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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have Collectica bailiffs threatening to come to my flat tomorrow

Customer Question

I have Collectica bailiffs threatening to come to my flat tomorrow with police and locksmith to take goods to the value of £1700. I don't have goods to that value as I live in a bedsit alone. I had 2 fines which were put on my driving licence without my knowledge as I had moved home in the meantime.
I am on jobseekers allowance and have offered to pay £20 a month which they have refused and say that I have to pay the whole amount straight away.
Please could you advise me, as I do not have the money to pay this and I am worried about the outcome.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : When did you find out about this? Did you not contact the court?
JACUSTOMER-wqlqo0c6- :

yes the court said they turned it over to the bailiffs because I didn't respond, I explained that I moved and didn't receive any letters until I got the one from Collectica which said I owed £1700. I applied for a new provisional and saw on there when it came back that there were 2 fines of £600 each one.

Alex Watts :

When did YOU find out about this?

JACUSTOMER-wqlqo0c6- :

About 6-8 weeks ago and me and my nan have been trying to make an arrangement for payment but they wont accept part payment, they want all of it or at least £500 a week. I explained I'm on jobseekers but they wont change their mind.

Alex Watts :

Ok - what you need to do is urgently tomorrow morning either go to the Court or call the Court and tell them you want to make a statutory declaration.

Alex Watts :

That is you are declaring on oath that you did not know of the proceedings.

Alex Watts :

The Court staff will then let you go before the Court and make a statutory declaration which is where you swear on oath that you knew nothing about the proceedings.

Alex Watts :

If accepted the conviction, fine and enforcement will all be stopped and set aside.

Alex Watts :

But if you are latter found out that you did know about proceedings and have lied, then this is contempt of Court and you are likely to be sent to prison.

Alex Watts :

Therefore call the Court and make an urgent application for a statutory declaration

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-wqlqo0c6- :

yes please, can the bailiffs break into my premises with police presence and a locksmith to take my belongings with or without my presence, because this is what they say in a text message to me yesterday. They say they will break in tomorrow morning whether I am home or not.

Alex Watts :

Yes they can.

Alex Watts :

But this is why you need to do it first thing in the morning

Alex Watts :

As soon as the stat dec is made the Court will notify the Bailiff

JACUSTOMER-wqlqo0c6- :

they also said they can take my dog, is this allowed? Why can they not accept what I can pay instead of asking for all of it which I don't, or cant manage to pay? Its not as if I refused to pay.

Alex Watts :

They can't take your dog.

Alex Watts :

I can not say why they wont accept the payments.

Alex Watts :

But you should make the statutory declaration as I have suggested above

JACUSTOMER-wqlqo0c6- :

Yes I will, but can you tell me, are they allowed to take my clothes or necessary items? I don't have much anyway

Alex Watts :

They can’t take:

  • things you need - eg your clothes, cooker, fridge, furniture or work tools
  • someone else’s belongings - eg your partner’s computer
Alex Watts :

Does that help?

JACUSTOMER-wqlqo0c6- :

yes, what happens if they take stuff out of my flat but it still doesn't amount to the money owing? Can they come back again?

Alex Watts :

They can. But if you do not own much of value, then they would not take anything generally.

Alex Watts :

But you must must must call the Court tomorrow morning. A Statutory Declaration will halt everything and is far easier

Alex Watts :

Is that ok?

JACUSTOMER-wqlqo0c6- :

yes thank you. you have been very helpful

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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