Collectica

[DeusX]

Shortly before Christmas we suddenly found out we had a CCJ when an enforcement letter from Collectica arrived at the Mother-in-Laws (we’d sold our house and moved to Europe eighteen months previously) and presume the original fine was sent to our old address.

This was the first instance we’d been aware of the matter, so we sent a Section 14 Statutory Declaration (recorded etc) to HMCTS

We’ve just received a reply (sent to the Mother-in-Laws) to say “we cannot accept this statutory declaration as it has been made out of Jurisdiction and no plea has been indicated, a statutory declaration for this matter needs to be made within British Jurisdiction”

Then it goes on to say, should you have any further queries, please contact Leeds Magistrate’s via email, blah, blah blah.

How could I make a plea when I don’t know what offence I’ve supposedly committed?

Secondly, the declaration was made to inform them I was unaware of any proceedings until the moment we received an enforcement notice.

Does this mean the enforcement notice is still ‘live’ and Collectica will turn up again?

As you can imagine the old lady is terrified so hopefully someone can suggest what we should do next.

Thank you.

[zeke]

The law says the conviction is invalid when the defendant makes a statutory declaration.

Nothing says a plea must be entered with a statutory declaration.

The defendant doesn't even know what they are accused.

If the sentencing court it in jurisdiction then the statutory declaration is valid as far as Section 14 is concerned.

No further action is needed until a bailiff company makes a demand.

Your mother in law has nothing to worry about.

If she gets hassle then she can call 999 reporting a disturbance.

If you live out of jurisdiction then the enforcement power fails.

It will come to nothing.

[DeusX]

Thank you for the reply zeke

We sent the declaration to Leeds Magistrate’s from our new home in France via recorded delivery so maybe that’s why they’re stating it’s out of jurisdiction?

As you said, the sentencing court and the alleged offence (whatever is is) was in Jurisdiction

Does that mean we still have a CCJ against our name as they haven’t accepted the SD?

Much appreciated.

[zeke]

There is no CCJ for an unpaid court fine.

Court fines are not entered into the register of county court judgments.

The law doesn't provide for court staff to "accept" a statutory declaration.

The defendant must send it to a designated fines officer by recorded delivery and the proceedings are invalid. Section 14 of the Magistrates Courts Act 1980.

[delta157]

No, but there is a register of debt from the Magistrate Courts fines (defaulted) and others or used to be.

DMBM666350

https://www.gov.uk/hmrc-internal-manual ... dmbm666350

[DeusX]

UPDATE

Just had the mother-in-law on the ‘phone in tears.

She’s now had a removal notice through the door from Marston, saying ‘Locksmith Entry’

We rang the guy to explain that we’d made a Section 14 Statutory Notification and he claimed it had expired - he was very aggressive.

We spoke to someone at the Court on Wednesday last week and they told us they were still waiting for an official response to our Statutory Notification.

Can these people force entry to a property?

Help - please.

[zeke]

A section 14 notice does not expire.

The locksmith document should be handed into the police.

There is no official response needed for a section 14 statutory declaration. The law says the conviction and the proceedings are invalid when it is given by recorded delivery to a designated fines officer.

[DeusX]

‘Phoned the police, who said they could only attend to ensure no Breach of the Peace.

They asked if the removal notice mentioned ‘right of access’ and it doesn’t so I presume they can only get inside if she opens the door?

Surely these agents have to conduct pre-checks to ensure the defendant actually lives at an address before seizing property? I’ve asked the Mother-in-Law to email Marston with documentation she lives alone (Single Occupancy Council Tax Credit, utility bills etc)

Interestingly the removal notice mentioned ‘locksmith entry’ which was hand-written in biro - I presume in an attempt to ramp up the ante and collect payment?

We also rang the court who said the information is being looked at ‘by a legal manager’ today whatever that means!

Will keep you posted, thanks for the support.

[zeke]

The police have a duty of crime prevention. It's not limited to preventing a breach of the peace.


If the debtor lives at the address, the bailiff has a right to enter peacefully.

That does not include breaking and entering, which requires a separate court authority.

I recommend not emailing or contacting Marston, they will get confrontational.

Do not contact HM Court Service, the staff there will fob you off with excuses.

If the debtor has an unknown court fine (Collectica) then do a section 14 statutory declaration and that will kill off the fine and the enforcement power.

You can make a free one here, but it must be notarised.

https://www.nationalbailiffadvice.uk/Te ... -fine.html

[DeusX]

UPDATE: Court rang back and said our Section 14 Statutory Declaration is not valid as it was made out of Jurisdiction (we sent it from France) We must re-submit it by returning to the U.K., then be faced with the prospect of a further court summons meaning we would have to return again! WTF!

Given the cost of travel, which will end up greater than the demand, do I pay up and stop enforcement action or just send Marston proof of not living in the U.K. but risk further intimidation by bailiffs at the Mother-in-Laws’s?

[zeke]

I will have to seek advice myself on whether a section 14 must be notarised in Britain, and under what statutory instrument requires it.

I'll revert back when I have an answer.

Meanwhile, enforcement is impossible because HM Court Service has acknowledged you are out of jurisdiction

Keep a record of who gave you the advice and the time it was given

[zeke]

UPDATE: Court rang back and said our Section 14 Statutory Declaration is not valid as it was made out of Jurisdiction (we sent it from France) We must re-submit it by returning to the U.K., then be faced with the prospect of a further court summons meaning we would have to return again! WTF!

I received a reply to my email about section 14 and jurisdiction.

You must notarise the statutory declaration by a commissioner or solicitor having jurisdiction in the courts of England and Wales.

While that contradicts the many statutory declarations notarised in Scotland and given to a court in England or Wales, we have to assume the fines officer accepted them in error.

The good news is that while you are in France, they cannot take an enforcement step because the bailiff must give a statutory notice called a Notice of Enforcement.

If they post the notice to your mother-in-law, or it has her address, then under section 7 of the Interpretation Act 1978, that is the evidence to the contrary, they gave you the notice.

It means they did not serve the notice on the debtor, and revokes all enforcement that follows, - paragraph 7,1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

The advice is to wait until you next visit the UK and make another statutory declaration using the link in my previous post.

That will revoke all the convictions and fines.

The Court won't be able to re-summon you because sending a summons to you in France is, - according to their own advice - out of jurisdiction.

[DeusX]

Thank you for the clarification zeke.

Will re-submit the Statutory Declaration when we next visit the U.K.

The only issue is that the bailiffs will continue to harass the mother-in-law (as that’s where the wife’s driving license is registered) so I guess the sooner we return to do another SD the better.