MIL collections letter before claim

whitepatch

So I received a letter from MIL collections saying they had bought my debt (also received letter which has the same barcode as the other letter- from one parking limited)

The amount is £160.

Now first of all the post code of the car park is wrong.

The circumstances are (very clearly remebered...) that I parked, needed to get change for £5 so popped into the Starbucks next door with my the 14 month old, he had done a massive number 2, so I needed to change him as it was too bad to leave, I waited a couple mins for the disabled/baby changer to be free, then did what I needed to do, got change and went back to my car. I was less than 10 mins and had got a ticket! I never received a notice to keeper so didn't think any more about it till I received this letter.

Now I have read about it and just need help wording my reply? If someone can help me, I understand that people have been successful with the defence of champerty and maintenance.

I fully intend on defending this! Thanks!

Coupon-mad

Show us your draft reply after reading other MIL threads.

Same answer as here:

https://forums.moneysavingexpert.com/discussion/5382182

Also (as prep!) read cueball's defence, he's just submitted it to MCOL v MIL. You and that linked poster are likely to have to follow but we have never seen a forum defence lose v MIL, they disappear...

Why not send a pm to tracywimbledon, click on her username and compare notes, help each other.

HTH

whitepatch

Hi, thanks, I'm reading and reading, maybe tying myself in knots though!

I am going to go on the basis there is no debt to begin with, then obviously say about buying the right to sue.

I'm not sure where to begin to be honest!??

whitepatch

Dear ,

Ref: Xxxxxxx

I note your letter dated xxxxxxx 2016, which states you have been sold an alleged debt from One parking Limited T/A capital 2 coast Parking Management on 11/10/2016. Your letter states it is a letter before action and you refer to the fact I would need to comply with the Practice Direction, Pre Action Protocols but your letter does in fact not comply with this. Your letter is not compliant, and the debt you have purchased does not exist.

I am not liable to the original parking company and MIL has no connection to that matter and has no grounds to issue court proceedings. The alleged debt is disputed and denied and I suggest you read the following before wasting a court fee on top of the cost of purchasing a non-existent ‘debt’:

MIL has no valid assignment of debt in the form of a Deed of Assignment pursuant to s136 of the Law of Property Act 1925. Absent of such evidence you have no such cause of action. Even if there was a valid Deed of Assignment, MIL has no interest in, or privity to any purported original contract, and such assignment would be champertous.
I refer you to your recent case MIL Collections Ltd v Stephen B Case No B1QZ7N32, Oldham CC 15/01/2016.

To purchase an old parking alleged parking ‘charge’ to instigate legal proceedings falls under champerty and maintenance and is not allowable. If MIL were to proceed with this, I will defend it on that basis and any claim will immediately move for it to be struck out by the court. In addition, I will claim my costs incurred defending this baseless and vexatious form of extortion.

As many others have documented through the court process, this is an aggressive form of pseudo-debt collection and I consider it harassment which I could do without.

Cease and desist with all contact regarding this matter,

Yours Faithfully

whitepatch

Any help??

tracywimbledon

Sarah - looks very good to me, your situation seems to be very similar to mine and with the same "people" (if they qualify as being human). I'm still waiting on response to mine too. If yours gets the green light then I may end up wording mine similar to yours ! Good luck !!

whitepatch

Thanks Tracy, yes I read your thread, they really are something aren't they! It will be interesting to see what happens!

Coupon-mad

No need to bust a gut over the LBCCC reply, which looks very good, BTW. Be ready - MIL are in 'roboclaim mode' having spent their £1 (or whatever it cost them to buy a few photos from the parking firm) and will hope that court papers will scare you both into paying. So expect those to arrive anyway.

Take heart that a defended claim is highly unlikely to even end up with a hearing, let alone with MIL winning. They usually discontinue late on.

Cueball's thread has a recent MIL defence example and there are others in some of HO87's posts over the past six months or so, since this ugly MIL threat reared its head more. So you can see what sort of thing needs saying (some legalese is needed v MIL!) in a defence.

Please both join our campaign while this scam is fresh in your mind - why does the Government think it's legal for a firm to traffic in litigation by purchasing unfair/unproven private parking 'charges' (which are spurious at best, even from the originating PPC) for a quid, then sue people for £300 or so, with zero evidence nor due diligence of whether there is a case? Get angry:

https://forums.moneysavingexpert.com/discussion/5524754

Please join our campaign and before your claim forms hit the doormat which will keep you busy (and will no doubt alarm you, even though you are expecting them) channel that energy and anger about this rubbish invoice, 'debt' threatograms and six year 'credit clamping' threat by sending letters of complaint as shown.

I am female and assume you both are too. Not that it makes any difference to the fight but I wanted you to know that I'm with you, woman to woman, on this scam and you need to tell Theresa May all about what has happened to you two so far and what you've found out about MIL Collections who operate very close to the edge of the law but must be raking in a FORTUNE from less clued-up people.

beamerguy

coupon-mad, I did PM you a few days ago as you wanted the summary

Coupon-mad

Oh yes, I will look tonight.

I was at the footie last night and as you all know I have a day job most days too, kind of forgot to reply yet...sorry!!

whitepatch

Thanks so much, I will have a really good read around, I fully expect this to go further!

I will definitely take a look, and will send a letter to anyone I can to stop these !!!!!!s! Yes I am female ����

So shall I just send that letter anyway?