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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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Good afternoon, one week ago I received a 'Warrant of Control'

Customer Question

Good afternoon, one week ago I received a 'Warrant of Control' from a company called Collectica on behalf of their client HMCTS London SE & C. The letter is asking for an 'outstanding amount of £1,0550 - failing to pay this within 14 days of the letter 'an enforcement agent will visit you and may seize your belongings to the value of the money you owe'. I immediately called Collectica to be informed that this is the result of a 'road traffic penalty incurred in July of 2015 - the penalty: " failing to give information to the identity of the driver". Apparently they had sent numerous letters to my previous address of which I had vacated 4 years ago - my DVLA registration document has had my current address on it for at least 2 years. Although they had my registration number they did not have the make and model - I did not disclose this detail during the telephone conversation.
The original 'penalty' was through Lavender Hill magistrates court London. The bank giro credit on the letter is to be paid to Marston Holdings which is apparently the company that traced my current address. Feeling shocked and confused as to the origins of this 'penalty' I went to my local police satin in Chingford, London and gave the details to a very helpful officer. He made detailed checks on my car's registration number to ascertain whether there were any outstanding road penalties. He found nothing connected to my car. He also stated that" failing to give information to the identity of the driver" is a police charge and a serious one - but it would have been recorded against my name and registration number. His personal opinion was that there was something very suspicious about the penalty and the letter from Collectica. He suggested I contact Action Fraud and the DVLA. I contacted both - Action Fraud took my details and are also suspicious of the 'action' and advised me to contact Collectica and inform them that I was treating their action as 'fraud' and have a ref number from Action Fraud. I then contacted the DVLA and they also had no actions against my registration number and suggested I call the British Parking Association. I contacted them and they also had nothing against my registration number. They also informed me that Collectica had been a ember of their association but no longer were - the lady also found the action very suspicious as they should have something against my car's registration number.
Finally, I was also advised to contact Legal Advice which I did informing them of the above - however they said they could not help but that I should contact Civil Consumer Advice but have been unable as yet to contact them. I appreciate that there is a lot of information here for you to digest, but I will patiently await your response with hopefully some tangible advice. I cannot stress enough what an awful week my wife and I have had worrying about this whilst waiting for a knock on the door from these people. Just for the record, I have absolutely no recollection of any traffic/parking misdemenours in the last year. I am a college lecturer and my wife is a senior librarian. Please help. Yours faithfully, Nik.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello why do you think they are after you, any reason an error may have occurred?
Customer: replied 1 year ago.
Hi, well the most suspicious part is them apparently sending the original penalty to my previous address of 4 years ago. Why did it take them a year to find my current address and why didn't they include the original penalty stating the details - time, place, date etc.
Customer: replied 1 year ago.
Hi Ben, I have attached scans of the original letter from Collectica - hope this helps a little.
Customer: replied 1 year ago.
Hi, are you still there?
Customer: replied 1 year ago.
Hi, I noticed you replied within 3 minutes of my original email which was an hour and a half ago - is it possible for you to let me know if your one brief answer was the sum total of my spending £56? I'm sure you'll appreciate today is pretty much my only day off to do this (among other things) and I can't really sit staring at my computer for the duration.
Customer: replied 1 year ago.
Oh, dear . . .
Expert:  Jo C. replied 1 year ago.
Hello I have been asked to look at this - I am not online full time today which is why there was a delay, sorry. I will look into this and reply today - there is no need for you to wait, you will get a notification when I have got back to you
Customer: replied 1 year ago.
Thank you.
Expert:  Jo C. replied 1 year ago.
Sorry for the delay.In short, this is a Magistrates Court fine that is unpaid.Do you have a speicific question about this?
Customer: replied 1 year ago.
The question is: why have I not been given the details of the original fine (parking? speeding?) and why did they send it to my old address of 4 years? If I had received the original fine to my current address - which I have been at for 4 years - then at worst I could have paid it. Is it really my fault that they did not have my current address with the result that the original fine has accumulated to over £1000? Don't I have any grounds to dispute this? I have been given absolutely no information regarding the nature of the fine - where? when? why? They don't even have the make and model of my car only the registration number.
If I contact the magistrates court do you think they would be able to shed some light on the fine? But finally, in your opinion have I really no option to pay this? Thank you.
Customer: replied 1 year ago.
With respect to your last response I am well aware that is a Magistrates Court fine that is unpaid! Please read my statement again and my last response. I have paid £56 for this service which I did in good faith but quite frankly it is proving rather toothless. Please, as a professional can you please address my QUESTIONS? Thank you once more. At this point in time my review of your service is below one star . . .
Expert:  Jo C. replied 1 year ago.
When did you update the DVLA with your new address?
Expert:  Jo C. replied 1 year ago.
Since posting I have seen your last response. If you are displeased at this stage then I'm not able to continue I'm afraid.All the best.
Customer: replied 1 year ago.
I updated the DVLA with my new address in 2013.
Expert:  Jo C. replied 1 year ago.
Sorry, not able to continue.All the best.
Customer: replied 1 year ago.
All the best? Thank you so much. What a waste of time and money. Absolutely no application to my original statement what so ever. And you're now apparently offended by the fact that I expected a little more professional advice for my £56. What a scam. Good day to you. 'Jo C'.
Customer: replied 1 year ago.
Can someone please read my original statement and give me a straightforward response? To reiterate for the umteenth time I have paid £56 in good faith for your professional help. Questions regarding my situation: am I not entitled to see the original 'fine' or 'penalty' notice whether it be for parking, speeding etc.? And is it really my fault that they have apparently sent the penalty and 'numerous' letters to my old address of 4 years? Surely at worst I should only pay the original fine - no? And who can I contact to get this answer, Lavender Hill court? Thank you. I look forward to someone's response.
Customer: replied 1 year ago.
Ok - you win I've been conned. Sleep well - 'experts'.JustAnswer also tells you that if you are not satisfied with your experts answer. You do not need to pay, but how can this be when you need to pay to get in contact with the said “expert” ? I would highly recommend you stay away from this site. Now I am not saying that they only scam people. may help around 25% or so of people. But when someone loose $100 USD when they only choose to pay $6 USD something is very wrong ! From the comments I have read throughout the net it seems like around 50% actually get what they are told to they will get. It also seems like they have had some inside scamming themselves, people who claimed to be experts and were noting of the sort.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.I see the expert has opted out. What is it you are stuck with in particular and I can help?Alex
Customer: replied 1 year ago.
Hi, can you please read the preceding questions I posed - and my initial statement?
Expert:  Ash replied 1 year ago.
You had been fined by the Court for failure to disclose information, is that right?Did you ever apply to the Court to set it aside?