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Daniels silverman court action

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  • Trebor16
    Trebor16 Posts: 3,061 Forumite
    Even if the debt collectors have bought the debt they have no powers unless they have been to small claims court and won their case.
    "You should know not to believe everything in media & polls by now !"


    John539 2-12-14 Post 15030
  • treacle7
    treacle7 Posts: 8 Forumite
    I am being threatened with bailiffs by Daniels Silverman too. I have sent them a letter saying I refuse to pay a parking ticket as the signage was ambiguous and possibly fraudulent. It was looked over by a judge who deals with parking tickets "in the real world" i.e council parking tickets and he said that I shouldn't pay it as I had not knowingly entered into a contact with them. This was when I thought it would go straight to court. I sent over what I intend to defend myself with in court and now think I've made a mistake as surely I am not now in contention with CPS but in contention about paying a debt collecting company about services rendered to CPS. I am frightened now that this will never go to court as was advised no county court judge would be happy to find in CPS's favour. Please help I am really struggling financially and just want this to go away. I am concerned that the bailiffs will try to take my car which is my work vehicle.
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    treacle7 wrote: »
    ... I am frightened now that this will never go to court as was advised no county court judge would be happy to find in CPS's favour. Please help I am really struggling financially and just want this to go away. I am concerned that the bailiffs will try to take my car which is my work vehicle.
    Bailiffs can only act if instructed by a Court, which means that CPS would first have to win their claim in Court - which they won't.

    These are idle, empty threats. Ignore the scumbags.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Oopsadaisy
    Oopsadaisy Posts: 1,818 Forumite
    treacle7 wrote: »
    Please help I am really struggling financially and just want this to go away.

    Easy.......do nothing and it will go away,

    I presume that when you say bailiff you're wrong, in that it's some DCA [Debt Collection Agency] that happens yo have a nailiff arm.

    For a bailiff to be involved there would need to have been a court case...hence my belief that you're wrongly using the word bailiff [thicko scumbag button presser is more accurate].

    So ignore all cr4p from them and they will go away.

    I repeat [because you won't believe me]...So ignore all cr4p from them and they will go away.So ignore all cr4p from them and they will go away.So ignore all cr4p from them and they will go away.So ignore all cr4p from them and they will go away.So ignore all cr4p from them and they will go away.So ignore all cr4p from them and they will go away.So ignore all cr4p from them and they will go away.So ignore all cr4p from them and they will go away.So ignore all cr4p from them and they will go away.So ignore all cr4p from them and they will go away.So ignore all cr4p from them and they will go away.So ignore all cr4p from them and they will go away.So ignore all cr4p from them and they will go away.So ignore all cr4p from them and they will go away.So ignore all cr4p from them and they will go away.So ignore all cr4p from them and they will go away.
    Hi, we’ve had to remove your signature. If you’re not sure why then you're as thick and stupid as the moderators on here - MSE ForumTeam
  • Stephen_Leak
    Stephen_Leak Posts: 8,762 Forumite
    1,000 Posts Combo Breaker
    edited 23 April 2012 at 8:55AM
    The debt collectors are simply the PPC with different headed paper. So are the solicitors they will "pass" your case to.

    It would have to go to court, you'd have to lose, and then you'd have to not pay up for the court to send in the bailiffs.

    You've fallen for the usual PPC trick of making you think that they can send bailiffs. They can't, just like you or I can't.

    Now that you know this, re-read their letter and see how cleverly worded it is.

    As you have been advised, they won't take you to court. Could a blackmailer take you to court for non-payment?

    It will go away soon. They're running out of things that they can threaten you with.

    If you really fancy a day in court, and county courts are great places, you might still be able to sue both them and the car park owner for harassment under Section 3 of The Protection from Harassment Act 1997. And they have sent you all the evidence you need.
    The acquisition of wealth is no longer the driving force in my life. :)
  • SodG24
    SodG24 Posts: 1,123 Forumite
    treacle7 wrote: »
    I am being threatened with bailiffs by Daniels Silverman too. I have sent them a letter saying I refuse to pay a parking ticket as the signage was ambiguous and possibly fraudulent. It was looked over by a judge who deals with parking tickets "in the real world" i.e council parking tickets and he said that I shouldn't pay it as I had not knowingly entered into a contact with them. This was when I thought it would go straight to court. I sent over what I intend to defend myself with in court and now think I've made a mistake as surely I am not now in contention with CPS but in contention about paying a debt collecting company about services rendered to CPS. I am frightened now that this will never go to court as was advised no county court judge would be happy to find in CPS's favour. Please help I am really struggling financially and just want this to go away. I am concerned that the bailiffs will try to take my car which is my work vehicle.

    As others have said bailiffs will only get involved if you're taken to court ( which you won't ) and lose ( which you wouldn't ) and you don't pay what the judge says. Even IF ( and that's a massive IF ) bailiffs become involved they couldn't take your work vehicle.
    All aboard the Gus Bus !
  • give_them_FA
    give_them_FA Posts: 2,998 Forumite
    It is, as my esteemed friends have said, total bullsh*t. These companies survive by telling lies and taking advantage of the fact that the man in the street knows little about how the law works, so is taken in by pseudo-legal babble and downright threats- threats which cannot be, and never are, carried out. No court, no CCJ, no bailiffs, no credit files... nothing.

    I am surprised one of these companies hasn't composed a letter entirely in Latin (now that would really sound legal!) with just "Now give us £250" at the bottom of it.

    THESE FIRMS TELL YOU LIES. They are skating just the correct side of legality at the best of times; but, were you so disposed, Treacle, you could probably raise a case against them for illegal harassment and get them to pay you- as Stephen says.

    However, I am guessing that if these scary letters.... scare you..... you may not be up for striking back... but, at least, recognise that it is all a SCAM of the first order and have nothing further to do with them.

    You wouldn't reply to the phishing merchants asking you to confirm your internet banking sign-in details, would you? Well, these companies are on a level with those fraudsters, telling you they will do this and do that when they know damn well they can't.

    Half a million people a year tell them to stick their tickets where the sun don't shine- by ignoring them. Join that happy band!
  • I have just worked out how to view old posts but just to confirm they did indeed "go away" and many thanks for your responses, even if I am too dim to find them til now :)
  • Umkomaas
    Umkomaas Posts: 43,411 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    treacle7 wrote: »
    I have just worked out how to view old posts but just to confirm they did indeed "go away" and many thanks for your responses, even if I am too dim to find them til now :)

    ??? - Wow, have you been looking for almost 2 years - ???

    I wasn't around at the time of your original post, but I'm sure those who remember your case will be pleased to get your feedback.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • pustit
    pustit Posts: 267 Forumite
    Part of the Furniture 100 Posts
    It is, as my esteemed friends have said, total bullsh*t. These companies survive by telling lies and taking advantage of the fact that the man in the street knows little about how the law works, so is taken in by pseudo-legal babble and downright threats- threats which cannot be, and never are, carried out. No court, no CCJ, no bailiffs, no credit files... nothing.

    I am surprised one of these companies hasn't composed a letter entirely in Latin (now that would really sound legal!) with just "Now give us £250" at the bottom of it.

    THESE FIRMS TELL YOU LIES. They are skating just the correct side of legality at the best of times; but, were you so disposed, Treacle, you could probably raise a case against them for illegal harassment and get them to pay you- as Stephen says.

    However, I am guessing that if these scary letters.... scare you..... you may not be up for striking back... but, at least, recognise that it is all a SCAM of the first order and have nothing further to do with them.

    You wouldn't reply to the phishing merchants asking you to confirm your internet banking sign-in details, would you? Well, these companies are on a level with those fraudsters, telling you they will do this and do that when they know damn well they can't.

    Half a million people a year tell them to stick their tickets where the sun don't shine- by ignoring them. Join that happy band!

    Love it !
    We miss you, FA
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