Collectica Debt Help

mrsmaccx · 24 April 2013 at 2:07PM

I have been actively trying for some time to discharge my debt, and I have six months left before I am debt free!! I have used forums on here for advice, but I have never posted before.

When I have been discharging my debt, I forgot to pay off one of my newer debts, a Court fine for my husband. I paid off £100 directly to Collectica, and then foolishly forgot to pay off anymore. The total remaining debt is for £400.

Today a bailiff from Collectica called for my husband who is at work, he advised me to give him a letter, that I will detail below, and advised me that he has made a payment, but the rest is outstanding and the Courts are due to make a Warrant for his Arrest this Friday if payment is not made in full. He has asked my husband to telephone him when he is home from work.

The letter from Collectica states:

NOTICE OF INTENTION TO ENTER AND SEARCH YOUR PREMISES - REMOVAL NOTICE

Due to your failure to pay an outstanding Court Fine a Bailiff, under instructions of Her Majesty's Courts and Tribunal Service has attended your premises today with the intention of levying distress and removing your goods.

The Magistrates Distress Warrant empowers the Bailiff from Collectica, by virtue of Schedule 4A of the Domestic Violence, Crime and Victims Act 2004, to enter your premises by force should you willfully refuse to pay the outstanding fine and costs.

To prevent the removal of your goods and the expensive additional removal costs you must made immediate payment to the Bailiff. Failure to do will result in the Bailiff re-attending your premiss with Locksmiths and the Police to remove your goods even in your absence.

NO FURTHER NOTICE WILL BE ISSUED.

I'm just wanting some advice before my husband telephones him. Can he still may payments, without an Arrest Warrant being made? I've dealt with Rossendales before and I know not to let them take a levy and not to let them come into our property. Is there any way that we can still make payments? We can't afford in the slightest to pay any money before Friday, but my husband does get paid on Tuesday so we could make a payment then. Any help would be greatly appreciated. I'm really worried!!

michael1983l · 24 April 2013 at 2:21PM

If this debt relates to a fine issued by the courts then he has no other option but to pay or have property removed from the premises and/or be imprisoned for failure to pay a court fine.

You could however try to negotiate a payment plan but you will have to make an immidiate payment to the bailiffs in order for them to consider this.

As this appears to be a criminal matter rather than a civil matter, they can gain access to your house with the police present.

mrsmaccx · 24 April 2013 at 2:25PM

Thanks for that. So basically, there's nothing we can do and he'll just have to go ahead and get the arrest warrant? What will happen if he has an arrest warrant? The original Court Case was for a train fine that wasn't very much but Collectica have added on £215 for an attendance fee.

mrsmaccx · 24 April 2013 at 2:33PM

I should add, we do intend to pay this off as soon as possible! Contemplating paying it all off on Tuesday when my husband gets paid and live on beans for a month!! Would they be likely to accept an offer if we told them we could pay it all off on Tuesday?

michael1983l · 24 April 2013 at 2:35PM

Keeping them uptodate with your current situation will always help. If you can't afford a token payment now, a promise of a payment on a set date is better than nothing, just make sure you stick to your promise.

National_Debtline · 24 April 2013 at 3:09PM

Hello there.

Typically Magistrates' Court bailiffs add in the region of £300 in fees to the debt once it has been passed to them. Whilst they have the power to force entry as a last resort we hardly ever come across this happening, in fact I've not come across an example in the last few years. Of course we would have to assume that they mean business - if you can clear the debt ASAP it would be advisable to prioritise this debt if you can. For further info on fines we have a useful fact sheet, here it is:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=13_magistrates_court_fines

Best wishes,

David.

mrsmaccx · 24 April 2013 at 8:44PM

The main thing that I'm worried about is him stating that there is to be a warrant out out for his arrest. Could this just be a scare tactic, or if we can't pay any money today will this be enforced and what would happen?

mrsmaccx · 24 April 2013 at 9:29PM

Just to update, my husband has telephoned the debt collector. Husband advised him that he could not pay in full and offered to pay by instalments of £100 per month. He wasn't happy about this, so my husband offered to pay half when he gets paid (this Tuesday) and half the next month, he still wasn't willing to accept this.
He didn't mention anything on the telephone about a warrant for his arrest being made, so I think this was just a scare tactic. I'm sure I read somewhere that it is unlawful for debt collectors to do this, is this correct?
Also, I saw on this forum a long time ago a letter that you could send to the debt collection company direct, that stated you will only communicate with them in writing and you don't allow debt collectors to be on your property, would this be applicable and would anyone know where to find it? I've searched all over this forum now.

The debt collector advised that because my husband can't pay he's coming to the property on Friday to remove goods, I know not to let him in and keep the doors locked, but will he have a warrant for it without our knowledge, or would we have to have been informed that he was going to court to obtain one? It just sounds like he's trying to make his way in to get a levy to me, and then he'll accept a payment plan after he's levied everything. But could I email the company direct stating that I didn't want them at my door anymor and advising them I think he's doing wrong, and my intentions for payment?

Thank you all for your help, it's much appreciated!

pauletruth · 24 April 2013 at 9:59PM

nope that won't work. he is a real bailiff . also he has the right to force his way in as this is a court fine. why would the bailiff not except 2 payments. if i was you i would find it even if another bill has to wait.

mrsmaccx · 24 April 2013 at 10:10PM

He's not actually a bailiff from the court, he's from the debt collecting company Collectica, does that make a difference?
I wasn't aware that bailiffs could force entry without a court orde, how is that possible?
I don't know why he wouldn't accept payments, he didn't mention anything about a warrant for arrest on the phone to my husband so I thought that was a threat of arrest he could get away with because he didn't directly say it to my husband.
When my husband said he didn't have the money to pay him, and he offered to pay half on tuesday and half on a specified date, he just said "okay, we'll be round on Friday to take goods". I was thinking that he was just going to come around on Friday and try and get us to let him in to take a levy, and then say he'll accept a payment plan knowing he has the right to come back into the property if we miss a payment, am I just being nieave about this?

TherealMandM · 25 April 2013 at 6:18AM

Collectica provides services for Local Authorities, Magistrates’ Courts, Housing Associations, Revenues & Customs, Court Committees, Central Government departments and many other public agencies nationwide. We provide a service that enables legally imposed fines to be collected and returned to the public purse.

also says on there website
Collectica’s staff provide a professional and understanding service that will enable the debtor to service the debt whilst taking full consideration of their financial circumstances and current situation

Collectica Debt Help

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