown it as he is "NOT OBLIGED TOO". I just spoke to the bailiff on my wife's behalf and he's given her 30 days to clear the whole balance, starting with £100 this coming Friday, or he's coming in and taking goods!

Please somebody advise where she/we stand on this and in particular time scales for payment.


Many thanks in anticipation :0)

[bizzybob]

Re: Collectica demanding money to be paid within 3 weeks. PERIOD!!

remove your real name pdq, Beagles will be along soon

[divineinspiration3]

Re: Collectica demanding money to be paid within 3 weeks. PERIOD!!

Done !!

[Milo]

Re: Collectica demanding money to be paid within 3 weeks. PERIOD!!

Hello guys, I wonder if someone can advise?

Earlier today an enforcement officer from a company called to our house and presented my wife with a "Notice of intention to enter & search your premises-removal notice". It transpires that this was in relation to an outstanding speeding ticket my wife thought she had cleared off via an automated payment back in December.

She has had no communication from any body until this morning when the gentleman arrived.

The outstanding balance of £65 is include in the new bailiff balance of £375, a massive jump in anyone's book. Now I've looked into bailiff charges and understand that there is a visiting fee of £235, rip off!, but up to now we've had no breakdown of the charges.

The bailiff also states that he has a warrant in his possession but has not shown it as he is "NOT OBLIGED TOO".

I just spoke to the bailiff on my wife's behalf and he's given her 30 days to clear the whole balance, starting with £100 this coming Friday, or he's coming in and taking goods!

Please somebody advise where she/we stand on this and in particular time scales for payment.


Many thanks in anticipation :0)

Given the amount (£65) I would assume that this was just the balance of an earlier fine. If your wife believes that she had paid this balance using the automated payment line then she really does need to speak with the court for an explanation.

Did your wife try to pay this debt after receiving a Further Steps Notice from the court? Has she received a Further Steps Notice (advising her that there was a balance of £65 and informing her that unless she pays within a period of 10 working days that the fines officer will take one (or more) of the further steps outlined.

Before a bailiff visits there is a Statutory duty that the bailiff company MUST send your wife a Notice of Enforcement. This will advise that a Compliance fee of £75 has been applied and that if a payment is not forthcoming , that an enforcement agent will attend the premises and an 'enforcement fee' of £235 will be applied.

On the matter of a bailiff forcing entry....the truth of the matter is that the bailiff does NOT require a separate warrant. The 'power' to force entry comes from the warrant of control itself (a copy of which can be viewed at the Magistrates Court).

The matter of the Further Steps Notice is important and if you could respond we can advise further.

[divineinspiration3]

Re: Collectica demanding money to be paid within 3 weeks. PERIOD!!

Ive no idea what correspondence my wife had with the court but I do know the original speeding fine was £110 so you're correct about the 65 being a balance. I think the issue here is with the enforcement agency and their agent as the only contact from them was on our doorstep yesterday morning. We have had no 7 day notice at all. I also spoke to the agent yesterday afternoon and he's given me a couple of days to get back to him. So help?

[Milo]

Re: Collectica demanding money to be paid within 3 weeks. PERIOD!!

Ive no idea what correspondence my wife had with the court but I do know the original speeding fine was £110 so you're correct about the 65 being a balance. I think the issue here is with the enforcement agency and their agent as the only contact from them was on our doorstep yesterday morning. We have had no 7 day notice at all. I also spoke to the agent yesterday afternoon and he's given me a couple of days to get back to him. So help?

Thank you for your response.

The new regulations certainly appear to be working extremely well with industry reports stating a significant increase in the level of debts being paid on receipt of the initial Notice of Enforcement. I

was trying to ascertain yesterday whether your wife had received a Further Steps Notice. If she had not received that notice AND had not received a Notice of Enforcement from Collectica then that would almost certainly indicate that there had been an error with the address at the court.

If your wife is adamant that she had not received a Notice of Enforcement then she could get a solicitor to witness her signature on a Statutory Declaration. As to how succesful this would be and whether the enforcement fee will be removed is somthing that I cannot answer I'm afraid.

[divineinspiration3]

Re: Collectica demanding money to be paid within 3 weeks. PERIOD!!

But is the law clear on "Notice of Enforcement" regarding it being "given" to the debtor?

[Milo]

Re: Collectica demanding money to be paid within 3 weeks. PERIOD!!

But is the law clear on "Notice of Enforcement" regarding it being "given" to the debtor?

Yes...the law is very clear indeed regarding how the Notice of Enforccement must be 'given'.

The legal position is outlined under Regulations 8 of the Taking Control of Goods Regulations 2013 (link below).

As you will see, the Notice of Enforcement may be 'given' by way of a variety of methods including the following:

By post addressed to the debtor
By fax or other electronic device
By delivery by hand through the letterbox
By personally handing to the debtor
etc

http://www.legislation.gov.uk/uksi/2...ade?view=plain

[divineinspiration3]

Re: Collectica demanding money to be paid within 3 weeks. PERIOD!!

The agent said his records show TWO letters going out from his company but none have arrived at our property. Surely they need proof of delivery? Anyone can say they've posted a letter and of course anyone can say they've not received one as well and, I may be a little naive here, surely registered mail should be included in the bailiffs £75. That stops all delivery issues. My wife categorically states that no "Notice of Enforcement" has ever turned up at our house. Should we pay the outstanding balance of the fine to the court direct? and then argue with the bailiffs over their charges? I am prepared to compromise and pay them 75 quid but am extremely loathed to pay anymore, certainly an extra £235 when no enforcement notice has been received. I am very grateful for any suggestions please :0)

[Milo]

Re: Collectica demanding money to be paid within 3 weeks. PERIOD!!

The regulations do not provide for letters to be sent by registered post. It does seem odd that your wife had not received TWO letters. You have not responded as to whether she received the Further Steps Notice from the court warning that she had a balance to pay and that unless paid within 10 working days that a warrant (or one of the other 'steps' outlined) would be issued.

If he had not received the letter from the court AND had not received BOTH letters from Collectica then there must be something amiss with the address that they have on the court records.

If you make payment to the court (after a warrant has been issued), then you need to be aware that all payments now made are forwarded to the enforcement company so that they can divide the payment accordingly to legislation. The compliance fee of £75 must be deducted from the first payment and the balance apportioned. Approx 60% of the payment is credited towards the court fine and 40% towards the £235 enforcment fee.

[divineinspiration3]

Re: Collectica demanding money to be paid within 3 weeks. PERIOD!!

I dont know re the further steps notice, I will ask when I see her later, probably yes. But where do we stand re the 235? Had NO NOTICE OF ENFORCEMENT so do we still have to pay that??

Kindest regards in anticipation

[Milo]

Re: Collectica demanding money to be paid within 3 weeks. PERIOD!!

I dont know re the further steps notice, I will ask when I see her later, probably yes. But where do we stand re the 235? Had NO NOTICE OF ENFORCEMENT so do we still have to pay that??

Kindest regards in anticipation

The question to your wife about the Further Steps Notice is very important given that the address used by the court would be the exact sums address on the warrant that would have been passed electronically to Collectica. If she had not received the FSN then it would indicate an error in the address and this could explain the reason why two separate letters from Collectica appear not to have been received.