Collectica Distress Warrant

[fatmanbat45]

Hi,

 

I have been paying £10 a month Magistrates Fine since November 2012.

I have paid £100.

I received a further steps notice as I was late paying in September by a week.

 

I am on JSA and expected it too be deducted from my fortnightly JSA.

 

However I have received a Distress Warrant for £135 which includes a 50% increase in the original fine.

 

I am on JSA and a single parent and cannot afford to pay this plus the threat of £215 for a visit as well.

 

I have written to the fines officer explaining my situation and appealing their decision.

 

The fine should of been taken from my JSA.

 

Is there any other action I should take to make sure the bailiffs do not make money for nothing as the fine was nearly paid.

 

I had paid another £10 two days before I received the Distress Warrant on 31st October 2013.

 

How do I legally appeal this ridiculous decision ??

Please advise.

[dx100uk]

if it was coming out of your JSA you would of been told that on the day.

by the judge

were you?

 

dx

[fatmanbat45]

Since October 2012 I have been paying £10 a month.

 

This was not deducted from my JSA.

 

When I received the further steps notice in October 2013

it states that the actions that can be taken is that the fine is taken from JSA.

 

However this did not happen instead the fine was increased by 50% and a distress warrant issued.

 

Given that I have been paying £10 regularly since the fine was imposed and I am on JSA it cannot be right that the fine is increased .

[fatmanbat45]

Since October 2012 I have been paying £10 a month. Thiswas not deducted from my JSA. When I received the further steps notice in October 2013 it states that the actions that can be taken is that the fine is taken from JSA. However this did not happen instead the fine was increased by 50% and a distress warrant issued. Given that I have been paying £10 regularly since the fine was imposed and I am on JSA it cannot be right that the fine is increased .

 

I had £30 left to pay and it has been increased to £135 and it was being paid.

 

Why should I have to pay COLLECTIVA £75 for sending me a letter that should never have been sent in the first place.

 

The Fines Officer increased the fine as a punishment for being a week late!!!!

 

If you miss 2 installments with the Council Tax you are not penalised like this.

 

It is disgusting.

[sgtbush]

you were warned at the time, in court of what happens if your even 1 day late with payments. you were late, the court issued a warrant, this 85 admin fee is applicable in statute law. you need to pay it, as tough as it sounds, it is enforcable under the warrant.

[brassnecked]

you were warned at the time, in court of what happens if your even 1 day late with payments. you were late, the court issued a warrant, this 85 admin fee is applicable in statute law. you need to pay it, as tough as it sounds, it is enforcable under the warrant.

 

True sgtbush but could OP apply to the court to have payments deducted from benefit as using a bailiff in as benefit situation is of doubtful value apart from enriching the bailiff where benefits are able to be attached to?

[tomtubby]

Hi,

 

I have been paying £10 a month Magistrates Fine since November 2012.

I have paid £100.

I received a further steps notice as I was late paying in September by a week.

 

I am on JSA and expected it too be deducted from my fortnightly JSA.

 

However I have received a Distress Warrant for £135 which includes a 50% increase in the original fine.

 

I am on JSA and a single parent and cannot afford to pay this plus the threat of £215 for a visit as well.

 

I have written to the fines officer explaining my situation and appealing their decision.

 

The fine should of been taken from my JSA.

 

Is there any other action I should take to make sure the bailiffs do not make money for nothing as the fine was nearly paid.

 

I had paid another £10 two days before I received the Distress Warrant on 31st October 2013.

 

How do I legally appeal this ridiculous decision ??

Please advise.

 

 

Firstly it is good to hear that you had managed to pay a large amount towards this fine.

 

Secondly, like many people receiving a Further Steps Notice you failed to pick up the phone and speak with the Fines Office and thirdly, you assumed that the Fines Office would apply to have the balance deducted from JSA.

 

As you will have seen on the Further Steps Notice it clearly states that the Fines Officer can take ANY of actions outlined on the FSN and having the debt deducted from JSA is merely ONE of the "further steps"......in the same way as 'committal proceedings" is another of the "further steps".

 

On the Further Steps Notice you should see that another of the 'further steps' is to issue a Distress Warrant and that if so, fees of up to £300 will be added.

 

I am surprised to read that the court had agreed to accept payments from you at a low rate of £10 per month. This is most exceptional given that in cases of unemployment, the MINIMUM repayment is £5 per week (£20 per month).

 

I notice that you have written to the Fines Officer to 'appeal the decision"....what date did you 'appeal' and was it within the strict time frame outlined at the bottom of the FSN (10 working date from the date of the notice).