Unpaid tv license fine

[Shellie]

Hi really need advice please, I had bailiffs come round for an unpaid television license fine I paid him £150 with an agreement I would pay the remaining £295 2 weeks later but since then had come out of work and had to apply to go on benefits (which is still in process) so having to provide for myself and 3 children youngest only 3 on the tiny bit of child tax credits I get. I'm not able to make the last payment he wants. I have rang the courts and explained I can't afford the payments and asked if I could do a payment plan of £10 per week but was told I would need to speak to the bailiff, which he told me he couldn't do and to make the payment or he is coming to take my goods, any advice would be approximated has I don't want them to take my goods which is not slot to be fare.

[MissFM]

Re: Unpaid tv license fine

Hello Shellie and welcome to LB ,

Members here with expertise in bailiff matters will be along shortly.

In the meantime, don't panic and be patient. :hug:Things are highly unlikely to be as bad as you think. You have come to the right place and help is at hand to see you through. x

[bluebottle]

Re: Unpaid tv license fine

Whoever you spoke to at the court should have told you that you have a right under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to have your case sent back to court for a Means Hearing as your circumstances have changed. Ring the court first thing on Monday morning and ask to speak to the Court Manager. Mention the legislation I have quoted.

[Shellie]

Re: Unpaid tv license fine

I did tell the courts my circumstances had changed and they did say I had to email the enforcement agency stating this and the offer I was offering per week but I shall ring them back in the morning and state what you have just told me.
Thank you

[bluebottle]

Re: Unpaid tv license fine

Which civil enforcement company is involved, please?

[Shellie]

Re: Unpaid tv license fine

[QUOTE=bluebottle;496364]Which civil enforcement company

[Shellie]

Re: Unpaid tv license fine

It's collectica enforcement agency

[bluebottle]

Re: Unpaid tv license fine

Say no more. Collectica are well-known for telling porkies where court fines are concerned. Speak to the Court Manager. If you get no joy from them, come back onto this thread.

[Shellie]

Re: Unpaid tv license fine

Hi would really appreciate any advice as I have ringing the courts constantly explaining my situation I am now out of work and asking them to take the case over from collectica so I could pay in weekly installments of the 295 remaining on my account, to which I have been told it's now out of their control and to ring collectica of my situation. The enforcement officer has come back today and because I explained I have not got the money he said he is not forced to send the removal men in to remove my goods I have nothing of value as I'm a single mum to four children but now I have got my 3 year old petrified

[bluebottle]

Re: Unpaid tv license fine

As a single-parent family you are classed as vulnerable. The EA and Collectica should refer the case back to the court for direction. The court staff need a good hard kick up their backsides.

Which court is involved and which county do you live in, please?

Also, have you spoken to the court manager at all?

There is a piece of legislation called the Legal Aid, Sentencing and Punishment of Offenders Act 2012 which the court should know about and which allows cases to be referred back to court for reassessment where defendants' financial circumstances change.

[Shellie]

Re: Unpaid tv license fine

As a single-parent family you are classed as vulnerable. The EA and Collectica should refer the case back to the court for direction. The court staff need a good hard kick up their backsides.

Which court is involved and which county do you live in, please?

Also, have you spoken to the court manager at all?

There is a piece of legislation called the Legal Aid, Sentencing and Punishment of Offenders Act 2012 which the court should know about and which allows cases to be referred back to court for reassessment where defendants' financial circumstances change.

It's hull magistrates cour, I explained to the courts manager I am a single parent and my youngest is 3 so didn't really want the bailiffs turning up at the house with the Bain in but all they said it's to do with collectica not us we can't do anything less they send it back, I rang the enforcement and said for them to refer it back to the courts and they said if you have nothing of value they no need to worry as we will send it back to court then. Which is not exacly the point it's more I don't want them turning up with my little girl in the house. They came today and wasn't in but they told my 18 year old daughter they will be back tonight or tomorrow

[bluebottle]

Re: Unpaid tv license fine

There have been issues of ignoring vulnerability and other matters relating to enforcement action involving Hull Magistrates Court on previous occasions. The Area Enforcement Team is in the same building. Their email address is hu-hullenforcement@hmcts.gsi.gov.uk

Send an email with "For Attn. of HMCTS Senior Enforcement Manager or Service Delivery Manager - Humber - URGENT" in the subject box of your email browser.

At the head of the email, include -

Full Name
Date of Birth
Address
Court Reference

Keep it brief and concise. Stress that vulnerability is being ignored. If you can, scan any evidence of your single-parent status and attach to the email. Explain your change in circumstances and the court staff's apparent failure to observe the provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 with regard to means hearings where a defendant's financial circumstances have changed. Make sure you include a contact telephone number.

Do this straight away if you can.

Hope this helps.

[Shellie]

Re: Unpaid tv license fine

[QUOTE=bluebottle;501181]There have been issues of ignoring vulnerability and other matters relating to enforcement action involving Hull Magistrates Court on previous occasions. The Area Enforcement Team is in the same building. Their email address
Thank you for your help and advice I shall get on to doing that straight away

[Milo]

Re: Unpaid tv license fine

I rang the enforcement and said for them to refer it back to the courts and they said if you have nothing of value they no need to worry as we will send it back to court then.

Which is not exacly the point it's more I don't want them turning up with my little girl in the house. They came today and wasn't in but they told my 18 year old daughter they will be back tonight or tomorrow

From what you have written it would appear that Collectica may well have notes on their records stating that you have no goods worth taking. Such notes would have been made following the bailiff visit.

It is very rare indeed for a bailiff company to return an account back to the court because a debtor had asked them to. Instead, the warrant would be returned following a visit from the bailiff and confirmation from him (or her) that the debtor had no available assets.