Notice of Default

trisontana

Sir_Roger_deLodger wrote: »

Notice of Default? How can you default on something you never owed in the first place?
And that name, Judges Demand! Best one I've seen yet.

According to Pepipoo the company is actually run by somebody called "Judge". From the bottom of their paperwork:-

Mr N Durbin and Mrs J Judge trading as Judges Demand (not in any way affiliated with the judiciary or court system) Consumer Credit License Number 630299/1

Sir_Roger_deLodger

trisontana wrote: »

According to Pepipoo the company is actually run by somebody called "Judge". From the bottom of their paperwork:-

Mr N Durbin and Mrs J Judge trading as Judges Demand (not in any way affiliated with the judiciary or court system) Consumer Credit License Number 630299/1

Gets better. From their website -
We at Judge's Demand are experts in dealing with debtors and our name itself symbolises the innovative approach that take to recovering our Clients bad debts.

Symbolises a bunch of chancers to me. I wonder if Mrs Judge changed her name so they could do it?

ppc_scambuster

It would have been more appropriate to call themselves "No hopers but we will try it on anyway demands" which is probably a whole lot closer to the truth, relax and ignore these begging letters even those marked URGENT, they are best used as dogs toilet paper.

taffy056

Is there a Mr Demand I wonder ?

Complete jokers , there is no way on earth they would go to court

Coupon-mad

annannanna wrote: »

So they definitely cannot put anything on my credit file unless they win a court case?

How can they say they are going to register a default notice if they are unable to do that?

They cannot, look stop worrying and start reporting this immediately!

This is one of the worst examples of debt collector threats/wording we have seen in a long while - you have no idea how many we see and this takes the biscuit for 2011!

Report the parking company and the debt collector by name, with copies of the letters, to the OfT, your MP and local Trading Standards for a start. Do you have a Residents' Association - tell them about this shocking letter and do not even discuss what you did or didn't do (you had a ticket - end of). Managing Agent and/or Landlord - ask them to explain why they are using a company who breach so many laws and regulations. Do not mention the ticket blowing off the dashboard - you are complaining, not appealing or trying to explain your actions!

As pogofish says above, this breaches the Administration of Justice Act, as well as harassment law and debt collector and BPA guidelines. Some info here:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=03_harassment

http://www.oft.gov.uk/about-the-oft/faqs/;jsessionid=E6B8D7BD2367A6684C203A08F63E37C2#named6


To complain about debt collectors call the OFT on 0845 7224499 or e-mail [EMAIL="enquiries@oft.gsi.gov.uk"]enquiries@oft.gsi.gov.uk[/EMAIL]


QUOTE
'How do I complain about a particular business?

You can contact Consumer Direct for advice about how to complain about a particular business. They will be able to direct you to regulators such as Ofcom, local authority Trading Standards Services or other bodies who might be able to help.
Consumer Direct will then collect all your complaints and give them to us to consider or possibly to investigate. Other regulatory bodies may access this information too.
If you want to report a business that you feel may be unfit to hold a consumer credit license, please send your concerns in writing to us, indicating if you are happy for us to disclose details to the trader. Your complaint will then be added to any evidence we have about that trader and will help us to decide whether they are fit to hold a licence. Please note that we will not be able to help you with your individual dispute.
If you want to report a scam, please see Consumer Direct's dedicated scam reporting section.'
QUOTE


Also complain to the BPA (if the parking co claims to be a member) and certainly to the DVLA as these scumbags should not be allowed to obtain keeper's details. Don't expect the BPA to do anything about it but it's very important that people like you DO complain. The purpose of complaining to these two bodies is explained here:

http://forums.pepipoo.com/index.php?autocom=ibwiki&cmd=article&id=102

Please stop worrying about what they are threatening - they cannot put anything on your credit file nor get a CCJ, nor send a bailiff round. Start complaining to the right places about it, but DO NOT contact the parking co or the debt collector at all.

Most of all, please don't do nothing - they need to be stopped.:mad:

annannanna

The letter also says :

'As a result we are now instructed to register a default notice against you and proceed to issue Legal Proceedings.

This will result in you being completely barred from obtaining any credit for at least six years and your personal assets being frozen and possibly repossessed in order to clear the debts owed to your Creditors' :eek:

I will report them today!

AlexisV

Completely unlawful.

trisontana

This from a law website:-

Default Notices

Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations'), which includes

(i) a statement saying the notice is a default notice served under section 87(1) of the 1974 Act

(ii) a description of the agreement

Section (ii) is important because it mentions an "agreement" (i.e. something you sign when you take out a loan.)

In the case of a disputed private parking ticket no such agreement was ever signed. So either the DCA is genuinely confused over the difference between money owed from a loan, and one from a parking ticket. Or they are doing it deliberately to try and force a payment.

Coupon-mad

annannanna wrote: »

The letter also says :

'As a result we are now instructed to register a default notice against you and proceed to issue Legal Proceedings.

This will result in you being completely barred from obtaining any credit for at least six years and your personal assets being frozen and possibly repossessed in order to clear the debts owed to your Creditors' :eek:

I will report them today!

OMG it gets worse. :eek:

Report them everywhere, just do lots of copies of one complaint letter (best not to say who was driving, just say 'a fake PCN was put on my car...' then complain about the unlawful debt collector tactics/wording sent to the registered keeper!). Point out that it's a civil matter - there is no contract nor credit agreement with the registered keeper of a car, so there cannot be any 'default' and they cannot legally use words which are designed to mislead and threaten.

Send send it to everyone I suggested above, with a copy of that dreadful letter. Trading Standards, if they have any nous, should be very interested and let's hope your MP lends his/her weight to the complaint as well.

Don't worry, you did nothing illegal. Certainly come back here if you get any more letters and do not be tempted to pay or reply.

Coblcris

Would it be possible to see a suitably anonymised copy of this 'letter' ?

One would doubt that staying the right side of legal is exhibited.