Letter from QDR solicitors - CEL PCN - NHS

Dutch85

Hi All


Having followed the above advice and sent a response using Johnersh's 'cathartic' example


I've since received a further letter from QDR Solicitors, which is worded differently from the first letter but does not acknowledge the points made in my reply letter.

I've also spotted an error (highlighted in bold) as I've only had one PCN;


'We are instructed by ZZPS Limited on behalf of Civil Enforcement Ltd.

We previously wrote to you in connection with recovery of the Debt, which has been incurred following the failure to repay multiple Parking Charge Notices (''PCN'')

Payment is now long overdue. If the Debt is not repaid in full within 14 days of the date of this letter, our client may consider County Court proceedings against you. If such a step is necessary, we will ask the Court to order that you pay our client's legal costs. These will likely be more than the balance of the Debt.

If a County Court Judgement (''CCJ'') is obtained against you, its details will be entered on the Register of Judgements, Orders and Fines. It will remain on the Register for 6 years. Please note this may impact on your ability to obtain future credit as this information is available to lenders and finance companies.
If a CCJ is obtained against you and you do not pay it, we may commence enforcement action to recover the above amount plus any costs incurred, via one of the following methods:

Issuing an Attachment of Earnings application. If this order is granted it instructs your employer to deduct money from your wages to pay back your debt.

Issuing a Warrant of Control application. If this order is granted the court permits the use of Bailiffs in the recovery of the total debt plus costs.'

As I say, I've had no acknowledgment of my initial reply and so would be grateful of advice as to an appropriate response to the above LBCC which is again littered with misleading statements.


Thanks

Handbags-at-dawn

.If a County Court Judgement (''CCJ'') is obtained against you, its details will be entered on the Register of Judgements, Orders and Fines. It will remain on the Register for 6 years.

No it won't. It only stays on the Register if you don't pay within 28 days.

This is a false representation, made for the purpose of getting you to pay up rather than excercise your right to have your case heard in court. It's fraud (have a look at s2, Fraud Act 2006). You MUST complain to Trading Standards.

nosferatu1001

If they are claiming this is a Letter Before Claim, then respond back
Again REQUIRE them to send a PROPER LBA accoridng to the PAP before debt claims. They have 14 days to respond. their failure to acknowledge yoru responses, and the errors in the letter of X, lead you to have the good faith belief that these are merely templates, sent without any controlling mind.

Dutch85

Thanks both - I'll report to trading standards and send a further response letter

Coupon-mad

Did you read other threads recently about LBCCCs on this forum, and see that the pre-action protocol has got stricter:

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

Discussed in lots of threads. Changed on 1st October and solicitors CANNOT just bung out a random threat like that.

Example of another response has been written by LoadsofChildren123:

https://forums.moneysavingexpert.com/discussion/comment/73346484#Comment_73346484

That's different from Johnersh's one you used before, because it mentions the new protocol which puts them between a rock and a hard place. You will have to edit/delete an odd sentence or two that makes no sense for your case, and adapt it.

Do not lose sight of the fact you said you'd complain to the SRA. Now, seize the moment - do that too, about both letters.

The_Deep

This is a false representation, made ...

... and should be copied, along with a formal complaint of unprofessional conduct, to the Solicitors Regulatory Authority. Read this


https://www.sra.org.uk/solicitors/handbook/code/

Dutch85

Hi All


Further to my initial response letter using Johnersh's template, which I sent to QDR at the end of October I firstly received an 'Acknowledgement of your complaint' letter from Jane Clark of QDR's 'customer assurance team' advising that they are investigating the points raised and will issue a 'Final Response' within 4 weeks but 'there are occasions where it can take us longer to investigate your complaint, and could take up to 8 weeks'.


I subsequently received a further letter from them earlier this month;


We refute your allegation that our reference to the effects of a County Court Judgment (‘’CCJ’’) are in anyway misleading and/or impair access to justice. Whilst we acknowledge that a CCJ will not have the impact on you, as outlined in our letter, if paid within 30 days, we cannot assume that you have the financial means to make such payment. Further we are not able to provide you advice regarding your personal finances.


Further, our letter contains no language which could be construed as aggressive or intimidating; we are simply making you aware of our client’s instructions, which are to pursue this matter through the courts if necessary.


With regard to paragraph 3 of your letter, please note it is not feasible for us to consider any proposed defence at this stage, as no proceedings have been issued; there is therefore no defence for us to reply to at this stage.


Your concerns regarding the level of debt we are pursuing is noted. We have a proven track record of successfully recovering the full sum due under PCNs plus additional costs associated with recovery of the same, in the Small Claim Court. Your assertion that we have in anyway misstated the current legal position is therefore denied.


Please note that we are not obliged to list all employees on our website. Further, the position of the Head of Debt recovery is not a role which requires qualification as a solicitor. In any event, we fail to see the relevance of your remarks in this regard to the debt.


Having reviewed the above, I am unable to uphold your complaint. I appreciate this is not the decision you will have hoped for. Unless you have any additional information you have not already brought to our attention, or your query has not been answered, this decision is final.


Please contact us on 01926 758736 to discuss repayment and avoid the need for any further action.


Jane Clarke


Customer Assurance Department


For and on behalf of QDR Solicitiors





I have yet to receive any acknowledgement or response to my second letter, which was drafted using LoadsofChildren12’s template which covers the new pre-action protocol as advised by Coupon-Mad above.



As always any guidance on my next move would be greatly appreciated.

beamerguy

Dutch ...... do you not think that this Jane of QDR solicitors
is probably a child ???

This sounds more like desperation than a professional.

If this is the QDR way, I pity them when put in front
of a real judge

Do tell me this letter is a practical joke ????

It does indeed make Wright Hassall more stupid than we reaised

Dutch85

I thought it best I copy out the letter in full (including typos!) as otherwise I wouldn't be doing it justice!

beamerguy

Dutch85 wrote: »

I thought it best I copy out the letter in full (including typos!) as otherwise I wouldn't be doing it justice!

Of course, let everyone see all about QDR, the Wright Hassall
comedy of errors