Can anyone answer my question please

Redx

Heather2812 said:

@Redx
I shall be astute. So for my benefit of understanding process of this.
Only Bank can take me to court?
Obviously I am not liaising with ZZPS so do they pass it back to bank if they get no response?

in theory that is correct, BANK are the principal and are the claimant although they could sub contract it to a law firm to issue any court claim , many do, your PCN,s or NTK,s came from BANK PARK MANAGEMENT , so they own the invoices and so own the alleged debt. they can only apply for keeper details once for each pcn from the DVLA, which they did (or should have done , each and every time, meaning they cannot obtain it once for numerous cases and keep it for all of them , its once per pcn)

ZZPS are debt collectors acting on behalf of BANK and ZZPS cannot buy the alleged debt nor can ZZPS issue court proceedings either

any court claim will come from the CCBC in Northampton, where they nearly all come from, any court that deals with it is your nominated local county court, so one near you, not near the claimant , google it to find out your nearest court

BANK have 6 years to issue a court claim in England and Wales, 5 years in Scotland, because laws are different

KeithP

Heather2812 said:

Only Bank can take me to court?

Yes.

Heather2812 said:

Obviously I am not liaising with ZZPS so do they pass it back to bank if they get no response?

Yes.

Heather2812

So do I just sit and wait now to see if I get a court summons?
Do they have a timescale to do this by please?

Le_Kirk

It won't be a summons, it is civil court not criminal court.  Apart from useless debt collector letters (about which you take no action except to file them) it will be a letter before/of claim followed by formal court claim papers from Northampton CCBC.

Redx

There will be no summons from anywhere at all , it's not a criminal case , so no summons , those summons could have been a problem for you with council penalty notices going to your old address , with automatic escalation due to non payment , bailiffs etc , which is why you are lucky you didn't get those after moving , they would have caused you real grief , worry and high charges

Google MCOL and read , civil claims usually arrive via MCOL from the CCBC in Northampton , with very few from the cmcc in Salford , but if you get a claim it's more likely to be from Northampton as with the vast majority

Google your local civil court on the h m courts website and put your postcode in , that will be the location , probably (covid has had some effects but assume it's still your local civil county court)

You have 2 choices

Pay in full

Or

Fight them in court and let a judge decide

The claimant Bank has 6 years to issue a court claim for all outstanding PCN,s , via MCOL

DoaM

Redx said:

The claimant Bank has 6 years from the date of the PCN to issue a court claim for all outstanding PCN,s , via MCOL

Edited for additional clarity.

Castle

DoaM said:

Redx said:

The claimant Bank has 6 years from the date of the PCN to issue a court claim for all outstanding PCN,s , via MCOL

Edited for additional clarity.

Actually it's 6 years from the date of the breach of the contract.

DoaM

Which would be the date of the PCN? (Unless you're meaning it's the date by which the PCN should be paid).

KeithP

DoaM said:

Which would be the date of the PCN? (Unless you're meaning it's the date by which the PCN should be paid).

The latter. The contract isn't broken until the victim fails to pay the allegedly agreed fee.
That is probably twenty-eight days following the NTK that 'requests' payment.

DoaM

We're in agreement then - I accept that argument. The real point I was trying to make though is that it is NOT the date from which they started chasing payment (e.g. letters sent a few months later), nor any later date. (Some "victims" don't appreciate this hence my clarification)