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Oak Legal Services - Letter Before Claim
Hi there, i have just received a letter from the above, which reads as:
"We have been instructed by LDK Group Limited to obtain payment of the above Debt from you.
The letter of claim is sent to you in accordance with the Civil Procedures Rules and the Pre-Action Protocol for Debt claims('PAP')"
The dates of the offenses were 03/12/2023 and 20/04/2024
I am planning on using the templated response on the second post down on the stickies, I think I ned to modify paras 2 and 3 only and send all 10 paras the email address on the letter, is tht correct? If so could someone check to see that I have modified with the correct information? Many thanks
2. The allegation(s) are vague and liability is denied for the sum claimed, or at all. The delay in bringing proceedings lies with the Claimant, making retrieving material evidence difficult, which is highly prejudicial. The Defendant has little knowledge of events, or who was driving at the time of the offense.
3. Both fines were appealed at the time via the online appeal process, however no response was given to the appeal. The original appeal stated and provided photo evidence of sparsely placed very difficult to red signs
Comments
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No, not correct
Email the LoC response template from the 2nd post in the newbies sticky thread in announcements near the top of the forum
Read a few other recent Oak Legal cases on here, which include the correct email address
Then wait for the inevitable court claim form to arrive in the post
Ps, no offence was committed, no fines were issued, just 2 pcn invoices from a private parking company
2 -
would you be able to link me to the correct template please? I thought I had found the correct 10 para template to use.
0 -
Thanks for the help, found the required template. I added a line as to why I disagree, would you be able to check the below to see if its ok?
Dear Sirs,
Your ref: XXXXX
Proposed legal proceedings
Claimant: LDK Group Limited
I refer to your letter of claim.
I am the registered keeper but I wasn't driving the car.
I confirm that my address for service for the time being is as follows, and any older address must be erased from your records:
[ADDRESS HERE]
You should revert to your client because the 'propensity to pay' score in my case is zero, so any claim is hopeless and a waste of the court fee (whether 'fronted' by your firm or not). Move on to weaker victims.
The alleged 'debt' is disputed and any court proceedings will be vigorously defended. The alleged offence is from over two years ago, I have no idea who the driver was. I recall at the time both fines were appealed, yet no response was given to either appeal.
Yours faithfully,
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Never use these legal words, fines & offence ( I did tell you earlier ), you wont find either word on the paperwork they sent you, or on the signs either
No offence occurred, no fine or fines were issued either, this is a civil matter, not a criminal matter
Magistrates issue fines, for actual offences, but not in these private parking company cases, where neither word apply
2 -
Thank you. Will remove both and send it off. Thanks a lot for the help
0 -
Incident or contravention for the word offence, and, invoice, pcn or parking charge notice for the word fine
2
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