Historic fine debt

*Hello all, could someone please put this in the right place?*


I'll keep it as brief as possible, although perhaps not as brief as you'd like!

I married my husband in May last year - he was in a bad place for 23 years and has been healthy and happy for a year. As such, he had a few legal problems that we've resolved as soon as they arose.

In November, we returned home from holiday to find a letter on the mat from Bristow & Sutor (for a debt for an old electricity bill of his £131 - paid) and another from Nottingham magistrates court, dated 2006 for historic fines. The amount was for £811. Rather than mess about with payment plans, I called the central office to enquire about paying it off and asked them to check for anything else while we were at it. They found another fine from Lincs magistrates court for £691. They gave me two reference numbers, the automated payment telephone number and I paid them both off that same day (12th Nov).

At the end of December, I had a visit from an agent from Collectica. Knowing that we had no outstanding debts and as it was bucketing down, I invited him in to discuss and show him my bank statement proving payment.

He said that unfortunately, Lincoln magistrates court had forwarded the £691 on to Collectica, as it had been paid 10 days after the enforcement date had passed. I explained to the man that the first I had known about the Lincoln fine was when I had called to pay the Notts fine, and that I had received no letters from them regarding the matter. I reasoned that we obviously weren't avoiding debts as they had both been paid off in full. Alas, he stuck me with a £75 compliance fee and £235 for calling that day. He said he didn't have to prove that they'd written to us about the fine prior to him turning up, and that I should take it up with Royal Mail. He also informed me that as I'd invited him in, he could now gain access whenever without my permission. He left me a notice to remove goods, but took no inventory.

I called Lincoln HMCTS immediately and asked why they had sent the money to the DCA when I had paid in full, and why nobody had informed me that that was what had happened. They said that was the procedure and they weren't prepared to discuss it further. I explained that I now had been blindsided by a debt collector, who flat out refused to set up a payment plan (even after I explained the fines had cleared out our savings) and who was threatening to take everything he could, unless I could provide receipts to show it all belonged to me. Essentially they (Lincoln) said that while the payment had been accepted initially, upon them sending it to Collectica, a warrant was re-issued. This seems incredibly unfair.

So, now Collectica have only paid the courts £616 back, they are still chasing us for the fine, rather than just their enforcement fee - I presume this enables them to just get back into my home as and when? I don't know when they'll turn up next and add another extortionate fee to the current balance and this is all becoming too much. Complaining to Lincoln HMCTS again today got me absolutely nowhere, in fact, when I questioned them re-issuing a warrant for a fine already paid, he said he refused to discuss it with me further, and he would be adding notes to ensure nobody else in his department did either. I have to deal solely with Collectica.

Any advice would be greatly appreciated. I want to hopefully contact Collectica by tomorrow, as I'm just so worried that they're going to turn up here.

Comments

  • sourcrates
    sourcrates Posts: 28,876 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    edited 19 March 2018 at 2:26PM
    Hi,

    National Debtline, give them a call to discuss this.

    The link is in my signature below.

    They were not debt collectors, they were bailiffs, hence the fee`s.

    Most likely a written complaint to the bailiffs head office may help.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    First Post First Anniversary Combo Breaker
    Hi Animac and welcome to MSE,


    This is an understandably upsetting situation and there are quite a few things to take into consideration. First of all, with magistrate court fine bailiffs, they can force entry in the first instance; however, the use of a locksmith in this situation is very rare. What they actually try and do is come inside through open or unlocked access or by an invitation, which is what happened. But because no controlled goods agreement was made, it is very unlikely they will attempt to force entry now. So, make sure that your home is secure and do not let the bailiffs in. If they were to try and force entry, it would be with a locksmith, so unless the bailiff is stood with a locksmith, refuse them entry.


    Also, they should only take the liable persons goods for the debt. So, if you have anything of value outside of your home, such as a car, you will also need to prove that vehicle is yours with a receipt or hide that from now on to keep it safe from the bailiffs. If your partner has a car, bearing in mind it is his fine, he will definitely need to hide it.


    With regard to the court, I would suggest a letter and not a phone call. Ask them for written confirmation of when the matter was passed to the bailiffs. If that was prior to the payment (12th November 2017) then, I am sorry to say, the bailiffs fees will likely stand. You can complain that this was not explained to you, however, this would've been explained to your partner, in previous correspondence about the risk of enforcement if a fine is left unpaid. I appreciate you did not receive notice, but the bailiffs don't have to send their documents recorded delivery.


    You can also write to the bailiffs and ask for confirmation of which address the notice of enforcement was sent to. If it went to an old address you may be able to complain that it should be reissued to the correct address before the enforce fee can be added. Unfortunately, the legislation is not crystal clear on this point, and you must bear in mind, it is quite an old fine. I would suggest you call one of the free debt charities for more advice, but I hope this helps.


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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