Help! Court Claim from PCN-UK

ckerrd

I was once threatened with court action in respect of a parking "offence".

This turned out to be a lie.

I phoned the court (allegedly) concerned

AlphaRomeo_2

davidlizard wrote: »

Perhaps you could send a Private message to one of the helpful/trusted members on here (i.e. not me!) containing the court reference number.

Any names? How do I know who is a helpful/trusted member? Would the 'title' and longevity of membership of the forum member be of any help in deciding who I can trust?

sarahg1969

They have shot themselves in the foot on a number of counts there. I particularly like the downright lies from the "bailiffs", who, I would add, are part of the same company, to all intents and purposes.

Best not to air too much on this thread, as we know the PPCs read these forums.

I suggest that any discussion be dealt with by PM.

And, OP, I'd suggest you also take this to pepipoo.com.

Interesting to see that this incident took place in Chorley. Hmm. A little trip out may be in order.

dacouch

Here are the guidance notes from the OFT

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

In my opinion the claiming they have a warrant and mentioning they are bailiffs breachs the following.

2.1 It is unfair to communicate, in whatever form, with consumers in an unclear,
inaccurate or misleading manner

2.2 Examples of unfair practices are as follows:
a. use of official looking documents intended or likely to mislead
debtors as to their status, for example, documents made to resemble court
claims

False representation of authority and/or legal position
2.3 Those contacting debtors must not be deceitful by misrepresenting their authority
and/or the correct legal position.

2.4 Examples of unfair practices are as follows:
a. falsely implying or claiming authority, for example, claiming to work on
instructions from the courts, claiming to be bailiffs or, in Scotland,
sheriff officers or messenger-at-arms

d. falsely implying or stating that action has been taken when it has not, for
example, that civil action has been taken or that a court judgment has
already been obtained

Charging for debt collection
2.9 Charges should not be levied unfairly.
2.10 Examples of unfair practices are as follows:
a. claiming collection costs from a debtor in the absence of express
contractual or other legal provision
b. misleading debtors into believing they are legally liable to pay
collection charges when this is not the case, for example, when there
is no contractual provision
c. not giving an indication in credit agreements of the amount of any
charges payable on default
d. applying unreasonable charges, for example, charges not based on actual
and necessary costs
e. applying charges which are disproportionate to the main debt.

2.12g: Not giving adequate notice of the time and date of a visit
When a door-to-door debt collector makes an initial home visit to a debtor it may not
always be possible for them to give adequate notice of the time and date of that visit. This
is not necessarily unfair.
The key word is adequate. This was inserted to ensure that what the debtor regarded as
adequate was key

AlphaRomeo_2

peter_the_piper wrote: »

If the information is sensitive the (if agreed) put it on a PM to bargepole . Better than in the open.

I have sent a PM to Bargepole with info on the claim no and the issue date- I don't have any doubts about the authenticity though, as I spoke to the court staff today through an alternate number I found on saynoto0870.

ben500

AlphaRomeo wrote: »

I have sent a PM to Bargepole with info on the claim no and the issue date- I don't have any doubts about the authenticity though, as I spoke to the court staff today through an alternate number I found on saynoto0870.

I'm surprised they were able to confirm it without breaking out in hysterical laughter.

dacouch

The amusing thing about the request for payment from their bailiffs is that they cannot actually add up...What more would you expect from highly qualified staff from Ashford's company.

First week intensive training in spelling, second week intensive training in adding up, they will get taught about joined up thinking....

bargepole

AlphaRomeo wrote: »

I have sent a PM to Bargepole with info on the claim no and the issue date- I don't have any doubts about the authenticity though, as I spoke to the court staff today through an alternate number I found on saynoto0870.

The claim number is in the correct format, although I can't actually check it without the password.

As advised on here and by PM, the OP should send back his defence response, and wait and see if they continue with the claim - which, looking at their paperwork, they'd have to be really, really stupid to do. But this is PCN-UK we're talking about.

biscuitdunker

If this does go to court, and there's any chance that Ashford might turn up, I want an invite!!

trisontana

biscuitdunker wrote: »

If this does go to court, and there's any chance that Ashford might turn up, I want an invite!!

Get your rotten tomatoes here!