MIL Collections Notice Before Action - Please Help

principled1

Hi,
I have just received two letters, one from Parking Awareness Services Ltd saying 'Debt Sold Under Agreement of Assignment' and the second from MIL Collections saying 'Letter Before Action'.


I am hoping to defend the case and wondered if anyone could offer advice on my letter back to them attached below. Any help greatly appreciated.




Reference – XXXXXXXXXX


Dear Mr King,


I am writing in relation to your letter dated 9th July 2016 in which you have informed me that you have purchased a disputed debt.


Please accept the following information as to the reason the alleged debt you have bought does not exist and the legal defence I shall be taking should you insist on taking this matter further.


1 – I have three independent witnesses who will provide sworn testimony to the fact that on the date in question the ticket office at the Model Village Car Park was closed and no member of staff was present to sell the car park tickets. The car park does not have machines to buy tickets from and so it was impossible to buy a ticket upon arrival. The ticket office was still closed as we were leaving, yet PCNs were being issued. The fact that the ticketing office was closed and then PCNs were still issued is tantamount to entrapment.


2 – Therefore the Claimant has provided no evidence that there was a valid assignment of debt, in the form of a Deed of Assignment signed by the original creditor, pursuant to s136 of the Law of Property Act 1925. Absent such evidence, the Claimant no locus in this matter.

3 – You the Claimant has no interest in, or privity to, any purported original contract, and it is submitted that such an assignment would be champertous. The sole purpose is to enable the Claimant to instigate legal proceedings, which is a chose in action, and on that basis the Claim should be struck out by the Court, as was the case in MIL Collections v Stephen Bowker, Case No B1QZ7N32, Oldham CC 15/01/2016.


I would now suggest that as you have been fully informed as to the facts of the case you write to me within 14 days to acknowledge this letter and withdraw all actions. If you do not I will be looking to seek costs for any further time at a rate of £19.00 per hour, plus loss of earnings for the hearing in person that I will insist upon. This will be added to any further costs for legal representation.





Yours sincerely,

pappa_golf

if you look at the next post down , surprise surprise its also MIL , why not read it , and look for clues

HO87

Hi principled1

Your letter provides far too much information (about the witnesses) and the points you have made suggest that were the questions underlying them answered that the implication is that you would accept that a debt exists and that you owe it. I doubt that was your intention.

Your first sentence would be better if it very simply said:

"Aside from the fact that your letter fails entirely to comply with the requirements of the Pre-Action Conduct and Protocols such that I am unable to provide any meaningful response to it I would nevertheless make the following points:

Then carry on as follows:

"1. I deny that I owe any debt to you or that any debt exists or has ever existed.

2. Should you issue proceedings that I will defend the matter.

3. Until such time as you provide a letter that complies with the Civil Procedure Rules and contains sufficient information for me to make an informed decision then my position on this matter cannot change. Any argument you may therefore advance about attempting at all points to secure a settlement of the matter without the necessity for court can only be baseless and disingenuous.

Yours faithfully

principled1

Keep a copy and post it first class from a Post Office so that on handing it over the counter you can ask for a free certificate of posting. (keep the certificate)

If MIL do not issue a claim I'd be gobsmacked - and that would happen whether or not you responded - unless of course you just paid up. This is just a numbers game as far as they are concerned. This response will go on file and be available to for the judge to read and MIL's lack of response will also be noted.

By the way no one here is going to criticise you were you to choose to pay up or negotiate a slightly better settlement. Going through the court process is not for everyone. In terms of timings this could run for another 6 months before a court hearing but there is plenty of support here and on Pepipoo.

HTH

principled1

Thanks for the help HO87 it's very much appreciated. I will follow your guidance and see what, if any response I get from MIL.


I will post again when I hear anything further.

principled1

Hi HO87,

I said I would post again when I received anything further so here it is. I have been on holiday so the letter from MIL is dated 26th July. MIL replied to my letter saying that they acknowledge my recent communication. However, having reviewed the information they do not believe the mitigating circumstances conveyed alter their decision to seek full payment. They then urge me to reconsider my position or consult a solicitor.
They quote schedule 4,4 of the protection of freedoms (The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.)
They go on to say that they will hold action for 14 days after which time further action may be taken without any further notice to me.
However, also in the post when I returned from holiday was a letter from the County Court Business Centre dated 4th August (so MIL haven't waited the 14 days they promised)
At this point I am wondering what you think my best defence would be? As I explained in my first post the ticket office was locked up, with no member of staff about and no way of buying a ticket - a fact which I have witnesses to confirm if necessary. Is this my best line of defence to put on the court forms?
I only have 14 days form the 4th August to respond so any help or advice would be really appreciated.

Thanks in advance

Quentin

Read up in the newbies FAQ thread on how to deal with court claims and follow the links there to other resources

You should now acknowledge the claim which gives you an extra 14 days to prepare your initial defence

HO87

principled1 wrote: »

Hi HO87,

I said I would post again when I received anything further so here it is. I have been on holiday so the letter from MIL is dated 26th July. MIL replied to my letter saying that they acknowledge my recent communication. However, having reviewed the information they do not believe the mitigating circumstances conveyed alter their decision to seek full payment. They then urge me to reconsider my position or consult a solicitor.
They quote schedule 4,4 of the protection of freedoms (The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.)
They go on to say that they will hold action for 14 days after which time further action may be taken without any further notice to me.
However, also in the post when I returned from holiday was a letter from the County Court Business Centre dated 4th August (so MIL haven't waited the 14 days they promised)
At this point I am wondering what you think my best defence would be? As I explained in my first post the ticket office was locked up, with no member of staff about and no way of buying a ticket - a fact which I have witnesses to confirm if necessary. Is this my best line of defence to put on the court forms?
I only have 14 days form the 4th August to respond so any help or advice would be really appreciated.

Thanks in advance

Hi principled1

You have a PM

Redx

you can trust HO87 so do exactly as instructed by HO87

Coupon-mad

Yes, pm's from a regular with thousands of posts (e.g. HO87 or salmosalaris or IamEmanresu who all have knowledge re defences and do sometimes send pm's to help newbies) are always 100% trustworthy.