Letter before claim - debt collector attempt?

safarmuk

I suppose anyone can 'threaten' to take someone to court, but does not have to carry out that threat.

This is true I suppose, but misleading in the extreme given this is a formal LBC not the normal "we may start legal proceedings" Debt Collector statements.

I suppose one can always complain to the SRA.

Again very true. The OP should do this if they wish to do so.

[Deleted User]

theoretically there may be breaches of
- Solicitors Act 1974 (debt recovery agent asserting that a solicitor);
- Legal Services Act 2007 (willfully asserting that are able to undertake reserved legal activities); or
- Failures of supervision by the law firm allowing their letterhead to be used if there are no solicitors to supervise the "work/correspondence" emanating from the premises.

All are matters for the SRA - this is not dissimilar to the Wonga cases where they used in-house teams but pretended to use external solicitors merely to 'turn up the heat' on the borrower.

safarmuk

So the OP needs to make a complaint to the SRA if they so wish.

Is it the same if an individual forum member raised a LBC themselves against a PPC but did not proceed? Would not either party need to discontinue in writing after the 14 days if they did not proceed.

Lamilad

safarmuk wrote: »

So the OP needs to make a complaint to the SRA if they so wish.

Is it the same if an individual forum member raised a LBC themselves against a PPC but did not proceed? Would not either party need to discontinue in writing after the 14 days if they did not proceed.

There's nothing to 'discontinue' as nothing has been started. The Letter before claim is part of the pre action conduct and protocols, it is not the start of the money claim process. It is, however, a notice of the claimants intention to start the process and a warning that this could increase the recipients liability.

Whilst the court can impose sanctions against the claimant for not complying with pre action protocols (which may be a non compliant LBC) there is nothing that says that issuing an LBC puts any obligation on the issuer to follow it up with either court action or discontinuance.

chris0147

Lamilad wrote: »

This is a debt recovery letter. Csb are acting as debt recovery agents AFAIK they​ do not do small claims litigation.

However LPS do try court and for £640 i doubt they're just gonna get bored and leave you alone.

If you want further advice then you need to post more info such as how this charge came about, nature of the alleged parking infringements and previous communications between you and the PPC or their agents

Okay, I got charged for parked my car in a private land where I did not display a permit under my windscreen. Basically, they gave me the wrong permit. I did not get the proper permit as I am not on the tenancy which I should get a residence permit so I got a visitor permit. The time limit that I am allowed to park from that private land is between 9:00am to 5:30pm then I have to move it. I don't agree with the signage as I live there and I am not going to move my car to another private land to park there from 5:30pm to 9:00am then move it back again. I am not going to pay as there is no contract.

There is no one who could be used the private land to park their car as my neighbour and three others is used the private land, there is one empty space so anyone could park there. I got bullied by the scumbag, who suggested me not to park in a private land as I am not on the tenancy. He should that I should park in a public highway as he can't touch my car. He was laughed when I told him he gave me the wrong permit as the visitor permit which I got 5 tickets from him as nobody got more than what I have got but only me. This is getting ridiculous!

BTW....The scumbag haven't come around to my area where I live to manage for the car park as he has been disappeared for over 1 year and 5 months! :shocked:

chris0147

DoaM wrote: »

I can't see it on the letter - who/where does it tell you to pay?

Here it is:

http://i.imgur.com/XpWSINH.jpg

chris0147

The_Deep wrote: »

I suppose one can always complain to the SRA.

safarmuk wrote: »

So the OP needs to make a complaint to the SRA if they so wish.

Is it the same if an individual forum member raised a LBC themselves against a PPC but did not proceed? Would not either party need to discontinue in writing after the 14 days if they did not proceed.

Why I should make a complain to SRA?

Can you see what is the main reason I should make a complain about them?

Fruitcake

chris0147 wrote: »

Here it is:

http://i.imgur.com/XpWSINH.jpg

So that confirms that the client is Ultimate Customer Solutions, a debt collector. The letter is either from a debt collector that has bought a solicitor's letterhead to make it look like it is from a solicitor, or it is from a solicitor acting for debt collector.
Therefore the letter can be ignored. Debt collectors can't take you to court, only the original parking company.