Collectica concerns

[dekka]

Hello,

 

yesterday I received a notice through the door stating that a bailiff would be attending with locksmiths and police in order to remove property to settle an unpaid court fine.

 

However the issue is that the person named on the notice doesn't live here, I don't even know her nor has she lived here for the past 16 years! The notice doesn't have my address on it, or any address, just the recipient's name.

 

I contacted the bailiff on the notice immediately and informed him of this.

 

My concern now is that he may come back with those locksmiths and police in order to remove property; can he legally do this now that he has been informed that I don't know this person and that she doesn't live here?

[brassnecked]

Do you have details of what court issued the fine? If so swear a Statutory Declaration as to th3e fact the named debtor has not lived there for 16 years and there are no goods and chattels belonging to the debtor at your address and further they are not on the Electoral Roll at the address.

 

Technically they will say they can force entry under the Domestic Crime & Violence Act 2004, but in practice this is only used for persistent offenders.

 

You should swear the stat dec anyway at ypur local court who should be able to trace what court dealt with it. the bailiff may hide behind DPA as you are not the debtor. If the bailiff turns up, do not let him in, hand him the stat dec, it they have been known to claim the debt rests with the address and invite you to pay under duress. That is a no no/

[tomtubby]

What you SHOULD be doing is to send an urgent email to Collectica to advise them that this is not your debt.

 

Also, send a TEXT message to the bailiff to advise him that you have written to Collectica and that a search of the electoral roll will confirm that you are not this person and that you will not hesitate in calling the police if they attend.

 

What you need to be aware of is that MANY people contact such companies to "claim" that a fine defaulter does not live at a property and this causes problems for genuine cases such as yours.

[dekka]

I have emailed the company advising them of this, and my intent to call the police should any attempt to levy goods be made. They've asked for a scanned copy of my council tax bill as proof.

[tomtubby]

To avoid any further action I would suggest that you send proof by way of the council tax bill.