Excel HELP, I have read others but...

esmerobbo

Ashleigh2610 wrote: »

Ok sooo.... today I received a letter from Newlyn, saying court action pending and about a CCJ if I do not pay within 14 days?
Help, no shouting please.... :-/

It's all part of a computer generated mailing, they will churn the next one out if they don't get a reply from a previous one.

Newlyn can not enter a claim, but they don't want you to know that, and its working because you are being rattled.

Stick the letters in a drawer and forget them, the only time you need to come back for advice is if by a very, very, very, small chance you get a legit court claim. Which would need to come from Excel or a solicitor acting for Excel.

Ihateparkingcompanies

Hi al, firstly wanted to say I've found these forums really useful as a silent stalker... I've ignored letters from Parking Eye et al and their spurious solicitors for the past couple of years without any fear thanks to the great advice. However, like the OP I received a phone call from Newlyn Plc on my landline earlier in the week out of the blue. As they asked me to confirm personal details for data protection I told them to politely go away and ended the call. I have today received a letter (as the OP) from Newlyn headed "DO NOT IGNORE THIS LETTER - COURT ACTION PENDING." It tells me where the alleged offence took place and the total amount outstanding (over £150) and then a 'Dear John' letter stating they have been instructed by Excel, I'm formally advised that unless payment is received within 14 days proceedings will be issued in the County Courts where a judgement may be made, and which may be enforced by a Court appointed bailiff. There is no information about the date and time of the alleged offence.


The kicker for me with this one is that I can't remember the last time I parked where I am alleged to have and can't recall any letters - certainly none recently...


So my understanding is that the process has changed but at this stage the letter from Newlyn remains nothing but a spurious request for money which can be safely ignored. Is this right?


As I genuinely don't recall any letters and numerous people are insured to use my car, can I refer to the appeals process or will they reject this on the basis the letters were (presumably) posted 1st class?


For the process to go further, am I right in thinking that Newlyn have to pass the case back to Excel, who then have to start Court proceedings? If so, does anyone know of any examples where Excel have tried to enforce such a debt?


Thanks and sorry for the numerous questions (and hijacking this thread)..... The phone call spooked me slightly as I'm ex directory so I'm probably giving this more concern than I ought to.


Merry Christmas to all (except those working for and affiliated to PCCs).

bod1467

Please start your OWN thread.

Ihateparkingcompanies

bod1467 wrote: »

Please start your OWN thread.

Thanks for the friendly support, but surely when the circumstances are exactly the same as the OP (to the point that we received phone calls and letters on the same day) then anything I experience will be relevant to her? And therefore any advice will assist her? And she may be reassured that she's not alone?


Or does the computer just say 'no?'

Valli

Ihateparkingcompanies wrote: »

Thanks for the friendly support, but surely when the circumstances are exactly the same as the OP (to the point that we received phone calls and letters on the same day) then anything I experience will be relevant to her? And therefore any advice will assist her? And she may be reassured that she's not alone?


Or does the computer just say 'no?'

re starting one's own thread -
It's consistent advice for this section of the forum, possibly to ensure that the OP of the thread gets advice tailored to his/her needs and taking into account the chain of proceedings and events.

If two problems are being dealt with confusion WILL ensue, so the advice to start your own thread stands.

Those who regularly advise others on this part of MSE do a sterling job - please help them by following their advice.

Stroma

The reasons to start your own thread is explained by Valli above, please do so to get advice
http://forums.moneysavingexpert.com/forumdisplay.php?f=163

Ihateparkingcompanies

Thanks for the advice.... I'm not going to argue with the MSE !!!!!...


Ashlegh2610... If you want to get in touch as and when your case develops to see whether mine mirrors and that you are not alone, please feel free to do so. Good luck.

Ashleigh2610

I feel like I should just pay it to stop all this..

Its just I have never been in this position and as above my letter from Newlyn headed "DO NOT IGNORE THIS LETTER - COURT ACTION PENDING." It tells me where the alleged offence took place and the total amount outstanding (over £150) and then a 'Dear Sir/Madam' letter stating they have been instructed by Excel, I'm formally advised that unless payment is received within 14 days proceedings will be issued in the County Courts where a judgement may be made, and which may be enforced by a Court appointed bailiff. There is no information about the date and time of the alleged offence.

Is the same as that above, with the '14 day' thing its just scaring me, I don't want any bad credit/debt against my name?

Im just worried..

Stroma

They are just trying to intimidate you, and by the sounds of it you are about to cave and pay these shysters money! You are not listening to people who have seen this thousands of times, and have advised on this for years.

Newlyns are powerless scumbags who lie, cheat and scam to get money . You are looking at their wording and getting worried, that is what it is designed for. They will not not take you to court as they don't have the ability to do so, the reason is that it's not their alleged debt.

So stop taking in biased paperwork and listen to people who don't have a financial vested interest in this

Redx

even if it went to court (issued by the creditor) and even if they won, no ccj or anything would happen as long as you paid the CCJ within a short time frame (its 2 or 4 weeks , cannot remember but its mentioned on here dozens of times)

so how can you be a bad debtor or have anything against your name even if you lost in court ?

these threatograms are designed to unsettle you and to try to con you into paying and they seem to be succeeding too

how do you know you would not win at court ? you may win on the lack of contract, or not a genuine pre-estimate of loss , or that they have no authority to bring court action etc

if you didnt want all this hassle, then you should have paid the parking fee at the peel centre in the first place, but ignoring the NTK etc and not taking it to popla has brought about your present circumstances, so ignoring before means you are not ignoring now - capiche ?

this KFC business is a well known scam where you are supposed to get 15 minutes free parking, but the anpr cameras are on the peel centre entrance and exit, so anybody who manages to drive through camera A , drive over to kfc , find a spare bay, park, go in kfc , order a meal , wait , pay , exit , get in their car and get to the camera B in 15 minutes should actually be banned for speeding !!!

its a scam from start to finish and you have no control over the time issue as soon as you go in entrance A (its possibly more like 30 minutes and you are supposed to get say 10 minutes to find a space , 15 minutes free parking and say 5 minutes to exit the car park)

we can all be clever in hindsight but ignoring the original letters brought this about , you have no idea if they will even try court given the number of losses at popla they have suffered , I am sure if popla can see through their drivel that a judge can do so too, especially a stockport judge who may have heard about all this previously, seeing as one of them visited the site when the watchdog program was on about it

you do as you wish, we can only advise you, and a lot of advice has been given to you, and will continue to be given IF you get an LBA or LBCCC letter

but no debt recovery agent can take you to court, and no bad debt can happen if you received a ccj and paid it promptly, so you are worrying about stuff you know nothing about, even though its been explained to you and is in the sticky threads too