Letter Before Claim - SCS Law & UKPC - CASE WON!

Coupon-mad

That was available by Googling...I didn't think I needed to add that!

DAngel

Haha, thanks, I knew where to find it and had already been on the site..... my question was more around whether to follow through - I presume everyone else who has received this response from SCS has done this too?

beamerguy

DAngel wrote: »

Haha, thanks, I knew where to find it and had already been on the site..... my question was more around whether to follow through - I presume everyone else who has received this response from SCS has done this too?

YES ... and as my mate Simon Cowell says .... A big yes from me.

You have 4 yes's

DAngel

... I don't like it, I LOVE it. - Consider it done bosses ;-)

DAngel

Their reply is in:

For the avoidance of doubt, I feel I have put forward our client's legal position as clearly as possible in my email dated 13 May 2019. I am sorry that you feel that this matter has not been dealt with appropriately and it is of course, your prerogative if you wish to refer this matter to the SRA. I would note that any debate about the recoverability of contractually stipulated sums would normally be determined by a Judge at a hearing, rather than it being referred to the SRA.

As such, I will now be taking our client's instructions as to whether they wish to move forward to issue a County Court Claim in respect of this matter.


They are clearly not bothered in the slightest are they?!

Coupon-mad

No, so do the SRA complaint.

DAngel

Hi all, quick question as I've just been reading through NEWBIES again and swatting up on some of the posts linked there to make sure i'm fully equipped with all I need when i start writing my defence.

If you lose your defence at hearing, you have 14 days to pay the full amount - this will not be feesible for me as I don't have £2250 just kicking around - Have you ever heard of them accepting payment plans or other? How would that work?

Also, I am due to be abroad a few times over the next few months - Can I choose a hearing date that doesn't coincide with my time out of the country? And if I am abroad and a CCC is posted to me, I won't know and therefore won't be able to submit my AOS as quickly as possible....

Just thinking ahead, help appreciated and please point me in the right direction if that has already been covered elsewhere!

Coupon-mad

If you lose your defence at hearing, you have 14 days to pay the full amount - this will not be feesible for me as I don't have £2250 just kicking around - Have you ever heard of them accepting payment plans or other? How would that work?

The claim cannot possibly be awarded for that sum, as explained already (as long as you explain the made up add-ons to the Judge at the hearing/in the defence).

NEVER agree to instalments if you lose.

Guess what, not paying IN FULL after judgement leaves a CCJ ruining your credit rating for six years. If, say, you were ordered to pay £1500 then you'd be best borrowing the sum from family and paying THEM back in instalments, having paid the judgment in time to avoid the CCJ completely.

Also, I am due to be abroad a few times over the next few months - Can I choose a hearing date that doesn't coincide with my time out of the country?

Yes, the DQ N180 lets you set out your non available weeks.

And if I am abroad and a CCC is posted to me, I won't know and therefore won't be able to submit my AOS as quickly as possible....

You MUST address that, by ensuring the PPC have a current address for service where a family or friend has agreed to open your post every 2 or 3 days and to email you if a claim arrives, and then they could do the AOS online in your name.

Set up a Government Gateway account in advance (the same portal people use to declare self employed income) and note the:

Gateway ID

and

Password

and give that to the person at your house who will be opening the post in your absence, and point them to the NEWBIES thread to see how to use the Gateway to electronically acknowledge any claim (in your name of course).

DAngel

Gotcha, all makes sense, thanks C-M!

DAngel

This is the latest email through - i presume I don't have to do anything in response to this email, but rather wait until the CCC arrives, which i am guessing will be via post and will be stamped by the court etc. At which point I file the AOS. Am I right?

And then follow instructions here: https://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016#topofpage

I write further to our Letter Before Claim sent to your client dated 11 September 2018 and our subsequent correspondence, in particular my email below dated 15 May 2019.

Our client considers that it is clear that there will be no agreement between the parties. As such they have instructed us to issue county court proceedings to recover the unpaid parking charge notices after 14 days from the date of service of this email.

Please treat this email as the required notice which is required to be sent pursuant to paragraph 8.2 of the Pre-Action Protocol for Debt Claims.