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Civil Enforcement - "On Claim for Debt"

Evening all,
I've read all the great threads by CouponMad et al, but wanted to ask a couple of questions which I couldn't find definitive answers for please.

1. After 6 months of silence (having ignored all their other correspondence such as ZZPS and Zenith, but "losing" a Popla appeal), CE have started writing again. This doesn't explictly say "Letter Before Claim" but says at the top "On - Claim for Debt" and has the questionnaire. Can this all be ignored or is this an LBC?
2. The letter includes the Beavis vs. ParkingEye and info about debt management. I'm assuming that can just go in the shredder?

Finally, and this might be a daft question, following all the harrassing letter, threats of debt collectors etc which I'm sure you've all received at some point, has anyone ever flipped this around and tried taking a PPC to Small Claims for Harrassment (or similar)?

Thanks in advance. If I have missed something which specifically addresses my questions, please don't be afraid to call me out on it :p
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Replies

  • RedxRedx Forumite
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    1) if it gives 30 days notice and includes financial forms then it's an LBC so treated as such

    Anything else with say 14 days is a debt collector letter and should be disregarded

    2) nothing should be shredded until 6 years has elapsed

    Harassment is a high bar to reach and chasing disputed alleged debts is not harassment , it's legitimate practice , so what you call harassment does not meet the legal definition in most circumstances

    Very few people can prove distress and or harassment to a judge
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • Justme2020Justme2020 Forumite
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    @Redx
    Thank you for the very prompt reply.
    Yes, the letter does say that I need to complete the enclosed Reply Form within 30 days, as such, I'll treat this as an LBC. Would I be correct to go with Option D "I Dispute this Debt"?
    Should I now also kick off the SAR with Civil Enforcement?
    Thanks!
  • FruitcakeFruitcake Forumite
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    Option D of what? The guide to court written by bargepole in the second post of the NEWBIES is your starting point.

    If you don't have the original NTD/NTK etcetera, then it is never too early to send an SAR. Include a copy of the V5C or two redacted utility bills/bank/card statements as proof of ID. Never include any photo ID.


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  • edited 29 December 2020 at 7:44PM
    KeithPKeithP Forumite
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    edited 29 December 2020 at 7:44PM
    @Redx
    Thank you for the very prompt reply.
    Yes, the letter does say that I need to complete the enclosed Reply Form within 30 days, as such, I'll treat this as an LBC. Would I be correct to go with Option D "I Dispute this Debt"?
    The second post in the NEWBIES thread tells you exactly how to react upon receiving a Letter of Claim.
    Amongst other things, it says...
    DO NOT use the 'reply forms'. You do not have to declare your finances!


    Should I now also kick off the SAR with Civil Enforcement?

    Yes.

  • Justme2020Justme2020 Forumite
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    Sorry @Fruitcake - Option D on the Reply Form
    Tick the box that states "I dispute the debt".
    It does still say on the info sheet enclosed that no reply means they *could* take you to court which makes me think it's still waffle (I wouldn't take the risk).
  • edited 29 December 2020 at 7:47PM
    FruitcakeFruitcake Forumite
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    edited 29 December 2020 at 7:47PM
    You could tick that box and leave the rest blank, or just write the words, "I dispute the debt" in your response, or both.

    Reply or no reply, they could still take you to court. 
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • nosferatu1001nosferatu1001 Forumite
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    They can take you to court no matter what, so I'd ignore their pointless forms. As you've been instructed to do. 

    Follow the newbies thread advice. 

    SAR done?

    these are both five min jobs requiring no questions. 
  • RedxRedx Forumite
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    I would not be filling in their forms

    I would deny the alleged debt etc like the newbies FAQ sticky thread second post mentions when an LBC arrives

    I would email a SAR to the DPO at the PPC attaching a copy of the V5C as proof of I D under the GDPR law , or 2 recent redacted utility bills instead
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • Justme2020Justme2020 Forumite
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    Thanks @Fruitcake and @KeithP
    I'll sort the following this evening:
    1. I'll tick "I Dispute the Debt" but I'm not going to write War & Peace as to why I dispute. I'd save that for any potential court defence. They do then say to complete Section 4 / Box I which reads like it's a request from me to them to provide; A copy of the written contract for the debt, a full statement explaining how charges have been calculated, a calculation of interest. I guess ticking this box would simply waste more of their time in trying to provide this(?)
    2. I've found the CE email address and the info on LegalBeagles on how to write the SAR. I'll do this shortly 

    @KeithP  , it looks like the second part of that post isn't (yet) relevant

  • Coupon-madCoupon-mad Forumite
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    Why are you filing in the LBC 'debt' reply forms that the NEWBIES thread tells you not to use because it isn't a debt and you should address the issues in a reply, not filing in forms?  Please just do what the NEWBIES thread tells you to do at LBC stage, assuming your landowner/retailer complaint has already been exhausted.
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    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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