Letter from Collectica

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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Marcus
Posts: 0
Joined: 01 Feb 2017 14:10

Letter from Collectica

Post by Marcus »

Hi guys,

I have received a letter from Collectica today, stating that I owe £370.00 to the HMCT. As I had no idea what is it about I called the HMCT and found out that this is for an unpaid PCN I've received last year. I had no idea I got one up until the first letter from Marston came this summer. I challenged it, the court didn't accept it so I ignored it, as I wasn't able to pay almost £400. The bailiffs came 5 times, then I though they gave up as I've made no contact with them, didn't let them into my house etc. Does this letter change anything? Or is it just another way of Collectica to try to catch people by surprise and make them pay? Tbh, after such a long time I though they gave up.
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zeke
Posts: 244
Joined: 30 Jul 2012 21:23

Re: Letter from Collectica

Post by zeke »

It is an unpaid court fine.

I don't think this is a PCN.

If you learned of the fine on 18 November 2019, the date of the letter, then the proceedings are invalid. Section 14 of the Magistrate’s Courts Act 1980.

You must make a statutory declaration and send it by RECORDED delivery to the fines officer at any magistrate’s court and that stops the enforcement.

If you do nothing, the bailiff company gives up. They are a commercial business so they don't want to throw money at a lost cause.

There is no legislation that bars enforcement or writes off unpaid court fines.



You can make a statutory declaration here:

https://www.nationalbailiffadvice.uk/Te ... -fine.html

Enter N757AT to bypass the paywall.

You must take it to any solicitor and get is sworn in. The fee is about £5 and take a photo ID with you.

Then take a photo of the sworn document and send it by RECORDED DELIVERY to the address on the document.

That revokes the fine and the conviction.
Marcus
Posts: 0
Joined: 01 Feb 2017 14:10

Re: Letter from Collectica

Post by Marcus »

I have called the HMCT and they adviced me it’s an unpaid PCN. I knew about it as I explained in my previous post
zeke
Posts: 244
Joined: 30 Jul 2012 21:23

Re: Letter from Collectica

Post by zeke »

Then the document to have posted is the wrong one.

Collecica uses that letter when recovering an unpaid magistrate's court fine.

Ask for the PCN number then call the Traffic Enforcement Centre on 0300 123 1059 (closes at 5pm weekdays) and see if the security check shows the address on the warrant has your current address.
Marcus
Posts: 0
Joined: 01 Feb 2017 14:10

Re: Letter from Collectica

Post by Marcus »

Ok, thank you for your advice. If the bailiff comes to my house in the meantime, does he have the power to force entry?
zeke
Posts: 244
Joined: 30 Jul 2012 21:23

Re: Letter from Collectica

Post by zeke »

Yes, provided there is a genuine enforcement power.

But the expression to force entry is wildly misinterpreted by the bailiff industry.

The statutory definition is, entering premises under the power conferred by paragraph 14(6) or paragraph 15 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

The bailiff industry interpretation of force entry is getting a locksmith and breaking into homes.

Breaking entry by bailiffs is almost non-existent since 2015.

A pair of police officers, captured on CCTV witnessing a bailiff breaking into a home had their police pensions royally shafted when the homeowner sued.

The official advice to police officers working in the presence of bailiffs, has been revised.

Now, when bailiffs use words like locksmith and enter premises, its just threatening language.
Marcus
Posts: 0
Joined: 01 Feb 2017 14:10

Re: Letter from Collectica

Post by Marcus »

Great, thank you so much for your information. Your help is really appreciated
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