Letter before Action - Civil Enforcement

Wisespender

Hi All, 

Been trying to fight my way through the various chats and posts but failed to see clearly what to do with an LBA.

This dates back tio over a year ago and out of the blue they have sent me one.  Worst still I thouyght I had naother week but the cheeky buggers have dated their letter 13th October even though I did not receive it till the 20th.

Anyway this has come from CE not a debt recovery/bailiffs or solicitors.

I also know I am not mean to use their form to reply but send a letter back.  Can someone please point me in the right direction of where a thread advises about responding to LBAs.

Kind regards

Wisespender

Gr1pr

Post 2 in the newbies sticky thread in announcements near the top of the forum by coupon mad 

Use the LoC response template to reply to CEL

Wisespender

Thanks Gr1pr, struggling to find the LBA response ones.  I am only paniockign as I thought I had another week but I have a day or so, looking for a template so I make asure I don't give too much info but give enough

Sorry

Gr1pr

Wisespender said:

Thanks Gr1pr, struggling to find the LBA response ones.  I am only paniockign as I thought I had another week but I have a day or so, looking for a template so I make asure I don't give too much info but give enough

Sorry

The newbies sticky thread in announcements is 3rd from the top of the forum,  in announcements,  click on it, scroll down to the second post,  they are numbered in red, so post 2, study it

Read the LoC,  LBA section,  that is where the LoC template response is,  copy and paste into your LoC reply

Everything you need to know is in that thread, especially for newbies 

Wisespender

Apologies, whilst I maybe reading this ina. little panic, I am getting confused over whether I am sending a letter or using MCOL?  This is an LBA from the PPC direct, not from solicitors or from Parking Eye.  I don't want to waste your time just struggling a little.

Gr1pr

Email usually,  and usually to a solicitor or legal company , but if Parking Eye sent the LoC  ( LBA  ) , then email your response template to them, or use their online form on their website if possible   ?

But if its CEL that posted it,  then no point asking about Parking Eye 

No letters, no MCOL,  if you received a Letter of Claim   (  so not an N1SDT court claim pack from the CNBC in Northampton using MCOL   )

You have seen the latest Letter,  I haven't,  we haven't,  so we can only try to ascertain what you have based on your words

Wisespender

Apologies I forgot I never shared the actual letter.  It came with a whole reply form debts and finances sheet.  IO read the newbies thread but got properly confused as there was talk of MCOL which I believe is th next stage and not the stage I am at.  I have not spoen to the company in 12-18 monthas, I thought they had given up and this came out ofo the blue.  I defended the dierver (who I did not admit was me) and they refused to back doewn (bad signage whihcb they have added to and a bad app which now interestingly tthey have also changed.

Wisespender

To also note there are not details opn the LBA about the actual incident, to say I paid but late or anything.  There is also no email that I can find to respond to either.

Gr1pr

MCOL is the stage after an LoC,  so email the LoC response template to the litigation team at CEL,  after looking at other recent SIMILAR cases,  because they should have the email address,  plus ChirpyChicken and Le_Kirk have posted the usual email addresses on here too, everything is on here if you look, nothing is new,  it's the same stuff regurgitated daily 

So study other similar over the last 6 months 

Email the LoC response template to CEL, then await the inevitable Money Claim N1SDT pack from the CNBC in Northampton using MCOL within the next few months 

Meanwhile,  use the lull wisely by studying other cases that are ahead of yours,  see what they did

Wisespender

Thank you for your help.  This is the email I have written which is a variation on the template as persionally felt prop[ensity to pay is a little inciteful.

Re:  Letter before Action – PCN Ref:  xxxxxxxx

Claimant:  CEL

 

Dear Sir/Madam

 

I am writing to acknowledge the Letter before Action dated 13th October which was received on the 21st October.

 

This letter is my formal response to your claim, and it is sent in accordance with the requirements of the Practice Direction on Pre-action Conduct and Protocols (and the Pre-Action Protocol for Debt Claims, if applicable).

 

I confirm that the alleged debt of £170 is formally disputed in its entirety and the claim is not accepted and any court proceedings will be vigorously defended.

The claim refers to a PCN dating back to Nov 2023, the last correspondence of which was June 2024, which I believe is direct ploy to void or make difficult any defence I may have.  I already stated my appeal , disputing that your company made zero financial loss in the day in question as the fee was paid in full.  I also dispute the increased charges reflect financial losses made by your company forthwith and I also noted inadequate signage and app issues in my original appeal.  I also have other witnesses that had similar issues with that same app. 

 

To enable me to fully understand and investigate your claim as required by the Protocol, please provide copies of the following documents, which were missing from your Letter of Claim:

 

·       A true copy of the signed/executed contract or agreement on which the debt is based.

·       A full, itemised breakdown of the alleged debt detailing how the amount of £170 was calculated.

 

I have no interest in ADR or meditation as I believe the PCN was not justified.

 

Yours Faithfully

Gr1pr

Found an email response for CEL below 

https://forums.moneysavingexpert.com/discussion/6598805/dont-know-how-to-send-further-evidence