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Letter before Claim - Wright Hassall/ZZPS

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  • marty1888
    marty1888 Posts: 469 Forumite
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    So MIL don't seem to be giving up on this one.

    New letter received stating:
    FINAL DEMAND
    Despite previous letters sent to you, the above debt still remains unpaid.


    Your name and address may now be referred for independant (sic) verification and then reviewed by our legal department.


    Our client believes this debt is lawfully due and payable and as such could be subject to legal action.


    Yours faithfully,


    Nobody because we didn't bother signing it


    Collections Department

  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    marty1888 wrote: »
    So MIL don't seem to be giving up on this one.

    New letter received stating:
    FINAL DEMAND
    Despite previous letters sent to you, the above debt still remains unpaid.

    Your name and address may now be referred for independant (sic) verification and then reviewed by our legal department.

    Our client believes this debt is lawfully due and payable and as such could be subject to legal action.


    Yours faithfully,


    Nobody because we didn't bother signing it


    Collections Department


    They won't give up, well they do when blasted in court
    or they scupper themselves and discontinue.

    POINTS:
    "may now" <<<< THE OLD WORD "MAY"

    "Our client believes this debt is lawfully due" <<< PROVE IT

    Taking into account that they must now follow the new
    claim procedure, they have big hoops to jump through
    if a court is to accept their claim.

    There letter means nothing , it's just the MIL way to scare you
  • Coupon-mad
    Coupon-mad Posts: 131,695 Forumite
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    It's just a debt collector letter - MIL do seem to have dumbed down since last year!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • marty1888
    marty1888 Posts: 469 Forumite
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    beamerguy wrote: »
    They won't give up, well they do when blasted in court
    or they scupper themselves and discontinue.

    POINTS:
    "may now" <<<< THE OLD WORD "MAY"

    "Our client believes this debt is lawfully due" <<< PROVE IT

    Taking into account that they must now follow the new
    claim procedure, they have big hoops to jump through
    if a court is to accept their claim.

    There letter means nothing , it's just the MIL way to scare you


    What is the new claims procedure?
  • safarmuk
    safarmuk Posts: 648 Forumite
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    https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

    As of October 1st the protocol required for a Business (e.g.a PPC) to pursue a "debt" from an individual (e.g. you) has changed - see PDF above.

    If the PPC want to now bring a claim against you they must follow this new protocol. The new requirements will mean the PPCs solicitors spending much more time on the LBC and also providing you much more information (things they currently do not do). This will not fit well with the current cost model.
  • marty1888
    marty1888 Posts: 469 Forumite
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    safarmuk wrote: »
    https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

    As of October 1st the protocol required for a Business (e.g.a PPC) to pursue a "debt" from an individual (e.g. you) has changed - see PDF above.

    If the PPC want to now bring a claim against you they must follow this new protocol. The new requirements will mean the PPCs solicitors spending much more time on the LBC and also providing you much more information (things they currently do not do). This will not fit well with the current cost model.


    Based on the above new requirements it would seem that this is simply a scare tactic to get me to pay now so they can make some money out of it. I will happily see them in Court if required but that process may now well cost them a lot more than the claim is worth.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    marty1888 wrote: »
    Based on the above new requirements it would seem that this is simply a scare tactic to get me to pay now so they can make some money out of it. I will happily see them in Court if required but that process may now well cost them a lot more than the claim is worth.

    Did you ever see Crocodile Dundee about a knife ?
    You can now be Crocodile Dundee

    https://www.youtube.com/watch?v=POJtaO2xB_o
  • marty1888
    marty1888 Posts: 469 Forumite
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    beamerguy wrote: »
    Did you ever see Crocodile Dundee about a knife ?
    You can now be Crocodile Dundee

    https://www.youtube.com/watch?v=POJtaO2xB_o


    Funnily enough I watched it on Film4 a few nights ago. :D
  • marty1888
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    So I have received a letter from the County Court Business Centre in Northampton dated 12/01/2018 advising me that this is now going to court.

    What's the best way to proceed from here?

    I fully intend to defend the claim.

    I have a letter from the location manager stating that I am entitled to park in my space and have done so without hindrance for nearly 10 years, I have photos of the vehicle on the day with a valid parking permit on display and I also have correspondence between myself and the parking ticket issuer appealing and their response where no POPLA solution was offered.

    Is this all valid?
  • Umkomaas
    Umkomaas Posts: 41,350 Forumite
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    All you need to know/do is provided in the NEWBIES FAQ sticky, post #2, which takes through all the stages from the receipt of the LBC to the actual hearing. Read it thoroughly and keep it bookmarked as you will need to reference it quite often over the next few months.

    If you read it well, you will be ready for each new piece of the action as it progresses, each ‘piece’ you will need to deal with in very timely fashion, as per a dictated timetable.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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