restart the clock

pappa_golf

asking here rather than the motoring/parking ticket section


many private parking Cos are sending "speculative" invoices for money , they know that if the go to the county court they will be shot down in flames


as the new system came into force in October 2012 with the introduction of the protection of freedom act , they are sending threatening debt collectors letters , and hoping to find people who have moved house , do not reply then get a default CCJ and hold the customer to ransom for a lot of money to set it as settled.


upto now I have always advocated the "sod off" approach to the debt collectors , the debt is denied , refer back .


however it is coming out that they are now referring to the letter as a communication within the 6 yrs and re setting the clock, is this legal?


any speculative invoice is not recorded by any credit agency , and is nothing more than a begging letter, if the claims were valid they would have started court action quickly , but they know that they have broken the POFa 2012 rules and would loose

fermi

Resetting what clock?

On enforcing or recording a CCJ already obtained?

Or on the cause of action that alleged future legal action would be based upon?

Wording and context of these letters is needed really.

On the legal side, http://www.legalbeagles.info may be a good place to ask.

pappa_golf

no enforcement done , no court case or starting of court claim , "alleged" contract" not proved in law


stating that as the recipitant of their begging letters has responded to a debt collector , with the proverbial "sod off" letter , they are restarting the time available to start CC proceedings to 6 yrs from the date of the "sod off" letter.


as above , not regulated in law , , typical debt collectors letter here


https://bmpa.zendesk.com/hc/en-us/article_attachments/201682202/intended_court2.jpg


taken from google images , but much the same as issued , replied with "sod off" debt denied , refer back to sender , followed by a "due to communication we are resetting the 6 yr clock in which to start court action


if this was a debt that was recorded on your credit file , I could understand it , but this is a invoice for an "alleged" (but not proved) debt

fermi

To reset the 6 year clock for the Limitations Act 1980 on court claims, you would have to write to them with a clear acknowledgement that the debt or right of action exists and is owed by you.

Writing denying that you are liable for any charge or debt is NOT any form of acknowledgement that can restart those 6 years.

Typical debt collector BS if they are claiming it does.

pappa_golf

thanks Fermi , debt collector and parking co bull£h*t


at no point has the claim been accepted , and is clearly breaking the POFa , and would fail in a county court case