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BW Legal court threat for a 6 years old Parking ticket
Comments
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I think he's better ignoring for as long as he can
That's the thing, the letter was the Final Notice and they are asking me for an answer by the 30 March 2017.
Meanwhile, I have contacted National Debtline who told me that if I send their Limitation date template letter, "it's specifically worded so it does not acknowledge the debt. Sending it cannot restart the 6 year period"
I presume that would be true if the claim has indeed past the 6 years limitation period.
But what if it hasn't....would this letter be considered as : " correspondence between a creditor and their customer within the time limit defined "0 -
I think that you should make as much fuss as possible. They are on a hiding to nothing AFAICS. Let it go to court and cost them money.You never know how far you can go until you go too far.0
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The 30 March deadline is an arbitrary deadline they have imposed. They are unlikely to run off and issue proceedings on 31st March. It will take them longer than that.
Work out 28 days + 28 days from the date of the pcn. Add a day. That's when I think you are safe to say limitation expires.
You could respond and say you need more detail and more time to respond (if the letter is lacking in detail). But my instinct is to ignore until your calculated limitation period is up.Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
The 6 years can never be restarted by a response. Nor does a response stop the clock. Let's just clarify that.Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0
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That's the thing, the letter was the Final Notice and they are asking me for an answer by the 30 March 2017.
Meanwhile, I have contacted National Debtline who told me that if I send their Limitation date template letter, "it's specifically worded so it does not acknowledge the debt. Sending it cannot restart the 6 year period"
I presume that would be true if the claim has indeed past the 6 years limitation period.
But what if it hasn't....would this letter be considered as : " correspondence between a creditor and their customer within the time limit defined "
Don't send the letter until the 6 years has ended. Calculate when that is. As hoohoo pointed out it isn't 6 years from the pcn but 6 years from when payment became overdue.Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
Could you explain this please. Who would give money to a low rent firm such as this to pursue dodgy claims?
https://www.santandercb.co.uk/knowledge-hub/bw-legal-add-more-staff-business-expands
There is a lot of finance out there for litigation funding. Has been since Champerty and Maintenance was considered a barrier to legal "services"
As regards dates, would stick to the National Debtline advice. At least they will have some experience of dealing with this issue. (With all due respect to experts here who have never been inside a court)This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
Loadsofchildren123 wrote: »The 6 years can never be restarted by a response. Nor does a response stop the clock. Let's just clarify that.
I agree, not with a parking charge issue. CCA debts are different (I dealt with them in a previous job) but this isn't one.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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