Is this a LBCCC?

felicity1

Parked at the Peel Centre Stockport in 2013 and have received numerous letters asking for money claiming 'parking without displaying a valid ticket/permit'. As was the advice on here at the time, I have not replied to any letters. I displayed a ticket, which I still have, but I mistyped the registration number.

Fast forward and I now have a letter from Debt Recovery Plus with 'Notice of intended court action' as their opening line. Is this the same as a LBCCC? It was followed 2 weeks later by a letter from Debt Recovery Plus offering a reduced payment.

I have not replied but wonder if I should have as it was perhaps a badly-worded LBCCC?

Today I get a letter from Rossendales Collect threatening doorstep collection. Do I have to let Rossendales into my home and can they take things from my house? If they call should I call the police? I have waded through the threads and advice on here and I am sorry if the information is up there but tbh, I am lost and scared of how to handle it when a bloke turns up on my doorstep wanting my possesions.

Thanks.

Redx

not going to happen without a CCJ

what you have are DR letters

check the NEWBIES - READ THIS FIRST sticky thread, 4th one down from the top of the forum for advice on handling this

Stroma

They are not going to turn up at your door, this is just an empty threat that they send out thousands of times a year. Just ignore them as these useless debt collectors cannot issue any claims as the alleged debt is not even theirs. So in answer to your question no it's not a compliant letter before claim

spacey2012

All empty threats, until you receive stamped court papers, do not worry.
One thing that needs to be re-iterated is ANYONE in England can issue a CCJ claim for ANYTHING.
I can send everyone one for eating Christmas dinner demanding £120.

They are a spurious claim that parking scammers hope will not be correctly defended.
Parking charge notices are a scam, the reason they are a scam is because they are contrary to English law in just about every sense of the word law going.

They do sometimes get one passed a senile camped out old District judge who thinks he has been wheeled in to court for his soup and bread roll.
This is because District Judges at bear pit level do not have to follow law as written.
However at appeal and you are granted automatic right of appeal if you have just one legal point where the law was not correctly applied, at appeal the law must be followed as per case law, I have done this and the hearing lasted less than two minutes, it was a contractual penalty and that was it, case over.

Most CCJ claims are speculative in the hope you will be unable to mount a successful defence and they have no more chance than my Christmas dinner fine would have of success.
Never let bullies win, fight fight fight.

felicity1

Thank you for responding. What do you suggest I do with regard to the threat of doorstep collectors? Is this legal, at the moment I am scared to answer the door.

Stroma

Look we've seen this thousands of times, they will not call! And if they do they have no powers to levy anything, they are not bailiffs don't confuse the two as they are completely different. You could even write to them telling them that you withdraw any implied right to call on you. They must only come if they make an appointment with you, which as I said you can deny.

All they will do is write hysterical letters saying a bunch of lies, don't believe them, we have no financial stake in this, we are independent they are not! They are trying to intimidate you, just file the letter away and stop worrying.

HO87

felicity1 wrote: »

Parked at the Peel Centre Stockport in 2013 and have received numerous letters asking for money claiming 'parking without displaying a valid ticket/permit'. As was the advice on here at the time, I have not replied to any letters. I displayed a ticket, which I still have, but I mistyped the registration number.

Fast forward and I now have a letter from Debt Recovery Plus with 'Notice of intended court action' as their opening line. Is this the same as a LBCCC? It was followed 2 weeks later by a letter from Debt Recovery Plus offering a reduced payment.

I have not replied but wonder if I should have as it was perhaps a badly-worded LBCCC?

In a word, no.

A LBCCC is, as its name implies a Letter Before County Court Claim and the Civil Procedure Rules require that such a letter has a very specific content - the vast majority of parking companies and their fellow travellers dismally fail to comply with. However, what you have is simply a sabre-rattling letter from a debt collector.

I understand that people get awfully worked up about the threat from debt collectors but the truth is that they have no more legal powers than you are I to enforce or pursue a debt and - ultimately - all they can do is to ask you to pay up. Always remembering that the only way that they make money is to collect on the debts that they chase they aren't going to rush to tell their intended victims that they actually have no power, are they?

One might argue that this pushes the envelope. People seeing Rossendales letters inevitably and understandably focus on the word "bailiff" but in these circumstances they aren't ever going to be involved in enforcing any county court judgment. That is done by county court bailiffs - not certificated bailiffs - which is all that Rossendales are. In any event they are simply acting as debt collectors here - nothing more.

If Excel write you what they call a Letter Before Action/LBCCC then pop back here and we can guide you on dealing with it. For a small sum such as this no self-respecting debt collector is going to get out of bed to knock your door and in the unlikely event that they do just tell them to clear off. They cannot force entry and remove goods and if they do - for a purported debt at this stage - it will almost certainly amount to burglary.

Stop worrying. Chill and treat yourself to another glass/mug of tea/coffee/beer/wine/G&T.

fil_cad

Tell rossendales if they do decide to pop around you will leave them a brush at the front door for them to sweep the path just so there visit wont he wasted!

Coupon-mad

felicity1 wrote: »

Parked at the Peel Centre Stockport in 2013 and have received numerous letters asking for money claiming 'parking without displaying a valid ticket/permit'. As was the advice on here at the time, I have not replied to any letters. I displayed a ticket, which I still have, but I mistyped the registration number.

Fast forward and I now have a letter from Debt Recovery Plus with 'Notice of intended court action' as their opening line. Is this the same as a LBCCC? It was followed 2 weeks later by a letter from Debt Recovery Plus offering a reduced payment.

I have not replied but wonder if I should have as it was perhaps a badly-worded LBCCC?

Today I get a letter from Rossendales Collect threatening doorstep collection. Do I have to let Rossendales into my home and can they take things from my house? If they call should I call the police? I have waded through the threads and advice on here and I am sorry if the information is up there but tbh, I am lost and scared of how to handle it when a bloke turns up on my doorstep wanting my possesions.

Thanks.

Same as here, exact same situation. One of the dozens and dozens of similar cases you could find by searching the forum for 'Rossendales' or 'Peel':

https://forums.moneysavingexpert.com/discussion/4854601

Don't reply to Rossendales but do reply to Excel. See the advice given already umpteen times on other threads and in the Newbies read this first!' sticky thread which already covers your options at debt collector stage (they are just letters but Excel do try the odd small claim, so pre-empt it).

Shame you never appealed in time and won at POPLA like we have advised here for almost a year...

felicity1

I posted several weeks ago now about tickets we have received whereby the incorrect registration number has been entered, back in March 2013. I have sent letters to Excel and the Manager at the Peel Centre 29 December 2013. I have heard nothing from Excel, the Manager at the Peel Centre has refused to help and sent a letter from his secretary full of excuses.

I am still receiving threatening letters from Rossendales Collect. This morning's letter advises of a field visit to gain payment.

Do I ignore this letter? Am I legally obliged to let Rossendales enter my home, or is this simply a great big threat?

Also, how long do Excel have to reply to my letter?

Thanks in advance, am stressed,

Redx

https://forums.moneysavingexpert.com/discussion/4816822 tells you what you need to know about all this, I am sure you were advised to read it on the previous threads too

as you have not been to court and not received a CCJ , there is no court order to be enforced so nobody can enter your home , so read the advice about debt collectors again

excel probably do not have to reply to you , as far as they are concerned its in hand with the debt collectors , who eventually will return the alleged "debt" back to the creditor

the landowner (peel) or their authorised managing agent (legally appointed agent) or the actual creditor themselves (with a legal contract in place) are the only ones who can take you to court

your "ignorance" of the court system is causing your stress , not helped by threatograms from debt collectors who are economical with the truth

http://forums.moneysavingexpert.com/showpost.php?p=64350592&postcount=4

starting new threads only leads to confusion, here are your previous two

https://forums.moneysavingexpert.com/discussion/4853947

https://forums.moneysavingexpert.com/discussion/4854742

so that is now three threads on the same topic , where you were given some good advice within those previous threads about this, including the same answers to the same questions you have now asked yet again one month later !
(you will get the same advice each and every time until you get an LBA or LBCCC or court papers)