I never bought or sold car - Enforcement Officer visited and collected fine - sayrul

An enforcement officer visited me yesterday fromCollectica Ltd with court order and collected £615 as a fine for previous keeper faild to register to. I have never bought a car or sold any car. They sent me first letter on 13th October to pay £388 as an outstanding balance. Since I have no idea about this I asked some of my English friends and they advice me just to ignore as it is a scam letter to collect money as a fraud.now what to do I have no idea. I paid money because the officer threatened me if I do not pay within 5 minutes then he will remove all my belongings from room and he entered to the room as well. So I got scared and paid.please advice me. The letter indicates previous keeper faild to register doc to. .Toyota Qaris car. I have never bought a car in UK apart from a push bike.

I never bought or sold car - Enforcement Officer visited and collected fine - Dwight Van Driver

If what stated is true then it would seem Fraud on a large scale.

Report to Police.

dvd

I never bought or sold car - Enforcement Officer visited and collected fine - Palcouk

Report to Police, if what is said is true you appear to be the victim of identity theft.

If you paid any sum via credit card/debit card file a claim with that card company for fraud

An inforcment officer has no right to enter your home, a Hight Court Officer may have such a right

It dosent matter as to whether they have a court order, only a High Court Order gives certain rights

Edited by Palcouk on 10/12/2014 at 13:26

I never bought or sold car - Enforcement Officer visited and collected fine - sayrul

Many thanks for reply. I reported to police and to Action Fraud as well. Today phoned to court and got an appointment for 16th to the magistrate. Now the representative officer told me that since when you got first letter from Collectica Ltd on 13th October and as per law you should have contacted within 21 days. So now there is a chance they won't take your case. However I told him that since I had no idea about anything related to this kind of things and I asked my English friends who advised me to ignore on the basis that a fraud company would like to take money from you by treating you with mail. So I ignored and the terrible mistake I did. Could you please advice me what to do now. Will there be anything against my name on CCJ for which I'm really depress as if it would happen I might not get my visa ILR as well. How come this happen though you are totally innocent and no idea what is going on. Your advice will be highly appreciated. Also from the court the officer told me you bought car in Illford and told me one address that where I lived there. I replied him impossible I never lived in Ilford. So what's going on. I'm so depressed now.

I never bought or sold car - Enforcement Officer visited and collected fine - Bromptonaut

Collectica Ltd is a large debt collection agency based somewhere up north www.collectica.co.uk/

Reputable in so far as that business can be and have contracts with Her Majesty's Courts and Tribunals Service - hence their dealings in this case. If acting for the MAgistrates Ct they DO have a right of entry, contrary to the advice above. See tinyurl.com/oydgp4j

Might be worth a visit to your local Citizen's Advice Bureau www.citizensadvice.org.uk/. They shoud be able to help either through one of their advisers or by referring you to someone else who can help.

Edited by Bromptonaut on 10/12/2014 at 16:56

I never bought or sold car - Enforcement Officer visited and collected fine - sayrul

Been to Citizens Advice Bureau. They told me to report to action fraud. Which I already did. Please advice How can I prove me not guilty

I never bought or sold car - Enforcement Officer visited and collected fine - Bromptonaut

Been to Citizens Advice Bureau. They told me to report to action fraud. Which I already did. Please advice How can I prove me not guilty

Based on what you've posted this looks like a cock up in the oficial system about registration/insurance rather than fraud. Suggest you go bak to CAB and seek further advice on that basis.

I never bought or sold car - Enforcement Officer visited and collected fine - Dwight Van Driver

If the fine came about as a result of a case at a Magistrates Court then you should have initially received a summons.

If the first indication to you of such a case was the visit by the knuckle draggers and information of a fine then you have 21days from first knowing to apply to the Magistrates Court imposing the fine to have the case suspended and a new one opened which will allow you to plead Not Guilty and have the conviction set aside. This should negate the debt and monies paid out returned to you.

Mags Clerks Office will help you in this.

IF this the case then as suggested above ^^^^^ an admin peniserectus then not fraud IMHO

dvd

I never bought or sold car - Enforcement Officer visited and collected fine - sayrul

Hi dvd,

I have received a notice of enforcement from collective Ltd on 13th October. Since this letter I thought came from a fraud company as a result of my friends advice I ignore it. Now you can see it's over 21 days. So is there any way I can suspended the previous case and opened a new one.

Please advice

I never bought or sold car - Enforcement Officer visited and collected fine - RT

Hi dvd,

I have received a notice of enforcement from collective Ltd on 13th October. Since this letter I thought came from a fraud company as a result of my friends advice I ignore it. Now you can see it's over 21 days. So is there any way I can suspended the previous case and opened a new one.

Please advice

If they were my "friends" I'd be up on a murder charge by now!

I never bought or sold car - Enforcement Officer visited and collected fine - Dwight Van Driver

Consider speaking to Mags Clerks Officxe and see if they will waive the 21 day rule. One never knows and especially if you can convince them it must have been someone else they have been dealing with.

If no deal then explore though free soliitors advice session taking a civil claim through small claims court - Debt collectors and Mags Court.

dvd

I never bought or sold car - Enforcement Officer visited and collected fine - FP

In any situation there are nearly always lots of so-called friends anxious to dipense advice, which often does not come from any expertise or experience and is nearer to wishful thinking than anything else - or it's the first thing that comes to their mind. Some people just love to appear an expert (which reminds me of another, astronautical, thread).

It even happens on some internet forums - though obviously never on this one. Ahem...

Legally, each of us is responsible for our own actions or omissions, as in the OP's case, but I do feel very sorry for him and hope he gets it sorted out.

I never bought or sold car - Enforcement Officer visited and collected fine - sayrul

Hi dvd, I'm with you but it's so unfortunate that I believed and really ignored. Its so true im at the end of the day im responsible for my action. Now suffering alone and there is no one to help apart from this forum. Im so grateful all of your advice.Today been to citizen advice bureau again and they will arrange an appointment with me within 3 days to prepare for the Oxford Magistrate court for stat decoration. Hopefully they will help. Will update soon. Many thanks again

I never bought or sold car - Enforcement Officer visited and collected fine - Bromptonaut

Glad CAB could help you. Suspect person you've seen today did what's called a Gateway interview. Intention is to understand full scope of your problem and decide whether to provide assistance via AB website, singpost to another body or refer for full advice.

Looks like they went for third option here.

Good luck

I never bought or sold car - Enforcement Officer visited and collected fine - sayrul

Many thanks again. Yes CAB gave it importance. My case is very honest. As the enforcement officer who took fine he even gave me the DVLA number and told me to claim. But now the only hope is that the magistrate take my case. If he will listen me he definitely will believe and will help. So hoping for the best.

Today I sent following letter to dvla. Please advice will they help and take it seriously.

THE SWANSEA ENFORCEMENT CENTRE

Ref: Vehicle registration: T319AD, TOYOTA QARIS SILVER

Dear Sir/Madam,

On 08/12/2014, I received a visit from a representative from Collectica Ltd with a court order to recover £615.00 over an alleged offence of "Previous keeper Fail To Send Reg' Doc To'

I am completely confused as I have never been the owner of the vehicle. I never bought/sold any car or even a scooter in the UK. As you will see clearly from your records that I have never been the registered keeper of a vehicle in the UK.

Further to this I have not received any documentation from DVLA on related to the vehicle or any request for payment of the fine.

I paid the fine as I was scared by the bullying tactics of the representation from Collectica Ltd. The officer entered my room and threatened that they would remove my possessions within 5 minutes. My wife started crying as well while holding our 2 months old daughter on her arm.

When I first received letter from Collectica I spoke to some English friends they advised me that it may be a Fraudulent Company. In my home country (India) it is unheard of to have Fraudulent Firms to extract money. I have heard that it does happen in England. As a result of my friends advice I ignored the letters from Collectica.

Therefore, I'm requesting you to kindly Investigate these and recover my costs. Also, requesting under Data Protection Act to have my personal details held by DVLA sent to me.

Please do not hesitate to contact me if you do need any more information.

I never bought or sold car - Enforcement Officer visited and collected fine - sayrul

Hi experts,

I been to Citizen Advice bureau and they tell me to contact with solicitors. But the solicitor suggested since it has nothing to do with criminal so I should contact with magistrates court fine matters. Tomorrow i have an appointment with Oxford Magistrate court.Could you please advise me how should I explain the matter. Also will this fine matter affect my status. Will there be any CCJ against me if the magistrates doesn't take case based on 21 days rule. Please please advice.

Many thanks

I never bought or sold car - Enforcement Officer visited and collected fine - skidpan

.Could you please advise me how should I explain the matter.

Simply explain it truthfully exactly as it happened. Answer any questions clearly and honestly.

Take any papers with you that you have in your posession and proof of the money you paid.

I never bought or sold car - Enforcement Officer visited and collected fine - sayrul

Many thanks. Yes I have both the collectica letters sent to me and the warrant letter pix shot as the officer didn't give it to me. So I took pix and printed. And the payment receipt. I will take all this along with me.

I never bought or sold car - Enforcement Officer visited and collected fine - FP

"Could you please advise me how should I explain the matter."

As Skidpan says, just tell the complete story truthfully and take every single bit of evidence that is relevant.

"Will there be any CCJ against me if the magistrates doesn't take case..."

I can't see why there should be. A CCJ occurs when someone does not pay something that the court orders them to - in other words, it formally identifies an unsettled debt, for which a judgement has been entered against the debtor.

Your problem is just the opposite - you've been made to pay when you shouldn't have had to.

I never bought or sold car - Enforcement Officer visited and collected fine - Bromptonaut

The court staff are Civil Servants working for Her Majesty's Courts and Tribunals Service. They cannot give you legal advice but will be able to explain the process to apply to have the fine set aside. If there are any official forms involved they will be able to supply these or tell you where you can download them.

Further up the thread you mentioned a statutory declaration. This probably means you will need to a statement of the facts concerning the fine and how it and the courts order only came to your notice when the debt collectors called. You will need to sign that as an oath or affirmation in front of either a solicitor or the district judge. It may be that judge has delegated his powers to an approved member of staff in which case you can probably do it at the court counter.

It's clear you're not a UK national. The court or solicitor will explain how to take an oath appropriate to your religion but it's probably easier to do what Brits who have no religious belief do and make an affirmation. It doesn't matter which, the point is you're making what is in effect a statement of evidence and if you state someting knowing it to be wholly or partly untrue you commit the offence of perjury.

I never bought or sold car - Enforcement Officer visited and collected fine - sayrul

Hi all,

Many thanks for all your suggestions. I been to court today and made the state declaration and told everything to magistrates. The magistrates open a new case for pleaded not guilty. They also knows it's not me as my birthday also doesn't match. Have signed my statement as well. Hopefully things will be settle very soon now. Will update as soon as I hear something from them.

I never bought or sold car - Enforcement Officer visited and collected fine - galileo

Hi all,

Many thanks for all your suggestions. I been to court today and made the state declaration and told everything to magistrates. The magistrates open a new case for pleaded not guilty. They also knows it's not me as my birthday also doesn't match. Have signed my statement as well. Hopefully things will be settle very soon now. Will update as soon as I hear something from them.

A few months ago my son had a similar problem, DVLA put 6 points on his licence for failing to name the driver for a speeding offence in a part of the UK he'd never been to.

Letters to DVLA and to the Court finally established that the Court had not given the correct offender's name and address to DVLA, all was sorted within a few days.

I never bought or sold car - Enforcement Officer visited and collected fine - sayrul

What a crap DVLA is! They just do this kind of dodgy things without investigation. Unnecessary hectic and suffering for their fault and wasting time. It's really disgusting.

I never bought or sold car - Enforcement Officer visited and collected fine - skidpan

All organisations have problems from time to time especially when they are as big and have as many people and cars to deal with as the DVLA. All it needs is soemone to input a wrong letter or number into a database and the wrong person gets issued with a fine.

But if you don't ignore the letter there is a better than good chance you will get the issue sorted before it escalates. I did when I was issued with a fine for not declaring SORN. Simply coppied them the form I sent for refund of tax with SORN box ticked and they apologised and the fine was revoked.

Ignoring the letters is the one thing the OP did wrong but hopefully things will be corrected now.

I never bought or sold car - Enforcement Officer visited and collected fine - sayrul

Yes, a lesson learned for a life. From now on never ignore anything related to me.

I never bought or sold car - Enforcement Officer visited and collected fine - sayrul

Dear Galileo, I sent letter to dvla on 10th by recorded delivery and still waiting for response. In your son's case how long it took for sorted. I also didn't hear anything from the court as well. Could you please tell me is there anything else I need to do.

I never bought or sold car - Enforcement Officer visited and collected fine - Bromptonaut

Dear Galileo, I sent letter to dvla on 10th by recorded delivery and still waiting for response. In your son's case how long it took for sorted. I also didn't hear anything from the court as well. Could you please tell me is there anything else I need to do.

The tenth is only just over a week ago and the post is rammed with christmas mail. DVLA Swansea is one of the biggest mailroom operations in Europe handling hundreds of thousands of items a week.

IIRC once openend and after fees sorted and acounted for they scan documentation and allocate workflows to staff electronically. By time your mail was in somebody's workflow it was probably into week commencing 15/12 and this isn't routine stuff - it'll need to be investigated by an experienced member of staff.

I wouldn't be too agitated if you don't hear from them until new year.

If the court are being asked to deal with a statutory declaration and to re-open a decided case then that's probably 'box work' for a District Judge. Again there will be a queue for his/her attention and Xmas holidays are on us.

Don't let either issue ride for too long but as above it's realistically going to be into January before you hear.

I never bought or sold car - Enforcement Officer visited and collected fine - SlidingPillar

I once wrote a letter to DVLA that took nearly three months to get a reply! However, it was the sort of letter that needed not only a human, but an intelligent one too. That being said, I did get what I wanted without the vehicle being inspected.

I would hope the OPs case was dealt with quicker but I'd have said they would have to wait until mid January for a reply.

I never bought or sold car - Enforcement Officer visited and collected fine - galileo

Dear Galileo, I sent letter to dvla on 10th by recorded delivery and still waiting for response. In your son's case how long it took for sorted. I also didn't hear anything from the court as well. Could you please tell me is there anything else I need to do.

This was around July; I think it took a couple of weeks from my posting letters (first class AND recorded delivery) to DVLA and the court for DVLA to remove the points and send a letter explaining they'd had incorrect info from the court.