bwlegal - Limitation Act 1980 Query

Snakes_Belly

Castle said:

Snakes_Belly said:

"While the OC receives tax relief for bad debt and massages their bottom line."
In theory yes but I don't believe that their debtor figure quoted in their accounts is a true picture of what monies will eventually be paid to them. It should technically be monies that are due for payment within one year but there must be a lot of debt that has been outstanding for years.

These old claims I don't believe have been written off. They are like the subprime that was held in the balance sheet of some the banks. It can't be that long before they start tumbling like a pack of cards.

Parking Eye actually understate their accounts, as demonstrated by their Accounts for the year ended 31st December 2019:-
Revenue £45.101m
Debtors   £  4.912m
Number of KADOE requests for 2019:-2,042,408

Parking Eye's total costs for 2019 came to £32.296m (which works out at £15.81 per KADOE request).

It will be interesting to see what the £45.101m shrinks to this year.

Curlyben

Jenni_D said:

Curlyben said:
We already know just how far debt chasers lawyers are willing to bend the law to get a result, allegedly...

Surely you mean flex? That's the de riguer term when COVID rules are mentioned.

I was thinking of something else, but remembered we have prying eyes.

blisteringblue

No point starting a new thread just after a bit of advice.   I've a similar instance now with DCBL.  My 6 years was up in December and out of the blue I've got a Notice of Debt Recovery.  Almost 4 years exactly since the last action from them.  I know this is just junk mail still at the moment but I fully expect DCBL to carry this one on reading other threads.

Long and short, reading the limitation act specifically

"Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, you are no longer able to take any court action against me to recover the amount you allege I owe"

What is classed as written contact?  I went through POPLA appeal back then. never declared the driver.  So I have an appeal and a rebuttal that went into April 2015 before the Wright Hassle POPLA crowd rejected my POPLA back in Sept 2015.   I've just binned all their debt collection junk mail since.

I'm over 6 years from date of infraction, but not POPLA appeal letters. 

nosferatu1001

WRitten contact would be you in some way acknowledging the debt. I assume the POPLA appeal did no such thing

blisteringblue

nosferatu1001 said:

WRitten contact would be you in some way acknowledging the debt. I assume the POPLA appeal did no such thing

Absolutely not, I've still got every document from the whole process.   And no disclosure of driver etc. 

nosferatu1001

They also dont have any paperwork yet. That costs BW time and therefore money. Meaning just assert the correct date - supposed breach of contract date - and go for that. 

blisteringblue

Cheers, it's still a 14 day junk mail at the moment, lets see if they keep going.

Curlyben

Leave it till they send a Latter of Claim, then hit them with the good news..
Remember, it is up to them to demonstrate that the debt is valid, live and owing, not yours to show otherwise.

beamerguy

Again this proves that DCBL don't have a clue, being desperate for money is no excuse for total incompetence.   A complaint to the SRA is in order.

Third time of me saying this today ..... DCBL are in Humpty Dumpty mode and we all know what happened to Humpty

Coupon-mad

There's a good letter (maybe linked in this thread) to stop them in their tracks. 

Someone posted about it the other week, might be a National DebtLine template letter that tells them to do one.