Collectica Bailiffs, old paid speeding fine, visit turned nasty! - for their FEES only - help please

[ws71]

The court have still not given me written confirmation, but they have admitted being at fault for sending out a distress warrant by mistake, but the bailiffs are also at fault for the way they held open and damaged our door, yet I cannot get any help on this its just ridiculous!!!! Bb

[tomtubby]

The court are responsible for the bailiffs actions. I am pushed for time right now and cannot read back to earlier posts but I am sure that I had stated that Formal Complaints need to go to the court. I notice that you have send two letters both the Collectica.

 

Have you copied these letters to the court and have you ALSO made a Formal Complaint to the court?

[ws71]

I have today received a cheque from the court which I presume is compensation but its a joke. It's for £200 which I presume is to cover my loss of earnings and telephone calls, but we still have a £600 bill for our damaged front door. The bailiffs have told their employers Collectica that they didn't cause damage. Liars! So how do I get compensation for our door!!!!!!!

[unclebulgaria67]

I have today received a cheque from the court which I presume is compensation but its a joke. It's for £200 which I presume is to cover my loss of earnings and telephone calls, but we still have a £600 bill for our damaged front door. The bailiffs have told their employers Collectica that they didn't cause damage. Liars! So how do I get compensation for our door!!!!!!!

 

Issue a court claim against the bailiffs.

[brassnecked]

Issue a court claim against the bailiffs.

 

The last thing a bailiff needs is a CCJ so worth a punt

[ws71]

The latest here is that the court have sent me a £200 cheque with no letter or phone call explaining what it's for. I presume it's to cover loss of earnings and costs of calls etc so no compensation, and nobody is willing to pay for our damaged door. Even the police keep fobbing me off. I have had to get an appointment tonight at the police station to make a complaint as they keep saying its a civil matter. Am I definately correct in insisting that the matter is criminal, and they are definately not allowed to force entry when they lodged their boots in the door? I need to be clear if I'm talking to the police later. Thanks in advance

[citizenB]

The latest here is that the court have sent me a £200 cheque with no letter or phone call explaining what it's for. I presume it's to cover loss of earnings and costs of calls etc so no compensation, and nobody is willing to pay for our damaged door. Even the police keep fobbing me off. I have had to get an appointment tonight at the police station to make a complaint as they keep saying its a civil matter. Am I definately correct in insisting that the matter is criminal, and they are definately not allowed to force entry when they lodged their boots in the door? I need to be clear if I'm talking to the police later. Thanks in advance

 

 

Is this on top of the cheque you received last month, advised in your post of 19th October ?

 

Tomtubby should be able to advise on your question.

[seanamarts]

The latest here is that the court have sent me a £200 cheque with no letter or phone call explaining what it's for. I presume it's to cover loss of earnings and costs of calls etc so no compensation, and nobody is willing to pay for our damaged door. Even the police keep fobbing me off. I have had to get an appointment tonight at the police station to make a complaint as they keep saying its a civil matter. Am I definately correct in insisting that the matter is criminal, and they are definately not allowed to force entry when they lodged their boots in the door? I need to be clear if I'm talking to the police later. Thanks in advance

 

They are certainly not allowed to place their foot in the door or force their way in.

[ws71]

Hi, no the previous cheque was just the refund of the Collectica charge that I was forced to wrongly pay

[ws71]

They are certainly not allowed to place their foot in the door or force their way in.

 

Is this definately LAW though? In which case, why do the Police keep telling me its civil?

[ericsbrother]

The police have no desire to become involved so will tell you that to make you go away.

 

It is clearly criminal damage but I would be using the small claims procedure to recover the damages from the bailiff company.

 

The burden of proof in a civil case is much lower than a criminal one which is why the police dont want to get involved,

one person's word against another's isnt good enough for them but a judge will decide balance of probability or whose testimony they prefer rather than look for absolute proof.

 

I cant see a bailiff company coming out of any court smelling of roses so preferred evidence will most likely go in your favour.

 

If you win then there is a good chance that a section 4 claim would be successful and this would mean that the indiviadual's bailiff's certificate would be withdrawn.

 

Knowing this there is a pretty good chance that the company will pay up for the door rather than permanently risking the livelihood of one of its operatives.

[Anus Horribilis]

Is this definately LAW though? In which case, why do the Police keep telling me its civil?

 

Because, as others have said, Police are trying to avoid getting involved. This isn't unusual, they make the same excuses in ASB & harassment complaints, and they used to do it with domestic violence too. But the Police do not make the law, and they do not decide what is a crime. You must be assertive, and you must record the discussion.

 

Refer them to s1 Criminal Damage Act 1971 - "A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence."

 

Tell them that these Bailiffs had no lawful power or excuse to damage your door by attempting to force entry to your home. Tell them that you want it to be recorded as a crime report. If they wriggle, press them directly - "Are you refusing to record my crime report?" If they will not confirm that it is being recorded as a crime report, go to http://www.ipcc.gov.uk/complaints and log a complaint.

[ws71]

It just gets better. I've had a letter from the courts saying they are no longer interested in any further correspondence! So the court are refusing to take blame, and so are the bailiffs, and we are now left with a damaged door and a bill of £500+

[unclebulgaria67]

It just gets better. I've had a letter from the courts saying they are no longer interested in any further correspondence! So the court are refusing to take blame, and so are the bailiffs, and we are now left with a damaged door and a bill of £500+

 

Your only option now is to issue a court claim against the bailiff company. They are responsible.

[ws71]

Latest update. Still no joy. Can't even find a solicitor locally that does a no win no fee case against a bailiff! No wonder the scumbags get away with everything. I won't let this go. Can anybody advise how I can take Collectica to court? Thanks in advance

[Coughdrop]

ws71 I've not read all 7 pages so I'm sorry if I mention stuff already mentioned. Have you tried the obvious ways forward for help if you're thinking about court action, your local law centre http://www.lawcentres.org.uk/ or the pro bono unit http://www.barprobono.org.uk/

 

They might be worth a try.

[ws71]

Thankyou

[unclebulgaria67]

Just issue a small court claim using MCOL. If you want advice about that, perhaps alert the site team by clicking on triangle or posting to legal issues.

 

http://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_taking_legal_action_e/small_claims.htm

 

On the claim form, you just state what happened and what you are claiming for.

[ws71]

Im back on here because a

 

fter months of trying to get help and advice im back to square one.

 

Ive visited all four courts in Birmingham, and

 

nobody wants to know.

 

Ive visited countless solicitors, and

 

they are all "criminal" and not "civil"

 

Ive been given two envelopes with "pack 7' and "pack 10"

 

i think but have no idea how to fill them in or to what end.

 

Why are everyone scared to attempt to bring bailiffs to justice?

 

Even the CAB can't give the correct info.

 

According to them, a "magistrates warrant" gives the bailiff the right to force entry?

 

PLEASE HELP

[Coughdrop]

Did you do what Uncle Bulgaria suggested via MCOL?

[ws71]

Please please go to the police and report this. If they take no action then get in touch with the inspector.

 

What these bullies have done is totally against the law and should be treated as such.

 

Get all the info on this as you can and start writing complaints.

 

Please come back if you need any help with this.

 

Im back, as you suggested, and i REALLY need your help Seanamarts. Police dont want to know, courts don't wants to know, solicitors don't want to know, CAB dont know what they are talking about, ive run out of options!

[renegadeimp]

ws71, did you go to the chief inspector and not a silly desk sergeant?

[ws71]

Did you do what Uncle Bulgaria suggested via MCOL?

 

No Coughdrop, because the CAB havent got a clue when it comes to Bailiffs, so how can i trust them with helping issueing a claim?

[ws71]

ws71, did you go to the chief inspector and not a silly desk sergeant?

 

Renegadeimp, i have visited two Police stations, on three seperate occasions, and the inspector will conveniently not take meetings as dealing with bailiff is a "civil" matter

[ws71]

Can somebody please explain the right of entry LAW.

 

Most on here say they cannot force entry, (as they incorrectly use the domestic violence act as a cover)

 

yet the CAB have stated that this is fact and they were within their rights as it was a magistrates warrant