Debt collection agency problem

Back in April i was given a 'grant of time to pay' from HMCS for fine of £275 for an old vehicle offence. I agreed with the court to set up a direct debt of £20 a month until the fine was paid. I asked the court for a standing order mandate form with their account details to set up the payments. A month had passed and i hadn't received the mandate form so i contacted HMCS and they told me the fine had been passed over to a debt collection agency due to no action from me to arrange payment.

I contacted the debt collection agency and the fine had now gone up to £360! I asked to try and set up a direct debt of £20 per month but they flatly refused this until i payed 30% of the fine up-front. I told them i couldn't afford 30% at present but they wouldn't budge. It was left that i have a week to pay 30% or the bailiffs will come round.

I feel totally bullied by this agency and i'm also disappointed in the HMCS for not getting in contact with me first about the unpaid fine before passing the debt over.

Can anyone advise me on my rights here, do i have to pay 30% by law and are the bailiffs really going to come round? It seems like a lot of expense just for 30% of the fine.

Thanks in advance

Comments

  • Wywth
    Wywth Posts: 5,079 Forumite
    Mikemurg wrote: »
    Back in April i was given a 'grant of time to pay' from HMCS for fine of £275 for an old vehicle offence. I agreed with the court to set up a direct debt of £20 a month until the fine was paid. I asked the court for a standing order mandate form with their account details to set up the payments. A month had passed and i hadn't received the mandate form so i contacted HMCS and they told me the fine had been passed over to a debt collection agency due to no action from me to arrange payment.

    I contacted the debt collection agency and the fine had now gone up to £360! I asked to try and set up a direct debt of £20 per month but they flatly refused this until i payed 30% of the fine up-front. I told them i couldn't afford 30% at present but they wouldn't budge. It was left that i have a week to pay 30% or the bailiffs will come round.

    I feel totally bullied by this agency and i'm also disappointed in the HMCS for not getting in contact with me first about the unpaid fine before passing the debt over.

    Can anyone advise me on my rights here, do i have to pay 30% by law and are the bailiffs really going to come round? It seems like a lot of expense just for 30% of the fine.

    Thanks in advance

    I think the issue here is that you keep on referring to Direct Debits whilst you are actually wanting to set up a standing order. All you need is the sort code and account number of the account to be credited, and you can ask your bank to set up such a standing order (or you may be able to do it yourself online if you have online banking facilities)

    Debts do accrue interest and charges, especially when debt collectors become involved. These can be held in abeyance if you have an agreed repayment plan in place. However, in this instance whether such an agreement was infact made is neither here nor there, as you appear to have failed keep to the terms of the repayment plan you agreed.

    Debt collectors will continue to contact you regarding the outstanding debt, and that may even involve visits by them to your home in an attempt to recover the money you owe.

    Whether or not you allow them in is up to you, but some people are more embarrassed by having debt collectors on their doorstep for all their neighbours to see, especially if the discussions on repayment plans are long winded or worse, repeated frequently as may come back again and again until a repayment plan is agreed (and complied with by you) or they get the money they are owed.

    Home visits by debt collectors can be very expensive, so best to try and avoid them if you can.

    I'm new here, but see there is a Debt Free Wannabe board on this site. I would suggest you post your financial details on there where it appears there are many people offering sound advice on how best to get debts under control

    Good luck. :)
  • Mikemurg
    Mikemurg Posts: 7 Forumite
    Thanks for the info Wywth and yes your right I meant to say standing order rather than direct debt. I'll perhaps try the other board you suggested. Thanks again.
  • CAB_Swansea_Bay_representative
    CAB_Swansea_Bay_representative Posts: 287 Organisation Representative
    Hi Mikemurg, thank you for your query regarding debt collection agency problem.
    Firstly you have said that it is a debt collection agency collecting for a court fine but it is important to check this as if the fine is a criminal fine imposed by a magistrates court it is more likely that it is a certified or private bailiff collecting this debt. The reason this is important is that bailiffs collecting for magistrates courts' fines can, in some circumstances, break into your property and in limited cases, arrest you for non-payment of a court fine. More information about fines and bailiffs is available via this link http://www.adviceguide.org.uk/wales/search.htm?query=court+fines&x=0&y=0.
    Regarding the charges bailiffs can add to your fine. These can be for sending a letter or visiting your home and can quickly mount up and in your case I would suggest you seek advice as soon as possible if you are unable to pay the amount in full. You can find out contact details of your local Citizens Advice Bureau by visiting http://www.citizensadvice.org.uk.
    Hope this is of assistance.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
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