VCS in Salford

angry_vcs

Hi all,

I'm currently dealing with a PCN  from VCS for an alledged contravention in Salford.

Long story short we are at the LBC stage despite the management agency requesting ticket cancellation ( VCS refused to cancel )

Following the advice in the newbies thread I have responded on email to VCS with the standard Debt advice put on hold one liner to which they have responded 

We need evidence from the debt advice company that you are actually receiving the advice from them, and that they have requested the 30 day period for the account to be placed on hold

Would I be right in asuming that this is them just trying it on and I should respond strongly saying they do not need such details.

TIA

Fruitcake

You can either ignore that spam comment or respond by asking for evidence that the pre-action protocol for debt claims, the DPA 2015, and the GDPR 2018 gives them the right to obtain and process this information.
You could suggest that if they are unable to provide evidence that they have a right to ask or obtain and process the information that they should seek legal advice, then send them a link to the CAB and this forum. 

The source of debt advice is not limited to a debt advice company, whatever that is. 

Coupon-mad

I'd just reply:

"Oh no you don't.  Jog on and read the PAP".

Grizebeck

Coupon-mad said:

I'd just reply:

"Oh no you don't.  Jog on and read the PAP".

nice one

angry_vcs

I've sent them a simple - No I don't

I guess they may try and ignore that but that wont show them in a good light if they do .

95Rollers

I would say "tell me what the act and section of law where it says this? Because there is nothing in PAP that mentions this and my advisors also state this isn't correct  protocol".

I'm pretty sure debt advice is supposed to be confidential between the advisor (which could just be a family member or friend) and the person seeking advice. They are Notorious for overstepping the mark.

Grizebeck

At the end of the day this will not stop the claim or hinder it

angry_vcs

Well they seem keen to progress this one as I have just recieved this email. 
I'll wait for the court papers. 

Good morning,

Without evidence you are seeking debt advice we are unable to place the case on hold

Regards

Litigation

95Rollers

Well angry_vcs said:

Well they seem keen to progress this one as I have just recieved this email. 
I'll wait for the court papers. 

Good morning,

Without evidence you are seeking debt advice we are unable to place the case on hold

Regards

Litigation

VCS/ Excel always pump up their sh*t meritless claims to court. They are bullies who get off on bending the law, the rules and come across very arrogant and aggressive in their communications in order to pump up the fear factor and scare people into paying. They will run their crap cases all the way to court unless somebody caves first through fear. They are a joke and disgrace so I would hold your ground. Debt advice or not, they will likely push this all the way so let them crack on as your a busy person and what this resolved independently by a Judge as soon as possible as your position remains the same. They are criminals in cheap suits and scruffy uniforms!

angry_vcs

95Rollers said:

VCS/ Excel always pump up their sh*t meritless claims to court. They are bullies who get off on bending the law, the rules and come across very arrogant and aggressive in their communications in order to pump up the fear factor and scare people into paying. They will run their crap cases all the way to court unless somebody caves first through fear. They are a joke and disgrace so I would hold your ground. Debt advice or not, they will likely push this all the way so let them crack on as your a busy person and what this resolved independently by a Judge as soon as possible as your position remains the same. They are criminals in cheap suits and scruffy uniforms!

Thanks fortunatly I'm not intimidated by them at all. I'll let them take it all the way if they want to. reading on here and other forums even if they turn up a court it seems to be a sham. so I'll sit back and see what they try next.

Le_Kirk

The pre-action protocol for debt claims at 4.2 & 4.3 states ONLY the following: -

4.2 If the debtor indicates that they are seeking debt advice, the creditor must allow the debtor a reasonable period for the advice to be obtained. In any event, the creditor should not start court proceedings less than 30 days from receipt of the completed Reply Form or 30 days from the creditor providing any documents requested by the debtor, whichever is the later.
4.3 If the debtor indicates in the Reply Form that they are seeking debt advice that cannot be obtained within 30 days of their reply, the debtor must provide details to the creditor as specified in the Reply Form. The creditor should - 5 - allow reasonable extra time for the debtor to obtain that advice where it would be reasonable to do so in the circumstances.

It does not state that the debtor (not that you accept it is a debt) has to provide ANY details of where you are obtaining advice except and unless 4.3 applies and you cannot get the advice within 30 days!  You might suggest if they cannot understand this simple protocol, they might like to engage the services of a solicitor!