Debt Enforcement & Action - Final reminder before court action

[Leighjoanne]

Hi Everyone,

I've read through a lot of the posts on here relating to the same issue but not sure on what to do next!

I've a final reminder before court action letter today from Debt Enforcement & Action Limited and attached to the letter is a claim form to the court stating I have breached my contract with CEL. The original PCN was issued by CEL on 25/03/2011 for parking in a Co-Op car park without a ticket but as I wasn't the driver of the car at the time (and do not recall who it was) I wasn't willing to pay the PCN and I certainly didn't enter into any contract with them.

Following the advice on these forums I ignored excessive amount of letters from CEL and the also the letters advising that part of my debt had transferred to Debt recovery company.

Could someone please advise what I should do next as this is all very stressful and I feel harnessed by this company but am not willing to give in to bullying tactics.

I've attached a photo of some of the text from the letter I received today.

Thanks

[des8]

Re: Debt Enforcement & Action - Final reminder before court action

Hi and Welcome.
So the DCA are working as normal and trying to scare you into payment.
I assume you have not yet received a letter headed "Letter before Action" or some such wording.
The DCA have not actually "acquired a debt". As of now you do not owe CEL anything. They sent you a speculative invoice which you ignored.
Pity you didn't go through the appeals process and have it squashed at PoPLA, but there you go. (whoops.... too early for PoPLA)
DEAL are issuing a lot of these papers following a falling out between COOP and CEL.
There is a lot of advice available about dealing with CEL's court papers. CEL rarely turn up at court, relying on scare tactics to get their money.
Read up on Pepipoo, and if you get proper court papers come back for further advice.
Otherwise continue to ignore.
OR you could write:
Dear Sirs,

I do not acknowledge any debt to your company or CEL limited. I note the date of the alleged incident & I further note your threat to lodge a claim in Northampton County Court

Further to the above, i will consider any further threats as harassment. See Roberts v Bank of Scotland Plc (Rev 1) [2013] EWCA Civ 882 (11 June 2013) and in particular see

Para 37 The existence of a debt, however, does not give the creditor the right to bombard the debtor with endless and repeated telephone calls. The debtor is fully entitled to say that he or she does not wish to talk to the creditor. In those circumstances, the creditor is thrown back upon his formal legal remedies. That is what the courts are there to provide. They are there to ensure that creditors do not resort to the remedy of self help.

Once again there is no debt so please refrain from harassing me.

Yours etc

(acknowledgements to M)

[mystery1]

Re: Debt Enforcement & Action - Final reminder before court action

Also contact the Co-op and express your feelings to them about how they treat their customers CEO steve.murrells@co-operative.coop

If you were not the driver say so (but not who was driving)

M1

[des8]

Re: Debt Enforcement & Action - Final reminder before court action

Overnight realized perhaps the position needed more clear explanation.
Before the implementation of Protection of Freedom Act 2012, private parking companies could only proceed against the driver of the vehicle.
Your parking events fall into that category.
That is the reason for M's final admonition not to advise them of the driver if it was not you, and there is no law requiring you to name the driver.

[notagain2000]

Re: Debt Enforcement & Action - Final reminder before court action

I had exactly the same letter and mine was from August 2012, I will ignore it and see what happens

[mystery1]

Re: Debt Enforcement & Action - Final reminder before court action

Always complain to steve.murrells@co-operative.coop

Also if before 1/10/12 then never ever tell them who was driving. After 1/10/12 Protection of freedoms act 2012 schedule 4 applies and the keeper can be held liable.

M1

[Leighjoanne]

Re: Debt Enforcement & Action - Final reminder before court action

Thanks everyone for the advice and feel better I'm not the only one in this position.

I'll be complaining to the co-op as and will also send a letter as mentioned above. So let us see what happens next....

It all seems like desperate measures by a failing company who want to scam money out of people and can only do this through threats.