Vanquish debt prior to legal action letter

pappa_golf

all done on his little computer from his shed in pilling , the address for all 3 companies is a mail box type , postman must be busy as there are 24,457 companies listed there

https://beta.companieshouse.gov.uk/search/companies?q=27%20Old%20Gloucester%20Street,%20London,%20England,%20WC1N%203AX

Danknott15

Apologise for the long reply but being a new user I can't post links. I've copied what was in the email/letter as unsure whether to ignore as above or reply with help from the newbie section.


Dear ,

As all our previous attempts have failed it is with great disappointment that we are recommending our client proceed with County Court action. As the balance remains unpaid we write to you, the driver of the vehicle to advise that if payment is not received in 14 days no further correspondence will be sent. The next letter you will receive will be court proceedings.

In compliance with Practice Direction Pre-Action Conduct we hereby confirm the details of the debt:

Reason for Claim: Unpaid Parking Charge Notice
Issued to Vehicle: - VW golf Silver
Contravention Date/ Time:
Site Address: Crystal Road Car Park Blackpool
Total Cost Claimed: £205.00, which is the unpaid Parking Charge Notice and our Debt Recovery fee.
All documents our client relies on in court are available on request, should you require copies for your defence. The current outstanding balance may increase once your debt is passed to our litigation specialist once they have applied for a Judgement, the following will apply:

£25-35 Application Fee
£50-60 Solicitors Costs on issuing the Claim
£22 if you fail to acknowledge, or £25 where you acknowledge but do not provide a defence
£25 Hearing Fee
8% Interest per annum
I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 4 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction. If payment or adequate response is not received by 15 February 2018, our client reserves the right to commence legal proceedings to recover the debt without further notice from you and this letter may be tendered in court as evidence.



Yours sincerely



Pre-Litigation Manager

KeithP

You would be wise to remove your vehicle registration number from that post.

Pity they don't comply with all the Pre-action Protocols by only offering 14 days notice rather than 30 days notice.

I think I would robustly reply as if that letter really was a Letter of Claim. To me it certainly looks like a (very poor) attempt at a Letter of Claim.

pappa_golf

luv , the add ons

£25-35 Application Fee
£50-60 Solicitors Costs on issuing the Claim
£22 if you fail to acknowledge, or £25 where you acknowledge but do not provide a defence

ps that paperwork is supposed to be sent along with a letter signed by the parking Co or there solisitors , not a debt collection Co

I cant think of the correct responce to post on here (red card time) , however await other people who have not had early warnings to post

but I am adament that the DEBT collector cannot send that paperwork

Coupon-mad

So point out the new PAP to them.

They've not followed it themselves, have only given you a fortnight to reply (wrong) yet they are pointing you to the rules they have not followed!

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules

You could have fun replying pointing them back at the correct procedure which changed in October. Search the forum for 'solicitors immune' but you will have to change the standard letter you find (used umpteen times!) to remove reference to them as solicitors, because they are not.

Show us your version of the usual letter you find when searching for those 2 words. No links given.

pappa_golf

can the debt collector send the PAP BEFORE passing it back?

Coupon-mad

They won't have a clue what the reply forms even are!

Danknott15

Right reached the forum for the "solicitors immune" letter and think I've found it?

Dear Sirs,


I am in receipt of your Letter Before Claim of 26th September 2017.
Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon.


Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.


Your letter lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. Please treat this letter as a formal request for all of the documents / information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.


As solicitors you must surely be familiar with the requirements of both the Practice Direction applicable pre-1 October and the Protocol which applies thereafter (and your client, as a serial litigator of small claims, should likewise be aware of them). As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is astounding that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.


Nobody, including your client, is immune from the requirements and obligations of the Practice Direction and now the Protocol.
I require your client to comply with its obligations by sending me the following information/documents:
1. an explanation of the cause of action
2. whether they are pursuing me as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. Is the claim for trespass? If so, provide details.
7. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 “establishing yourself as the creditor”
8. a plan showing where any signs were displayed
9. details of the signs displayed (size of sign, size of font, height at which displayed)
10. Provide details of the original charge, and detail any interest and administrative or other charges added
11. Provide a copy of the Information Sheet and the Reply Form


If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) – Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.
Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Is that it?

pappa_golf

Danknott15 wrote: »

Right reached the forum for the "solicitors immune" letter and think I've found it?

Dear Sirs,


I am in receipt of your Letter Before Claim of 26th September 2017.
Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon.


Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.


Your letter lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. Please treat this letter as a formal request for all of the documents / information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.


As solicitors you must surely be familiar with the requirements of both the Practice Direction applicable pre-1 October and the Protocol which applies thereafter (and your client, as a serial litigator of small claims, should likewise be aware of them). As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is astounding that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.


Nobody, including your client, is immune from the requirements and obligations of the Practice Direction and now the Protocol.
I require your client to comply with its obligations by sending me the following information/documents:
1. an explanation of the cause of action
2. whether they are pursuing me as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. Is the claim for trespass? If so, provide details.
7. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 “establishing yourself as the creditor”
8. a plan showing where any signs were displayed
9. details of the signs displayed (size of sign, size of font, height at which displayed)
10. Provide details of the original charge, and detail any interest and administrative or other charges added
11. Provide a copy of the Information Sheet and the Reply Form


If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) – Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.
Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Is that it?

umm , but does all that apply to debt collectors , they are not under any legal obligations to fallow the PAP code

this is for the parking co or its solisitors

Coupon-mad

Search the forum for 'solicitors immune' but you will have to change the standard letter you find (used umpteen times!) to remove reference to them as solicitors, because they are not.

Show us your version

I did tell you what to change, even though it's smack bang obvious, so I nearly didn't type it because anyone can see what to change. Wonder why I bother sometimes!