Trace Legal Department Threatening to take legal action against in county court

joehayes01

Coupon-mad said:

No, Trace don't have a legal dept.  Can you show us that letter (cover your name/address).

I received this letter after numerous threatening ones and after reading loads of threads here I thought I would be okay to just ignore. Is this just another empty threat or will they actually take me to court?? 

Jenni_D

A debt recovery company CANNOT* take you to court ... there is no alleged debt in their name that you could possibly owe. NCP could take you to court, and they could engage a legal company to do it for them, but TRACE could not take you to court in their name.

* Well, anyone can take anyone to court if they wanted to - but they'd have no case that they could prove.

Coupon-mad

They don’t have a Litigation Manager!   To conduct litigation they’d have to have a supervising solicitor.

Clearly this is just a debt demand which you can tell from the 14 days.  This is explained in the NEWBIES thread 2nd  and 4th posts.

Report them to the BPA and ask why Trace are (allegedly) lying about being able to conduct litigation, and having a Legal Dept and Litigation manager.

patient_dream

We have to laugh at TRACE ..... TOTALLY POWERLESS 

NCP use BWLegal anyway and write their own claims

Just huff and puff from Trace who have added a fake amount despite them clearly saying

" We provide this service free of charge to our debt recovery clients as part of our standard recovery model."

Debt Recovery Plus and TRACE advertise 'no win no fee' to Parking Firms

https://forums.moneysavingexpert.com/discussion/6280159/debt-recovery-plus-and-trace-advertise-no-win-no-fee-to-parking-firms#latest

Worth noting if BWLegal make contact. 

Coupon-mad

This is worse than Wonga and the Government has actually fallen for this crap. Unbelievable.

fisherjim

From their website:

Do the cases which we pursue go to court?

Yes, where a case remains unpaid, the case is passed to the firm of lawyers as instructed by our clients (landowners and parking operators).

So they are misleading you, they do like all other debt crawlers hand it back to their client.

Coupon-mad

I’ve reported this to the BPA Head of AOS.

D_P_Dance

They have added what appears to be an extra unlawful amount for debt collection. Judges have dismissed an entire claim because this. Read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

Thrugelmir

Jenni_D said:

A debt recovery company CANNOT* take you to court ... there is no alleged debt in their name that you could possibly owe. NCP could take you to court, and they could engage a legal company to do it for them, but TRACE could not take you to court in their name.

* Well, anyone can take anyone to court if they wanted to - but they'd have no case that they could prove.

Semantics.  Trace work for their clients in the same way as any debt collection agency has done for decades. 

D_P_Dance

Semantics?  How so?