Should you call their bluff in relation to Letters of Claim?

doubleoseven

General question that relates to all. 

If you keep getting LOC that don't materialise into legal action. 

There is a temptation to write to them and confirm for the benefit of doubt that you don't accept their alleged claim or intend to pay the claimed amount, have a legal defence ready and happy for them to take legal action if that's how they choose to proceed.  

And therefore, they can stop the unnecessary waste of trees and their financial resources in posting letters that are being put in the recycling bin. 

To draw them out, if as in my case, it's been 4 years of being pestered and threatened by them, it gets boring. 

Worse case is, they do take legal action, but that's been the risk all along by not paying it at the start. 

And at least they'll know, you're not just putting your head in the sand where perhaps just one more threat will push into submission but are consciously not accepting their claims and threats. 

Thoughts? 

Umkomaas

We always recommend a robust response to a LoC, denying any debt and confirming that you will defend the claim vigorously in court. Even with repeat LoCs, do the same - keep a copy of your original response, and do as they do, use it as a template. 

More specifically to your situation, which PPC and which solicitors. That might give us a better indication as to how likely to proceed beyond the LoC.

Four years is still rather 'young' as they have six years to issue actual court proceedings. 

Coupon-mad

I agree and have done the same with a relative's 5 year old PCN, which has gone quiet again.  

I like a robust reply. Here's one from 2 weeks ago:
https://forums.moneysavingexpert.com/discussion/comment/79609792/#Comment_79609792

Fruitcake

There is nothing wrong with telling the claimant to either issue a claim or cease and desist.

As long as it is not marked "without prejudice" you can show it to a judge if they continue to drag things out. It also helps if the claimant adds on interest at 8% on top of any fake add on amounts because you can say, they had the opportunity to cancel or issue a claim X years ago and therefore it is unfair to falsely inflate the claim by delaying thins.

As you say, worst case is they will issue a claim anyway. It also lets the claimant know you are still at the same address they have on file so they will be less likely to issue a claim because they hoped you have moved and they can then go for a judgment in default.

Personally, I would always respond to a lettyer of/before claim.

doubleoseven

Coupon-mad said:

I agree and have done the same with a relative's 5 year old PCN, which has gone quiet again.  

I like a robust reply. Here's one from 2 weeks ago:
https://forums.moneysavingexpert.com/discussion/comment/79609792/#Comment_79609792

Excellent letter, but it seems to relate to multiple separate claims? Rather than one claim and multiple LOCs?

Coupon-mad

That one does but ignore that bit. Look at the tone and the final sentence...

Umkomaas

Is this linked to your PPS/BWL thread that is currently having responses made on it?  If so, it risks duplication of advice and might even lead to confusion if commentators on one thread haven't read or kept up to date with comments on the other. 

doubleoseven

Hi Umkomaas

It does in my case, but I felt it was a generic question that might help the wider community, so I set up a new thread. 

Umkomaas

doubleoseven said:

Hi Umkomaas

It does in my case, but I felt it was a generic question that might help the wider community, so I set up a new thread. 

In which case, as a minimum, it would help if you placed a link in this thread to your original thread (and vice versa) so that the 'wider community' can find some context, because, while at the moment both threads are on the same page, as time passes, they will drift well apart, tens, maybe even hundreds of pages away from each other. 

doubleoseven

Please find my case here: https://forums.moneysavingexpert.com/discussion/6300721/bw-legal-pps-plymouth-devon-anpr-overstay-alleged#latest