Wright Hassall

Redx

devonlad wrote: »

she wont let me contact them though. I did think about contacting the indigo etc to state I was the driver

she cannot have it both ways

as RK she can be deemed liable for the alleged debt unless she does something about it , ie:- if they followed POFA2012 then she can be held responsible and brought to book , so hiding her head in the sand isnt helping

to get protection under POFA2012 and not be held responsible by a court she could have named the driver (you) , she could have appealed to INDIGO and then to POPLA instead, she could nad should have complained to the landowner

I appreciate you gave her incorrect legal advice but she is worrying about possible outcomes yet failing to do anything about it and she isnt trying to avoid these outcomes either

even if you were to out yourself as driver, its her responsibility under POFA2012 to do it if she wishes to hide behind the act , especially if indigo fail to put you in the frame for it

get a landowner cancelllation and they will find it difficult or impoassible to go to court

if it does go to court, she will have to deal with it at a time when a judge could say she should have tried to avoid court by doing what I have advised

ignoring good advice is almost as bad as accepting previous bad advice

devonlad

She just wants me to pay it now as she worries about litigation team LBC and court costs and fees

Redx

if she names you as driver she wouldnt have those problems once they aim their guns at you

devonlad

I will prob do that get her to note that it was me who was the driver.

Redx

she needs to inform INDIGO who the driver was and to mention that she has discharged her obligation under POFA2012

you draft it on her behalf , she signs it , dates it and sends it with free proof of postage at the PO counter (keep copies and keep the PO receipt too)

then INDIGO can send you an NTD and you can appeal it to INDIGO and then to POPLA , starting the process off again

and then you can also complain to the landowner and try for a cancellation too

here is a draft for UKPC

https://forums.moneysavingexpert.com/discussion/5176963

or another one

https://forums.moneysavingexpert.com/discussion/4955746

amend the incorrect details and do as above

devonlad

Thanks that's what I shall do

devonlad

oh I forgot to ask redx. is the letter that I posted from WH at the beging of this thread a "letter before court" or is that just a warning that they will issue a LBC.


thanks

Redx

is always a good question and these debt collectors and solicitors dont work in terms of black and white but shades of grey, so its usually very hard to know which they are using ~(they dont make it easy)

on here it depends on the tone of the letter and the words used, if they use "may result in legal proceedings" or "be referred to the creditor to take court action" then we assume its debt collector, as its all smoke and mirrors

I think you want total clarification in writing, these companies want to use underhanded scare tactics and they seek to deceive

so usually your guess is as good as mine (plus I have never had these letters, only seen examples on here posted by people like you)

devonlad

Thx refx. Well I see it a debt collectors one as it should be indigo writing to me not zzps on behalf of. Also the wording such as seek to get ccj etc

devonlad

hello, if anyone gets to glance this photo could you just please give me the heads up. I don't think it is a letter before court. OH just wants to feel more reassured that it isn't. thanks guys


https://onedrive.live.com/redir?resid=BAFB45381151F1F4!10646&authkey=!AJbDev Y2-YQVDgo&v=3&ithint=photo%2cjpg