DCBL letter

DoaM

Dear SRA,
So you condone the companies you regulate trying to enforce a debt that is legally null and void?

Misread the post - I thought the SRA had been quoted.

Castle

Jaff_74 wrote: »

Hey folks. I have contacted DCBL and low and behold I have had no reply. SRA have recommended to contact FCA? and trading standards have also replied. Their reply is below

The debt is not enforceable in Scotland unless DCBL obtained a court order against you, if this had happened you would have been informed by the court.
A penalty charge notice received over five years ago, will be time barred unless you acknowledged the letter at the time, in which case it would be five years from when you acknowledged the letter, or received any further correspondence from DCBL. They can not increase the charge, from the amount originally stated.

Trading standards are just making stuff up now.

Fruitcake

Have you complained to the landowner and your MP yet about this unregulated scam?

Jaff_74

No. I am waiting to see what happens with trading standards. And would it be wise to contact land owner 6 years after PCN occurred ?

waamo

Jaff_74 wrote: »

No. I am waiting to see what happens with trading standards. And would it be wise to contact land owner 6 years after PCN occurred ?

I see no reason why not to. It's time barred. It can't suddenly be unbarred.

Coupon-mad

SRA have recommended to contact FCA?

Good call by the SRA! I just checked and DCBL Ltd are members:

https://dcbltd.com/accreditations/

Also complain to the CSA, as DCBL mention them too but with a very ambiguous and ODD choice of words:

CSA – Credit Services Association
CSA is the UK trade association for the debt collection and debt purchase industry. DCBL maintain membership approval in support of the CSA as they are the 'voice of the collections industry'. A vision of building confidence within the debt collection industry overall is held by making the entire process transparent, easy to understand and less stressful for all those involved. All of which is governed by a Code of Practice for the fair, honest and ethical treatment of those engaged within Debt Collection.

Re this from Trading Standards:

A penalty charge notice received over five years ago, will be time barred unless you acknowledged the letter at the time, in which case it would be five years from when you acknowledged the letter, or received any further correspondence from DCBL. They can not increase the charge, from the amount originally stated.

Reply and say they have made significant assumptions and legal errors in this response and you want the complaint to be escalated please:

(a) it is never (was never) a 'penalty charge'. It was an alleged contractual debt.
(b) they are wrong to suggest that the 5 years resets from the last contact. That is only true of CCA regulated loans, utilities and debt accounts such as mail order. Private parking charges are not CCA 1974 agreements and are statute barred like any plain old alleged debt, after five years. Full stop. And you require that Trading Standards please check these facts in law and update their knowledge and assist you in this regard.

Jaff_74

I have now contacted FCA. I have also replied to trading standards with your reply. I will also message my local MP tonight

beamerguy

Jaff_74 wrote: »

I have now contacted FCA. I have also replied to trading standards with your reply. I will also message my local MP tonight

It's only a matter of time now that DCBL are spanked by the authorities and the courts

paula_12

I've also had a pre enforcement letter from DCBL and would appreciate advice on what to do.

This PCN was Jan 17 so not time barred. I am contacting CP plus and landowner but still working on letter. I had actually paid for parking through their phone system. I was told it would be cancelled if I sent copy of phone bill showing call which I did. Hadn't occurred to me I hadn't had confirmation of cancellation til this arrived, last contact would have been SPring/Summer 2017

KeithP

Paula_12, have you seen the replies on the thread you started ten days ago?

forums.moneysavingexpert.com/showthread.php?t=6091665

Probably best that you answer the questions there and stick to that thread.