02 May 2016

A question about : Debt collection agency problem

Back in April i was given a 'grant of time to pay' from HMCS for fine of Ј275 for an old vehicle offence. I agreed with the court to set up a direct debt of Ј20 a month until the fine was paid. I asked the court for a standing order mandate form with their account details to set up the payments. A month had passed and i hadn't received the mandate form so i contacted HMCS and they told me the fine had been passed over to a debt collection agency due to no action from me to arrange payment.

I contacted the debt collection agency and the fine had now gone up to Ј360! I asked to try and set up a direct debt of Ј20 per month but they flatly refused this until i payed 30% of the fine up-front. I told them i couldn't afford 30% at present but they wouldn't budge. It was left that i have a week to pay 30% or the bailiffs will come round.

I feel totally bullied by this agency and i'm also disappointed in the HMCS for not getting in contact with me first about the unpaid fine before passing the debt over.

Can anyone advise me on my rights here, do i have to pay 30% by law and are the bailiffs really going to come round? It seems like a lot of expense just for 30% of the fine.

Thanks in advance

Best answers:

  • Thanks for the info Wywth and yes your right I meant to say standing order rather than direct debt. I'll perhaps try the other board you suggested. Thanks again.
  • Hi Mikemurg, thank you for your query regarding debt collection agency problem.
    Firstly you have said that it is a debt collection agency collecting for a court fine but it is important to check this as if the fine is a criminal fine imposed by a magistrates court it is more likely that it is a certified or private bailiff collecting this debt. The reason this is important is that bailiffs collecting for magistrates courts' fines can, in some circumstances, break into your property and in limited cases, arrest you for non-payment of a court fine. More information about fines and bailiffs is available via this link https://www.adviceguide.org.uk/wales/...+fines&x=0&y=0.
    Regarding the charges bailiffs can add to your fine. These can be for sending a letter or visiting your home and can quickly mount up and in your case I would suggest you seek advice as soon as possible if you are unable to pay the amount in full. You can find out contact details of your local Citizens Advice Bureau by visiting https://www.citizensadvice.org.uk.
    Hope this is of assistance.
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