West Yorkshire Courts / Collectica

[BEVANS1]

Hi all,

Bit of an odd one this - please bear with me.

My dear lady (again!) was issued a fine through West Yorkshire HMCTS for having an untaxed vehicle. This was £962.50 and she arranged for an attachment of earnings to happen.

This was removed from her wages over the period of 6 months across 2018, and we have electronic wage slips to prove this. Despite this, we received some letters a couple of months ago from West Yorkshire HMCTS stating the attachment of earnings order had failed, and we still owed £962.50.

We advised that it has came off her wages and sent them proof via email of the wage slips. We never heard anything back, no letters/emails, so just assumed it had been sorted. We also checked with her HR department, who confirmed to her that the attachment of earnings had indeed been paid to West Yorkshire HMCTS.

Yesterday we received a notice of enforcement from Collectica, for the sum of £962.50 plus £75. We called them and explained but they said they are under the instruction of HMCTS to retrieve the full amount.

We are in limbo - the money has been taken from her wages, and we cannot afford to pay it again.

Please help!

[zeke]

If the debt has been paid then you must give notice. Paragraph 59 of schedule 12 of the Tribunals Courts and Enforcement Act 2007.

You can create a free template here
https://www.nationalbailiffadvice.uk/Te ... otice.html

If a bailiff continues the threaten enforcement action against you then you can apply for a detailed assessment hearing. https://www.nationalbailiffadvice.uk/Di ... Court.html

[Syd Snitkin]

Call the court and ask what's going on. Get a name of who you speak to or who you need to speak to.

Got to say, that's a hell of a fine for an untaxed vehicle.

[BEVANS1]

Call the court and ask what's going on. Get a name of who you speak to or who you need to speak to.

Got to say, that's a hell of a fine for an untaxed vehicle.

We have, they asked us to get the sort code and account number it was paid into from her HR department. We sent the info over via email 12 weeks ago, and now we have Collectica.

Rang courts friday who said its now with Collectica and we have to deal with them from now on

[zeke]

If you can find that sent email, you can ask HM Court Service to withdraw the warrant control under Section 88(8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

[Syd Snitkin]

We have, they asked us to get the sort code and account number it was paid into from her HR department. We sent the info over via email 12 weeks ago, and now we have Collectica.

Rang courts friday who said its now with Collectica and we have to deal with them from now on

You need to be stronger, not be foobed off. Speak to a manager.

[Syd Snitkin]

Lol, foobed.....

[BEVANS1]

Hi everyone,

Thanks for all of your replies, and i have an update.

After my other half spoke with her payroll, they opened an investigation and have provided her with a letter from WYHMCTS which states that the balance was almost paid off (£702 had been paid off a balance of £962), but they advised her employers to cease the attachment of earnings order and to remove the account from their records.

This seems suspicious that they knew part of the balance had been paid, and have decided to sell the debt to Collectica, adding bailiff fees on. So instead of rightly owing around £200, it is now £1100ish.

We're very confused by it all, but now have proof they received payments and would appreciate some advice on what to do now. Is it worth seeking legal help?

Thanks.

[zeke]

If the letter from WYHMCTS (<?) tells your employer to cease the attachment of earnings order that resulted in you being charged enforcement fees, then you make a Formal Complaint.

In your Formal Complaint letter or email, ask HM Court Service to "withdraw the warrant of control" under Section 88(8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 because the warrant was issued by mistake following HM Court Service instructing your employer to stop the attachment of earnings order.

Attach a copy of the letter to your employer, and any document given by Collectica.

[BEVANS1]

Hi,

Thank you for your continued help. We have all of the relevant documentation to send an email now. Do you have a basic template or know where we could get ome from?

Also, is it worth calling them once sent to try and stop any action Collectica may take, as they have stated we have until tomorrow to pay money unless they will pursue enforcement action

Thanks

[zeke]

There is no template. Just include the information in my previous post and attach the evidence.

No point emailing collectica, they will mess you about. If they get confrontational then keep the door closed, throw a copy of your email and ask them to quietly leave. Get it all on video.

[RyanTarbuck]

Hi Guys

I am having similar problems with Collectica.
I received a letter from them this week on behalf on West Yorkshire magistrates court stating that I owe them £635. I knew absolutely nothing about this and the first correspondence I’ve revived regarding this.

I called Collectica and was informed it was regarding no tax on my vehicle in December 2018. I remembered that I had received a penalty notice in December and a fine of which I paid immediately as I had forgotten to renew my road tax, it was an honest mistake which I obviously accepted and paid the fine. I still have the payment reference number from the DVLA for my payment and their system still shows ‘this penalty had been paid’ and ‘no further action required’

Again I reiterate, I have not received any further correspondence regarding this and as far as I was concerned this was dealt with and closed. Until I received the letter from Collectica this week, 8 months later.

I called Collectica back, explained all of this and that it had been paid, provided the payment reference details from DVLA. But Collectica wouldn’t accept this, stating that the DVLA do not have authority to issue fines and that this would have been ‘back tac’ And not a penalty payment, this is completely untrue. They then went in to state that the magistrates court issue the penalty fine and not the DVLA and that I still need to pay £635.

In the end I became so frustrated with Collectica that I put the phone down. Where do I go from here? Can anyone help or heard of this before?

Thank you

[zeke]

Hi Guys

I am having similar problems with Collectica.
I received a letter from them this week on behalf on West Yorkshire magistrates court stating that I owe them £635. I knew absolutely nothing about this and the first correspondence I’ve revived regarding this.

If you did not know of the proceedings until a date after the proceedings, then the law says they are invalid when you make a statutory declaration and give it by recorded delivery post to the magistrates court.

Make a free statutory declaration here: https://www.nationalbailiffadvice.uk/Te ... -fine.html

I called Collectica and was informed it was regarding no tax on my vehicle in December 2018.

Its a bit late for them to be telling you about it now.

I remembered that I had received a penalty notice in December and a fine of which I paid immediately as I had forgotten to renew my road tax, it was an honest mistake which I obviously accepted and paid the fine. I still have the payment reference number from the DVLA for my payment and their system still shows ‘this penalty had been paid’ and ‘no further action required’

Again I reiterate, I have not received any further correspondence regarding this and as far as I was concerned this was dealt with and closed. Until I received the letter from Collectica this week, 8 months later.

They are only interested in getting money out of you. Get the SD done and that'll be the end of the bailiffs.

I called Collectica back, explained all of this and that it had been paid, provided the payment reference details from DVLA. But Collectica wouldn’t accept this, stating that the DVLA do not have authority to issue fines and that this would have been ‘back tac’ And not a penalty payment, this is completely untrue. They then went in to state that the magistrates court issue the penalty fine and not the DVLA and that I still need to pay £635.

This looks like an unrelated conviction.

Stop calling the bailiff company. They will mess you about.

In the end I became so frustrated with Collectica that I put the phone down. Where do I go from here? Can anyone help or heard of this before?

Thank you

If you are forced to give money to a bailiff for a fine you did not know about. Then use this template Statutory Declaration instead and ask the court service to return the money taken. https://www.nationalbailiffadvice.uk/Te ... -fine.html

[RyanTarbuck]

Hi

Thanks for your responses. I have an update on this. I completed a self declaration stating I know nothing of the offence, had it signed by a solicitor and posted it by recorded delivery to the court.

This was 2 weeks ago and I’ve had no correspondence since neither from the court or Collectica. Then this morning the bailiff turned up whilst I’m away with work demanding payment and threatening that a CCJ will be out against the address and that the cost will increase if it wasn’t paid today.

The person house sitting for my had paid the fine in full faced with a bailiff making threats. Where do I go from here, please help?

Thanks

[zeke]

If you are the debtor, then you apply for a detailed assessment under CPR 84.16 because the enforcement power had been revoked by a statutory declaration and the fees are not applicable. You cannot make a concurrent claim to recover the fine element of the money taken because you are not the person who suffered a loss. I recommend instructing a solicitor for this because you get your costs well & truly paid by the bailiff company. You must exhibit a copy of the statutory declaration you posted to the court.

https://www.nationalbailiffadvice.uk/Di ... Court.html

The person whose hand was forced can make a chargeback. https://www.dealingwithbailiffs.co.uk/b ... geback.htm

[RyanTarbuck]

If you are the debtor, then you apply for a detailed assessment under CPR 84.16 because the enforcement power had been revoked by a statutory declaration and the fees are not applicable. You cannot make a concurrent claim to recover the fine element of the money taken because you are not the person who suffered a loss. I recommend instructing a solicitor for this because you get your costs well & truly paid by the bailiff company. You must exhibit a copy of the statutory declaration you posted to the court.

https://www.nationalbailiffadvice.uk/Di ... Court.html

The person whose hand was forced can make a chargeback. https://www.dealingwithbailiffs.co.uk/b ... geback.htm

Thank you for this, your advice is greatly appreciated. Can I ask how and where I apply for a detailed assessment please? I did take a copy of my statutory declaration and I have the receipt and details for the recorded delivery to the court on the 30th August, 10 days ago.

Thanks again

[zeke]

I recommend not attempting a detailed assessment by your self. If you want a solicitor to prepare your court documents and a barrister to represent you, then send me a private message with your contact details. I'll see if a detailed assessment is possible and if so, I'll refer you. The bailiff company pays your costs.