final reminder before court action

[mo westies]

Re: final reminder before court action

thank you so much

[danhouse1971]

Re: final reminder before court action

thank you so much

let us know how you get on mo westies, seems to be a lot of these letters sent out and be good to understand what ends up working best, so maybe some kind of sticky can be put to the forum for all others to follow moving forward if one doesnt already exist? (you guys must be copying and pasting advice like mad!) (ps i have my own thread on the go :tinysmile_aha_t: )

[Ash25]

Re: final reminder before court action

See below

[Ash25]

Re: final reminder before court action

Re: final reminder before court action
Mine is similar situation.
We over stayed at a coop car park for 18 minutes back February 2014. The car park at the time had no notices or signs. We Ignored all letters demanding excessive amounts of money.
I received a letter on 19 September 2014 (dated 15 September) stating 'final reminder before court action'. This letter is more legally worded & contains a draft court claim form.
Debt enforcement (Baker Street london) have given me until today to pay £130 (reduced from £170) or they will submit the claim to Northampton county court on 24 September 2014.
Where do I stand on this. From what I have read it's the same thing happening to a lot of people. They seem serious about taking me to court.
What can I do? Please help.

[mystery1]

Re: final reminder before court action

Re: final reminder before court action
Mine is similar situation.
I over stayed at a coop car park for 18 minutes back February 2014. The car park at the time had no notices or signs. I Ignored all letters demanding excessive amounts of money.
I received a letter on 19 September 2014 (dated 15 September) stating 'final reminder before court action'. This letter is more legally worded & contains a draft court claim form.
Debt enforcement (Baker Street london) have given me until today to pay £130 (reduced from £170) or they will submit the claim to Northampton county court on 24 September 2014.
Where do I stand on this. From what I have read it's the same thing happening to a lot of people. They seem serious about taking me to court.
What can I do? Please help.

Post up the letter minus personal info.

M1

[Ash25]

Re: final reminder before court action

It's a 4 page letter. First 2 pages is the normal threatening stuff detailing the action they will be taking. The last 2 pages are the claim form that actually detail all the particulars of the case. I am aware that the law has changed & simply ignoring these letters is not an option. My case is different from the above as the incident occorred this year in February. They sent all the harassing letters & then they stopped after I ignored everything back in April/May this year. And now I have received this letter from them. I can perhaps add a PDF of the letter - what's the best way of posting the letter?Should I just pay up & save myself all this hassel?Have these people actually taken anybody to court recently & won?

[Kati]

Re: final reminder before court action

It's a 4 page letter. First 2 pages is the normal threatening stuff detailing the action they will be taking. The last 2 pages are the claim form that actually detail all the particulars of the case. I am aware that the law has changed & simply ignoring these letters is not an option. My case is different from the above as the incident occorred this year in February. They sent all the harassing letters & then they stopped after I ignored everything back in April/May this year. And now I have received this letter from them. I can perhaps add a PDF of the letter - what's the best way of posting the letter?Should I just pay up & save myself all this hassel?Have these people actually taken anybody to court recently & won?

You can add a pdf of the letter (all personal details removed) by clicking "go advanced" and adding as an attachment :tinysmile_grin_t:

Kx

[Ash25]

Re: final reminder before court action

Here is the PDF of the full letter (labelled PCN)

[mystery1]

Re: final reminder before court action

Here is the PDF of the full letter (labelled PCN)

Dear DEAL,

I received your letter headed xxxxx on xxxx the contents of which are noted. It would appear that this is a letter before action although it is not compliant with the pre action protocols.

I deny any debt to CEL or DEAL.

The pre action protocols dictate that in a letter before action the claimant should refer the defendant to the pre action protocol Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction.

The pre action protocols also dictate that in a letter before action the claimant should set out the details of the matter in writing and a clear summary of the facts on which the claim is based.

The claimant should also list the essential documents on which the claimant intends to rely and i would like copies of these please, set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this and refer the defendant to the Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction.

If financial loss is claimed, an explanation of how the amount has been calculated.

Please take this response as an acknowledgement of your LBA to which a full response will be provided within 14 days of rectification of the flaws in your letter. I am taking advice from persons with experience in these matters however that advice is limited until compliance with the above faults is achieved. I would however refer you to Civil Enforcement Limited v Kerry McCafferty. (21/02/2014 Luton County Court) in the mean time.

Yours etc


Have a read http://www.justice.gov.uk/courts/pro...action_conduct and adapt that to suit your circumstances.

M1

[Ash25]

Re: final reminder before court action

Thanks for the detailed response M1.
I have already started to look into the Practice Direction protocol and as you have pointed out in the letter above there are major flaws in DEALS communication to me which does not comply with the PD.

My only query now is do I forward this letter to DEAL using the Baker Street address or do I also send the letter to CEL, who have a Liverpool address.

I have also read in another forum that only CEL can initiate court proceedings. If the debt has been passed on to another company (which in this case is DEAL) then they cannot open proceedings.

Many thanks again for your guidance and help!

[mystery1]

Re: final reminder before court action

Send it to DEAL as it's them that wrote to you.

They can take you to court although technically there is an argument that they may not be entitled to do so but that'd be for a court to decide.

M1

[Ash25]

Re: final reminder before court action

Just got the court papers today.
Consists of the claim form asking for around £250.
I have two options. Either pay or contest & go to court.

[mystery1]

Re: final reminder before court action

Just got the court papers today.
Consists of the claim form asking for around £250.
I have two options. Either pay or contest & go to court.

They don't usually turn up if you defend resulting in a win for you. I would never pay £250. If you want to pay ask them what they'll accept. I'll sort a defence if you post up all that you can.

M1

[Ash25]

Re: final reminder before court action

Not quite sure what to do M1 They have specified Barnet civil & family court which is a fair bit for me to travel. The solicitors details have not been disclosed, just a signature. Have got 14 days to respond. If I contest I have to pay a court fee when I submit my defence!

[Amethyst]

Re: final reminder before court action

Could you post a photo or scan of the claim form please. ( remove your details from it first though) as it doesn't sound like this is the claim form from the court - maybe a copy of the POC they are submitting to the court? or is it exactly the same as http://www.legalbeagles.info/forums/...1&d=1411488859 one ?

mainly because

If I contest I have to pay a court fee when I submit my defence!

is b*llhooks