Appeal lost and not given Popla code

Gutsygirl90

Thank you everyone! I have responded as per your suggestions.

I have since received another saying its incurred £70 on top - JOKERS.

Will keep you all updated!

nosferatu1001

Send them a LBA
All parties - PPC, TOC and the debt collectors.

Gutsygirl90

What is a LBA?
They have replied stating my comments have been noted - shall I just ignore it now?

waamo

There is absolutely nothing they can legally do except harass you with letters demanding payment. Warn them this is causing you distress and you are minded to take legal action as to their predatory behaviour. Tell them you are aware of Ferguson vs British Gas.

A LBA is a letter before action and is notification that you are considering taking legal action.

In Ferguson some idiot at British Gas kept sending bills and threatening letters to a lady who owed them absolutely nothing. She got a nice wedge of compo from them.

ampersand

...and do they really write 'bares', rather than 'bears'?
#
Add 'distress over mis-spelling of lewd nature'.

financerulez

The fact that they replied not confirming matter is closed when you warned them is reason enough to send. Send them something like this and hopefully that should scare them off:

(If you're getting distressed from this, go to the doctors and get in writing that this is causing you distress, you can use that as evidence.)

[Your Name & Address]

[Their Name & Address]

LETTER BEFORE ACTION

Dear Sirs

Civil Claim - Harassment

Further to my previous letter advising you to stop contacting me as it is causing me substantial distress, I am now writing to let you know that legal action will be taken.

You have falsely and aggressively claimed that I am liable for a penalty. You have not provided any evidence of this, you have ignored the law which I have stated to you on a number of occasions, and you have not followed the correct process. You are continuing to add on ridiculous fees and aggressively claiming I am liable for them, when I am not the liable party. This is causing me substantial distress which I have mentioned previously, but you continue to send letters. I have asked you to stop on a number of occasions. This amounts to harassment and I now claim damages in respect of this harassment.

I propose that we settle this claim out of court, and claim £500 for the distress that your persistent harassment has caused me and is still causing me. Please note that if the harassment continues I reserve the right to increase this figure, and because it is likely to be connected to these circumstances, no further letters before action will be given. If you do not accept this figure, I propose we use a mediation or alternative dispute resolution service to settle this claim. Please send the sum by cheque as soon as possible.

This letter before action has been sent in line with the Civil Procedure Rules, and I will remind you that we are both expected to follow the directions as set out by these Rules which aim to make sure the case is dealt with fairly.

I look forward to hearing from you, and if I do not receive a reply addressing this letter within 28 days, I will issue a claim in the county court without further notice. Please note this may mean you will have to face extra costs.

Yours faithfully

X

Coupon-mad

I would also remind them again:

The alleged incident occurred on [date]. This is longer than 6 months ago. There can be no prosecution for an alleged byelaw breach after 6 months under Magistrates' Courts Act 1980 s127(1) as stated in my previous email.

And remind them about Vidal Hall compensation, and say that you reserve the right to cite the Protection from Harassment Act (used in Ferguson v British Gas) and/or the Data Protection Act (the duties to only process data fairly and in a timely manner, are both breached) in pursuing your damages for distress.

Start building documented, tangible evidence of your distress, e.g.:

- post about this on Facebook telling your friends how this is getting you down, how upset you are...etc., not about fighting back, but how harassed you feel.

- email a friend or two, or write a letter to an auntie, and keep a copy, where you say how this is upsetting you and making you lose sleep (by all means ring them first to tell them what you are doing and why, nothing wring with documenting distress in readiness).

Evidence of distress wins the day, as it did for Henry Hippo on pepipoo* on Friday.

Here's a letter I wrote earlier that mentions his case and another one, in the second half:

https://forums.moneysavingexpert.com/discussion/comment/74046847#Comment_74046847

Only costs you £25 to actually file a claim, and you can read what to put, in HH's counter claim.



*http://forums.pepipoo.com/index.php?showtopic=114450