PPC chasing old invoices

fueboy

Thanks blackdog2220, I've found the thread here and its very interesting but seems VERY unfair.

What would my first action be? 
Replying to DCBL stating that I am seeking debt advice - thus giving me another 30 days?
A complaint to DCBL, BPA, ICO or the relevant bodies (please advise of which) regarding Szmidt obtaining my details from an old defunct company illegally?

I know coupon-mad has suggested a reply to DCBL with a threat of a counterclaim but I'm still searching for an appropriate template to edit.

blackdog2220

Mr Szmidt cannot be in buisness now as a sole trader , part of the setting up of a sole trader is the fact that you are registered as self employed "If you're winding up a sole trader or partnership business then once again your main port of call is HMRC to let them know you're no longer self employed. You'll still need to complete a final self assessment tax return even if you weren't self employed for the whole year."

now Mr Szmidt is listed at companies house as a Director of another company , so in paid employment , perhaps HMRC needs to be informed of this 

blackdog2220

reply to a question to a legal company 

a non trading sole trader cannot start a county court claim in name of closed down sole trading company , the company )or sole trader) has be active at time of issuing claim 
Mr Szmidt  is now a director of another company , so cannot hold post of sole trader 

nosferatu1001

I would sugegst you follow the newbies thread. 

blackdog2220

fueboy said:

Thanks blackdog2220, I've found the thread here and its very interesting but seems VERY unfair.

What would my first action be? 
Replying to DCBL stating that I am seeking debt advice - thus giving me another 30 days?
A complaint to DCBL, BPA, ICO or the relevant bodies (please advise of which) regarding Szmidt obtaining my details from an old defunct company illegally?

I know coupon-mad has suggested a reply to DCBL with a threat of a counterclaim but I'm still searching for an appropriate template to edit.

I would suggest you inform DCBL that they are attempting to start a claim by a "party" that does not exist any more , Mr  Szmidt  T/A capital car part patrol <full stop>  ceased to exist when mr  Szmidt  became the sole director of capital car park patrol LIMITED on 24th aug 2020 

you should aso ask them why all paperwork from them (upto today) has been in relation to CAPITAL CAR PARK CONTROL LTD who are a new company first formed 24th aug 2020

fueboy

nosferatu1001 said:

I would sugegst you follow the newbies thread. 

I am still scrawling through the newbies thread but cannot seem to find the right part. I don't feel i need to tell them im seeking debt advice as i already have the SAR from the PPC and i am now at the stage where i have all the evidence they have on me, the keeper.

I am now looking to compose a reply to DCBLegal (if any others are appropriate, please advise) to tell them the sole trader has transferred/sold the alleged debt without my knowledge to this (his) new LTD company.

I am searching for a template as i don't feel confident in my formal writing abilities, as you can probably tell from some of my posts - i find it difficult to express in writing at times!

nosferatu1001

There is no template
Write something and go from there. 

blackdog2220

or without the knolage or permission of the DVLA 
google proserve (from memory) the DVLA put there foot down , as did the BPA from memory , in fact thats a nice question for the new head of the BPA 

when did T szmitz t/a capitok car park partrol <full stop> cease to be member of BPA , and when did CAPITAL CAR PARK CONTROL LTD become a member 

fueboy

Ok thanks for all the advice so far, how is this so far?

I have the company number for the "new" company but cannot find anything so far regarding the sole trader details pre 2020.



Dear Sir(s)

I write to you in regards to the reference number: XXXXXXXX

I believe you are attempting to start a claim by a party that does not exist any more.

The alledged debt is dated between 18/10/2016 and 14/02/2017. 

"Mr  Szmidt  T/A Capital Car Park Control " ceased to exist when Mr  Szmidt  became the sole director of Capital Car Park Control LTD on 24th August 2020.

Why has all paperwork from DBCL and Capital Carpark Control (up to date 03/02/2021) has been in relation to Capital Carpark Control LTD, who are a new company first formed 24th August 2020?

You are mistaken about who offered the contract and your client "Mr  Szmidt  T/A Capital Car Park Control "  has no cause of action because they are not the creditor and have been illegally sharing and processing data that they have no right to hold, at all.

Capital Car Park Control Ltd, (Company number 12832321) was incorporated on 24th August 2020, and cannot buy the "debts" from "Capital Car Park Control", which remains as a Sole trader.

Assignment of debt requires a notice to be sent by old and new debt owners to the debtor, for obvious reasons. 

I will counter-claim for £900 against your client "Mr  Szmidt  T/A Capital Car Park Control "  if a claim arrives, that sum being the bottom rung of the Vento Guidelines used to assess damages for distress arising from a tort, such as the remedies under the PFHA and CPUTRs as well as the DPA 2018.

I also ask the question, when did "Terry Szmidt T/A Capital Car Park Control" cease to be a member of the BPA's Approved Operator Scheme and when did Capital Car Park Control Ltd become be a member of that scheme?

I look forward to your response.

Yours faithfully

XXX
XX
XXX

KeithP

I also ask the question, when did "Terry Szmidt T/A Capital Car Park Control" cease to be a member of the BPA and when did Capital Carpark Control LTD become a member?

A few extra words needed in that sentence...
I also ask the question, when did "Terry Szmidt T/A Capital Car Park Control" cease to be a member of the BPA's Approved Operator Scheme and when did Capital Carpark Car Park Control LTD Ltd become be a member of that scheme?