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

[unclebulgaria67]

There must be a way of adding the video to an online storage facility that is passworded and then to email/PM Bankfodder or other site team with the password, so they can view it. You can do this on Photobucket, I have just looked to answer my own question.

[dx100uk]

use yousendit

 

dx

[IdaInFife]

in contact now trying to sort it

[ws71]

How strange that Collectica said it was impossible to send my refund before the end of the month,yet after a threat I received it today in the post!

[IdaInFife]

they are coming through now. How many files are they?

[brassnecked]

Another solution would have been upload to YouTube, as UNLISTED, then pass the link to BF, after file downloaded, delete the file from YouTube

[BankFodder]

OK, got the vids thanks. Attached to an email addressed to admin. It really shouldn't be this difficult.

 

You need to sort out your video technique a bit more but there is enough on it to show that you refused entry and that your closing of the door was obstructed.

 

You can just hear the bailiff saying that you were not entitled to refuse him entry and also you can see that he had his foot in the door.

 

If you refuse the bailiff entry or if he has entered, if you ask him to leave before he has commenced his levy then he must leave and if he refuses to do so then he is a trespasser. If he puts his foot in the door then he is a trespasser. Once he is a trespasser, you can use reasonable force to make him leave. If damage is caused then the bailiff or his employer or the client can be held liable.

 

I haven't been following this thread recently - frankly it was becoming to difficult to get the information which was being asked - but if you want to take an action for trespass in order to get compensation for repairs and also damages for the trespass then I would say that this video gives you a better than 90% chance of success.

 

However, on this evidence alone, it looks like a technical trespass - meaning that I don't see any violence or intentional wrongdoing by the bailiff - simply a man who doesn't know the rules of his job - or else a man who is prepared to ignore them. If you have more serious allegations to make then it would be up to you to convince a judge. However this video is enough to give you a win in court but not enough on its own to attack the bailiff under form 4.

 

I can hear the infant crying in the background. I would say that if the infant has been frightened by the trespasser then you might be able to achieve £500 damages on top of repairs.

Of course if you can convince the judge that it is a more serious case, then your damages will increase

[BankFodder]

By the way, many thanks to IdaInFife for managing to get the vids.

[BankFodder]

By the way, many thanks to IdaInFife for managing to get the vids.

[BankFodder]

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

I think that you need to focus on Collectiva and the bailiff and inform the MOJ after you get a judgment

 

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.

I think that if you get a judgment against Collectiva and/or the bailiff, then you should include it in an official complaint to the court as well as to the MOJ.

 

The court are responsible, of course - but Collectiva is responsible for delivering proper training and maintaining standards and clearly they don't appear to be fully in control of that aspect.

[ws71]

Thanks for the help all, and to bankfodder. Im sorry you feel you wasnt getting answers but I was trying my best. If you had followed the thread you'd have seen that I was waiting for answers from the court which I didn't receive until Tuesday morning. I have send two email complaints. One to the court and one to Collectica. I will obviously now be awaiting replies now

[ws71]

What do you mean by getting a judgement pkease?

[brassnecked]

What do you mean by getting a judgement pkease?

Getting a County Court judge to rule the bailiff was liable to pay damages to repair the door, and whatever they award for the distress caused. You can then use that as prima facie evidence to HMCS that Collectica botched the enforcement, in any complaint. BUT IT IS NOT A FORM 4 issue.

[ws71]

Well, I still haven't heard from the court OR the bailiffs. Are they hoping I don't follow it through and go away?

[ws71]

Not sure why the replies have stopped coming, but could do with further advice if possible?

The court have said they will compensate certain parts such as loss of earnings and costs for telephone calls, but Collectica are completely ignoring me, despite threats of legal action. How am I suppose to get compensation to pay for our door when they are ignoring me?

[MagnaCarta]

Not sure why the replies have stopped coming, but could do with further advice if possible?

The court have said they will compensate certain parts such as loss of earnings and costs for telephone calls, but Collectica are completely ignoring me, despite threats of legal action. How am I suppose to get compensation to pay for our door when they are ignoring me?

 

Hi, WS71 - I know how frustrating this is an can only advise, don't be so nice. I found out by being a complete pain in the butt to the courts is the only way you get anything done. Courts rely on you being intimidated by them, it's the same with bailiffs. Bailiff firms and Bailiffs respect only one thing, harsh language and direct action. Start sending letters to the personal addresses of the directors and to the Bailiffs home address direct. When these pumped up, steroid headed idiots realise you have their / family address, they become tearful and whine.

 

I have recently had a Bailiff trying to enforce a PCN, he clamped my car on the drive, I clamped his van, he called the Police (nearly in tears) - Police came, told him to shut his loud mouth up, Police threatened to do him Breach of the Peace as he wouldn't. Said bailiff took off clamp, I took his off, got in his postman pat van and went home deflated. I followed him for 40 odd miles to his home address, noted for future reference.

 

Sorry for rambling on, the point is this. This country is totally broke, our problems are in reality bigger than Greece. The Ministry of Justice is a registered business, you are a trading piece, everyone is desperate to extort money out of anyone and this country is professional at lying, intimidating and being deceptive. This country pretends it's the best at everything, we are democratic , the 'Best in the World' when in fact we cause the 'Most $hiT in the World', we rape workers and tax them until they are no better off than being unemployed, we fine people more than any other country in the world.

 

Fight back, become an absolute pain in the ar$e to these organisations, they soon tire of it, phone them 4, 5, 6 - 10 times a day. Turn up unannounced, let other people hear what you are saying (they hate that) - refuse to go in to a private room for a chat, let EVERYONE hear. I have found this strategy works in Banks, Local Authority Offices, basically anywhere, just don't used bad language or threats, just shout about their incompetence's.

 

Don't Be Ignored!

[unclebulgaria67]

Not sure why the replies have stopped coming, but could do with further advice if possible?

The court have said they will compensate certain parts such as loss of earnings and costs for telephone calls, but Collectica are completely ignoring me, despite threats of legal action. How am I suppose to get compensation to pay for our door when they are ignoring me?

 

Issue a court claim against them.

[ws71]

I have received a lengthy letter this morning basically stating that their bailiffs have been asked and that they did not cause damage. Basically, blatantly lying. I am not letting them get away with this. Where do I go from here? If it helps, I am willing to send a copy of the letter to any expert on here to get advice on how to respond. Thanks very much in advance

[tomtubby]

Who has the letter come from...the Court or Collectica?

[ws71]

Who has the letter come from...the Court or Collectica?

 

Collectica. The court have asked for itemised phone bill to compensate my calls and loss of earnings but the letter is from Collectica basically sticking their two fingers up at us. We have a front door getting looser on its door frame by the day. I bet the video of them filming me (obviously to intimidate me) will conveniently disappear!

[ws71]

Hi, WS71 - I know how frustrating this is an can only advise, don't be so nice. I found out by being a complete pain in the butt to the courts is the only way you get anything done. Courts rely on you being intimidated by them, it's the same with bailiffs. Bailiff firms and Bailiffs respect only one thing, harsh language and direct action. Start sending letters to the personal addresses of the directors and to the Bailiffs home address direct. When these pumped up, steroid headed idiots realise you have their / family address, they become tearful and whine.

I

I have recently had a Bailiff trying to enforce a PCN, he clamped my car on the drive, I clamped his van, he called the Police (nearly in tears) - Police came, told him to shut his loud mouth up, Police threatened to do him Breach of the Peace as he wouldn't. Said bailiff took off clamp, I took his off, got in his postman pat van and went home deflated. I followed him for 40 odd miles to his home address, noted for future reference.

 

Sorry for rambling on, the point is this. This country is totally broke, our problems are in reality bigger than Greece. The Ministry of Justice is a registered business, you are a trading piece, everyone is desperate to extort money out of anyone and this country is professional at lying, intimidating and being deceptive. This country pretends it's the best at everything, we are democratic , the 'Best in the World' when in fact we cause the 'Most $hiT in the World', we rape workers and tax them until they are no better off than being unemployed, we fine people more than any other country in the world.

 

Fight back, become an absolute pain in the ar$e to these organisations, they soon tire of it, phone them 4, 5, 6 - 10 times a day. Turn up unannounced, let other people hear what you are saying (they hate that) - refuse to go in to a private room for a chat, let EVERYONE hear. I have found this strategy works in Banks, Local Authority Offices, basically anywhere, just don't used bad language or threats, just shout about their incompetence's.

 

Don't Be Ignored!

 

Problem I've got though is that they are saying I've got no proof that the bailiff damaged the door. I need conclusive facts on the law and whether they broke the law by putting their boots inside my property. Nobody seems to tell be what is LAW and what is OPINION.

[ws71]

I would suggest that TODAY you speak with the court to ascertain the following:

 

What date did they receive payment from you?

 

What date was a Distress Warrant issued?

 

What date was the warrant passed to Collectica Ltd?

 

 

The above questions are to ascertain WHO is at fault....the Magistrate Court or Collecita Ltd.

 

 

With this debt do you remember receiving any letters from Collectica Ltd and if so, did you speak with them?

 

Did you pay the debt AFTER receiving a letter from Collectica?

 

Can you post back after you have spoken with the court.

 

Tom, these are the dates and times according to Collectica:-

 

Account passes to Collectica on 22nd Feb under a warrant of distress

Balance at time £55.00

Letter sent to me 28th Feb

£85.00 admin fee added to my account increasing balance from £55 to £140.00

£55 received by Collectica via HMCTS on 26th, but admin fee still stands

Second letter from C sent to me on 11th March

I phoned C on 19th March to advise I had paid on time and would not be paying their fees. I was told action would continue

Allocation of bailiff to my account on 22nd April

Bailiff apparently visited on 23rd April and incurred attendance fee of £215.00 making total of £300

 

Further letter to me on 1st May followed by second bailiff visit on 4th June at 7.59am. Both visits we had no knock at the door

 

Due to no further contact from myself bailiff allocated on 9th July and had the visit on 15th July

 

They say their bailiff had informed them that to the best of their knowledge no damage was caused during their visit BLATANT LIE

[tomtubby]

As useful as the above information is...this has come form the BAILIFF company and NOT the court.

 

What date did you make payment to the COURT?

 

According the the COURT what date did they receive notification of your payment and what is the PRECISE date on which the FINES OFFICER issued a Distress Warrant.

[ws71]

Only just seen this Tom. Will get dates. I'm back on here as I've send two letters now, one to Collectica, and one to the managing director that was advised on here. Nearly three weeks later and still being ignored

[tomtubby]

Please do post back but it is so important to ascertain who is at fault.