Haveing trouble with COLLECTICA plz help

[bluebottle]

Re: Haveing trouble with COLLECTICA plz help

Again we are seeing comments which are simply not realistic. HMCTS Criminal Enforcement and the MoJ will not be terminating Collectica's contract. Most of the public are fortunate enough to have nothing whatsoever to do with enforcement companies, so why they would be making any noise about Collectica's behaviour escapes me, let alone using their social media accounts to do so.

In my humble opinion we really should stay grounded when making comments - I know this is not the first time someone has made this type of comment recently.

If there is nothing to be said to progress the case for the debtor I would personally suggest it is better to make no comment at all.

The reality is that Collectica have done this in the past and in a number of instances I have seen on LB and another site where I post lately. It is true that what we see on LB is the tip of the iceberg. Trying to force debtors into paying more than they can realistically afford is a known modus operandi of Collectica within the advice sector. However, if the MoJ and HMCTS do not know about Collectica's behaviour they cannot do anything to curb it.

[Wombats]

Re: Haveing trouble with COLLECTICA plz help

The reality is that Collectica have done this in the past and in a number of instances I have seen on LB and another site where I post lately. It is true that what we see on LB is the tip of the iceberg. Trying to force debtors into paying more than they can realistically afford is a known modus operandi of Collectica within the advice sector. However, if the MoJ and HMCTS do not know about Collectica's behaviour they cannot do anything to curb it.

I don't doubt that, and I'm sure they're not the only company doing this. I've read your posts on the other forum. I think any enforcement company put under the microscope would fall foul of many issues. In any case would it possibly be better to start a thread where these instances can be highlighted. Perhaps admin would consider passing them on to the MOJ if there are sufficient to merit doing so.

[bizzybob]

Re: Haveing trouble with COLLECTICA plz help

That Wombats is something we should all support, as there are more cases of this nature than people think. Collecticrap, Marstons et al think they are invincible and untouchable. Time to show them they are not, and the law applies to them as much as it does to anyone else.

@: bluebottle here is one of the notifications that indeed Marstons Holdings have aquired Collecticarp from Serco the Jerco

http://www.ccrmagazine.com/index.php...1547&Itemid=33

[Wombats]

Re: Haveing trouble with COLLECTICA plz help

My point is posting it here in no way helps the OP though in my opinion. Comments such as those made above only serve to clutter the threads. Surely starting a discussion thread would be better to keep the theory aside from the reality.

[bluebottle]

Re: Haveing trouble with COLLECTICA plz help

That Wombats is something we should all support, as there are more cases of this nature than people think. Collecticrap, Marstons et al think they are invincible and untouchable. Time to show them they are not, and the law applies to them as much as it does to anyone else.

@: bluebottle here is one of the notifications that indeed Marstons Holdings have aquired Collecticarp from Serco the Jerco

http://www.ccrmagazine.com/index.php...1547&Itemid=33

I have serious concerns about Marstons owning Collectica and Swift as this, effectively, means they have a virtual monopoly on the collection of unpaid court fines. If they take over Excel, they will have a monopoly. That is not good.

[doubleslap2]

Re: Haveing trouble with COLLECTICA plz help

Why has there been so little comment on the amount the OP is being asked to pay? £60 a week from an £80 income? That is not feasible, nor acceptable. This bailiff needs to be told where to go.

The OP is clearly a vulnerable person, on prescribed benefits and under medical supervision. Give her the expert advice she clearly needs and you should be providing.

[bizzybob]

Re: Haveing trouble with COLLECTICA plz help

Why has there been so little comment on the amount the OP is being asked to pay? £60 a week from an £80 income? That is not feasible, nor acceptable. This bailiff needs to be told where to go.

The OP is clearly a vulnerable person, on prescribed benefits and under medical supervision. Give her the expert advice she clearly needs and you should be providing.

I mentioned vulnerability and the ludicrous payments collecticrap were demanding in my initial post #2 OP has tried to contact court and collecticrap, and they are having none of it, now I feel she is clearly vulnerable but the new regs leave it up to the EA to assess, this is not good enough imho.

I think if Op can turn up at the court with the proofs of her circumstances, as per Wombats they may do something to help. She could al;so mention or better still print this bit off and show to the court staff.

" The fines officers in the Magistrates Courts and the bailiffs enforcing fines seem not to know that there is a new law in the Legal Advice Sentencing and Punishment of Offenders Act 2012 that allows them refer cases back to the magistrates when;
1. a person was not in court when fined and has a disproportionate fine
2. there is a change of circumstances after the Magistrates’ original decision
3. there is financial hardship! "

Applies to claire123's circumstances along with any vulnerability due to the problems with her pregnancy imho

[doubleslap2]

Re: Haveing trouble with COLLECTICA plz help

The OP needs to come back and let us know she's understood what to do, and is in a position to do it.

[bizzybob]

Re: Haveing trouble with COLLECTICA plz help

The OP needs to come back and let us know she's understood what to do, and is in a position to do it.

Yes she does, and we need to be there tomorrow from early doors to support her. and others. If the court and collecticrap stonewall, some of bluebottles methods they do become relevant.

[Wombats]

Re: Haveing trouble with COLLECTICA plz help

Why has there been so little comment on the amount the OP is being asked to pay? £60 a week from an £80 income? That is not feasible, nor acceptable. This bailiff needs to be told where to go.

The OP is clearly a vulnerable person, on prescribed benefits and under medical supervision. Give her the expert advice she clearly needs and you should be providing.

Agree as per below! Sadly, while I tend to agree with you, the vulnerability is in the hands of the EA and creditor now. It is the OP's responsibility to let them know of her vulnerability and for them to decide if she qualifies.

My point is posting it here in no way helps the OP though in my opinion. Comments such as those made above only serve to clutter the threads. Surely starting a discussion thread would be better to keep the theory aside from the reality.

The OP needs to come back and let us know she's understood what to do, and is in a position to do it.

She did - when asked if she could go to the court in person she replied this evening:

yea could do

[seanamarts]

Re: Haveing trouble with COLLECTICA plz help

Hi Claire123,

Have a good read of this link (section 70 & 77) would cover you
http://www.justice.gov.uk/downloads/...-standards.pdf

Please make the Court and Collectica aware of your vulnerability status. Once they have notice of this and see that you are pregnant and are on a low income, they 'should' lower the payments to a more affordable amount.

Have a word with your midwife and ask if she could write a letter on your behalf with regards to your condition (losing water) However your pregnancy record book, should have notes in there so that may well be proof enough for them.

Good luck with this

[bizzybob]

Re: Haveing trouble with COLLECTICA plz help

Claire, here is your gameplan then, get down to court with the proofs mentioned, read the info from the link provided by seanamarts agreement andyou should be ok. I have quoted part of the section below for you.


76.

Enforcement agents should be aware that vulnerability may not be immediately
obvious.
77.
Some groups who might be vulnerable are listed below. However, this list is not
exhaustive. Care should be taken to assess each situation on a case by case
basis.

the elderly;


people with a disability;

the seriously ill;

the recently bereaved;

single parent families;



pregnant women;

unemployed people; and,



those who have obvious difficulty in understanding, speaking or reading

English.

Good luck today

[claire123]

Re: Haveing trouble with COLLECTICA plz help

Thank you all for the posts had hospital appointments yesterday for the majority of the day will be making my way to the courts in the next hour or so, have wrote down a few things to point out and also got proof of income and maternity folder to take in. Will let you no whats happened asap .

[claire123]

Re: Haveing trouble with COLLECTICA plz help

Spoke to the courts who said to ring collectica explain circumstances and to say it needs to go back to court for a hearing. if no joy to get back intouch with courts.

Rang collectica explained, was told I new that it needed to be payed they wont lower payments or take pregnancy into account as im not yet in third trimester and they wont send it to court the courts would need to recall it.

Phoned the courts explained the earlier conversation where was told its nothing to do with them as everything is with collectica ring back and speak to a line manager..............

[bizzybob]

Re: Haveing trouble with COLLECTICA plz help

Spoke to the courts who said to ring collectica explain circumstances and to say it needs to go back to court for a hearing. if no joy to get back intouch with courts.

Rang collectica explained, was told I new that it needed to be payed they wont lower payments or take pregnancy into account as im not yet in third trimester and they wont send it to court the courts would need to recall it.

Phoned the courts explained the earlier conversation where was told its nothing to do with them as everything is with collectica ring back and speak to a line manager..............

Looks like this applies:

http://www.taxpayersagainstpoverty.org.uk/

" The fines officers in the Magistrates Courts and the bailiffs enforcing fines seem not to know that there is a new law in the Legal Advice Sentencing and Punishment of Offenders Act 2012 that allows them refer cases back to the magistrates when;
1. a person was not in court when fined and has a disproportionate fine
2. there is a change of circumstances after the Magistrates’ original decision
3. there is financial hardship! "

I feel that it may need escalation so perhaps bluebottle or one of the others can point claire in the right direction. If a pregnancy is problematic, it doesn't need to be in the third trimester to be detrimental to mother or unborn whatever Collecticrap say.

The court staff are being obstructive in exactly the manner highlighted in the link and quotation, it is within their remit to recall, which they can do at any time.