Civil Enforcement - "On Claim for Debt"

Justme2020

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

Redx

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

Justme2020

@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!

Fruitcake

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.

KeithP

Justme2020 said:

@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!

Justme2020 said:

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

Yes.

Justme2020

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).

Fruitcake

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. 

nosferatu1001

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. 

Redx

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

Justme2020

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-mad

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.