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

[Peterbard]

From the initial posts, it would seem that the BLAME should be placed at the door of the Magistrates Court and in particular, the Fines Officer.

 

Under the Courts Act 2003 it is the Fines Officer who is permitted to issue a Distress Warrant to a bailiff if there is a default. Fro what you have said, the court made an error and they confirmed this to you.

 

The bailiff is almost certainly in line for complaint and such complaint should be directed at the relevant HMCTS Area Contracts Manager with responsibly for dealing with complaints. HMCTS have appointed various ACM's to different geographical areas of the country. Complaints against the police are not simple matters at all.

 

Indeed, hence me asking the result of his call to the court yesterday in post 69. I totally agree. I did ask for the court previously so I could supply details of the Area Contracts Manager to the OP. BF's advice to decide which questions to answer is good.

[brassnecked]

I wonder if someone told the Police that they were going to attend the bailiffs office to enforce a refund for an amount and would use reasonable force to do so, putting their foot in the door, plus kicking at the door if needed. This would be a civil matter and the Police could not do anything, as they have already said this was the case when the bailiffs visited someones private residence and did exactly the same.

 

Quite possibly they would be straight round to offer advice not to and try to get you to accept a caution for threatening behaviour against their law abiding and always in the right buddies the bailiff. A crime cleared up for the stats you see. Cripes what a cynical beggar I am!!

[ws71]

Indeed, hence me asking the result of his call to the court yesterday in post 69. I totally agree. I did ask for the court previously so I could supply details of the Area Contracts Manager to the OP. BF's advice to decide which questions to answer is good.

 

I did explain a while back that the court asked me to fax my questions to them which I did on Thursday morning but had no response that day. I had a voicemail from management but wont know the answers to the questions (questions that I was advised to ask on here, such as date warrant was issued) until tomorrow when I make my FIFTH call to the court office. I want comoensation for all these mobile calls on top of the half day lost from work! I also forgot to share with you, the suggestion made by the police officer (which gets funnier and more unbelievable the more I think about it. When discussing compensation for damage to our door, he suggested being "able to pay for it with the £300 returned from the bailiff"!!!!!

[tomtubby]

Please post back once you receive the responses from the court.

[ws71]

Please post back once you receive the responses from the court.

 

Will do Tom

[dx100uk]

what size were these attachment of the video you sent to the admin email?

if they were bigger than 10M each then it might well fail.

 

dx

[ws71]

what size were these attachment of the video you sent to the admin email?

if they were bigger than 10M each then it might well fail.

 

dx

 

There was only just over a minutes worth in total and was sent in two halves

[dx100uk]

ok sri I meant in size Mb not time

 

dx

[ws71]

ok sri I meant in size Mb not time

 

dx

 

Not sure. Perhaps admin can let me know if they come through ok?

[dx100uk]

post 73

 

dx

[ws71]

Ive posted it again.......

[IdaInFife]

Just in case you can sent to my email address IdaInFife@consumeractiongroup.co.uk ( no spaces) and can send onto BF if needed

[brassnecked]

If it is below 25 Mb you can send an attachment up to that size by Yahoo Mail.

[ws71]

Just in case you can sent to my email address IdaInFife@consumeractiongroup.co.uk ( no spaces) and can send onto BF if needed

 

ive also sent to this address and it bounced back.

ive spoken to the court and they said that the warrant was put on the system on the 19th February and my last installment was cleared on 22nd. I was told that payment was accepted in full and final settlement as there is 7 days grace. An employee has been punished for issuing the warrant incorrectly, and the court have sent me a complaint form to use against Collectica and have suggested that I send an email to the manager of the court for compensation for time lost at work, phone calls, and any other claims that I may have been advised to pursue. I need help on how to approach my complaint to Collectica because although they were in possession of a valid warrant it doesn't excuse their behaviour

[unclebulgaria67]

You should write to the Managing Director of Collectica Simon Marshall at this address.

 

Serco Group plc

Serco House

16 Bartley Wood Business Park

Bartley Way

Hook

Hampshire

RG27 9UY

 

State what has happened and what you consider is totally unacceptable behaviour. Advise them that you would like to resolve the complaint amicably if possible without having to issue a county court claim against Collectica and to register a complaint with the court that issued the bailiff certificates. Advise them exactly what compensation you expect and what you expect the company to do to reprimand the bailiffs. If the video evidence is clear about the wrongful behaviour mention this and that if necessary this will be provided to a court.

[ws71]

You should write to the Managing Director of Collectica Simon Marshall at this address.

 

Serco Group plc

Serco House

16 Bartley Wood Business Park

Bartley Way

Hook

Hampshire

RG27 9UY

 

State what has happened and what you consider is totally unacceptable behaviour. Advise them that you would like to resolve the complaint amicably if possible without having to issue a county court claim against Collectica and to register a complaint with the court that issued the bailiff certificates. Advise them exactly what compensation you expect and what you expect the company to do to reprimand the bailiffs. If the video evidence is clear about the wrongful behaviour mention this and that if necessary this will be provided to a court.

 

Thankyou.

 

what sort of compensation should I be looking for though? I havent a clue

[Peterbard]

The court are trying to be very clever here are they not?

 

They've admitted the warrant was issued incorrectly and told you the person has been told off. They've then passed all blame to Collectica and given you their complaints procedure.

 

What about the court's own complaints procedure for issuing the warrant incorrectly. If they had not done that, there would have been no problem with Collectica. Passing the book is a phrase which springs to mind, and I'm not at all sure this is appropriate.

[seanamarts]

ive also sent to this address and it bounced back.

Did it say why it has bounced back, did you close all the spaces?

[unclebulgaria67]

Thankyou.

 

what sort of compensation should I be looking for though? I havent a clue

 

Did the court say that they would pay for your damaged door etc. It depends on what the court will be paying. You would have to work out what is due to you, to put you in the same position as before the bailiff visit, but also to compensate for distress.

[sgtbush]

The court is at fault here, not collectica, they only enforce warrants on the courts instruction. your complaint is with the court, apart from if their was any form 4 compliant material in the bailiffs behaviour, which given the fact that, as far as collectica are concerned, the warrant was live and active and under the DVCV act and Magistrates court act, forced entry is allowed with a distress warrant.

 

i think you need to pin this one on the court and let the court sort out collectica

 

but its your choice at the end of the day

good luck

[SWLABR9]

No, I'd go for both of them and wait and see if Collectica choose to offer that as a defence. You shouldn't be doing your defending for them.

[ws71]

The court is at fault here, not collectica, they only enforce warrants on the courts instruction. your complaint is with the court, apart from if their was any form 4 compliant material in the bailiffs behaviour, which given the fact that, as far as collectica are concerned, the warrant was live and active and under the DVCV act and Magistrates court act, forced entry is allowed with a distress warrant.

 

i think you need to pin this one on the court and let the court sort out collectica

 

but its your choice at the end of the day

good luck

 

Hang on, everyone else on here have been saying that the bailiff IS NOT ALLOWED FORCED ENTRY! So which is correct? Im using the forced entry as the main reason for complaint! Plus the damage to the door and intimidation

[unclebulgaria67]

Hang on, everyone else on here have been saying that the bailiff IS NOT ALLOWED FORCED ENTRY! So which is correct? Im using the forced entry as the main reason for complaint! Plus the damage to the door and intimidation

 

They are not allowed to force entry in the way that they tried to do so. They would have had to state under what powers they were going to force entry and first of all allowed the chance to gain peaceful entry. I believe that where force is going to be used, they would have been required by their employers/industry standards to have called the Police to ensure that no breach of peace took place and to protect themselves. Forced entry to private property is only in the last possible event, after several visits.

 

You don't start kicking out and damaging property. So they were wrong to do so. Complaint needs to followed through with both the court and Collectica.

[MagnaCarta]

I've read the whole thread and may of missed the fact that the damage to the door is Criminal Damage, a criminal act. Other criminal acts may of been committed such as threatening behaviour, breach of the peace but I haven't seen the video. The police need reminding that the unjustified damage to your door is Criminal. An incorrect warrant is technically Breaking and Entering illegally. I'd be back on to the Police in person, a visit to the station backed up with a complaint by hand signed for. Let them know you mean business, don't be put off by the 'Civil Matter' bluff.

[IdaInFife]

I have recd a "test" email from you but no video - i sent an email back to confirm