Debt Enforcement & Action Ltd - FINAL REMINDER BEFORE COURT ACTION

[mmmbeee]

Afternoon

Debt Enforcement & Action Ltd - FINAL REMINDER BEFORE COURT ACTION

We have received a notice from Debt Enforcement & Action Ltd relating to an alleged incident in a Co op car park in March 2011. They state (as per every other thread I have read) that they are drafting a particulars of claim which they hope to lodge at Northampton Crown Court on 24/9/14, along with a payment offer. They state that they have purchased the Debt from Civil Enforcement who were acting for the Co-operative Group.

It is the last in a long line of letters which we have put to the side and ignored (which seemed to be the advice at the time) but am now very concerned as this relates to my daughters car and we would rather her not have any bad history due to me being stubborn and refusing to pay a penalty for a non proven act.

In my trawl through the various forums it seem the advice is being given that nothing can actually be done by Debt Enforcement & Action Limited......is this true and if so, is it due to time elapsed or some other reason?

Obviously I have shot myself in the foot if I could have advised her to do something when this happened 3 years ago but would appreciate any advice as to how to proceed.

Many thanks - had posted this on another thread but seems I should have started my own

Thanks very much.

[mystery1]

Re: Debt Enforcement & Action Ltd - FINAL REMINDER BEFORE COURT ACTION

They can take court action but as keeper liability doesn't apply as it's 2011 and the fact the keeper wasn't the driver puts them in a very awkward position.

Can you post up a copy minus personal info please ?

M1

[mmmbeee]

Re: Debt Enforcement & Action Ltd - FINAL REMINDER BEFORE COURT ACTION

They can take court action but as keeper liability doesn't apply as it's 2011 and the fact the keeper wasn't the driver puts them in a very awkward position.

Can you post up a copy minus personal info please ?

M1

Morning. Thanks for your consideration. I have now attached the redacted correspondence. As the date they have given for lodging the papers is tomorrow I am now exceedingly concerned. Mmmbeee

[mystery1]

Re: Debt Enforcement & Action Ltd - FINAL REMINDER BEFORE COURT ACTION

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 and further deny being the driver of vehicle xxxxx on xxxx at xxxxx

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

[mmmbeee]

Re: Debt Enforcement & Action Ltd - FINAL REMINDER BEFORE COURT ACTION

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 and further deny being the driver of vehicle xxxxx on xxxx at xxxxx

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

Thank you so much for the draft letter. This must have taken an inordinate amount of time and I am very grateful.

[mystery1]

Re: Debt Enforcement & Action Ltd - FINAL REMINDER BEFORE COURT ACTION

Thank you so much for the draft letter. This must have taken an inordinate amount of time and I am very grateful.

It's a rehash of an old one so not to much time

M1

[notagain2000]

Re: Debt Enforcement & Action Ltd - FINAL REMINDER BEFORE COURT ACTION

As I have the same letter, just wondering how you can find out if they have filed a claim on the 24th or is it just a waiting game and how long do you think it takes to be notified?

[mystery1]

Re: Debt Enforcement & Action Ltd - FINAL REMINDER BEFORE COURT ACTION

As I have the same letter, just wondering how you can find out if they have filed a claim on the 24th or is it just a waiting game and how long do you think it takes to be notified?

You could try asking https://courttribunalfinder.service....s-centre-ccmcc although that's far from 100% certain.

The underlying company CEL do issue court papers on a pretty large scale, although they seldom turn up if a decent effort is made at a defence, but DEAL are a bit of an unknown quantity. The fact that some are statute barred tells me that they might not do court so readily and are chancing their arm which will no doubt be productive in enough cases to merit the costs involved in sending these out en masse.

M1

[notagain2000]

Re: Debt Enforcement & Action Ltd - FINAL REMINDER BEFORE COURT ACTION

As I've never acknowleged the letters do you think I should enquire at the court, unsure whether I want to give my details. I suppose also they could file any day so may be a fruitless task.

[des8]

Re: Debt Enforcement & Action Ltd - FINAL REMINDER BEFORE COURT ACTION

I wouldn't waste my time enquiring at courts.
If they have filed a claim you'll hear in due course, and there's nothing to do until the papers arrive:doggieyes:

[mystery1]

Re: Debt Enforcement & Action Ltd - FINAL REMINDER BEFORE COURT ACTION

The court wouldn't inform anyone of an enquiry but i agree that it may be a fruitless task. Only way to know 100% is if papers drop through the letterbox.

M1

[notagain2000]

Re: Debt Enforcement & Action Ltd - FINAL REMINDER BEFORE COURT ACTION

Thanks

[MHarg]

Re: Debt Enforcement & Action Ltd - FINAL REMINDER BEFORE COURT ACTION

Hello, I have received the same letter as Mmmbeee. My alleged parking offence occurred on the 19th of August 2013 in Northern Ireland. Until now I have ignored all previous correspondence. Due to the date and the location (N.Ireland) the alleged parking offence occurred what advice should I follow.

thanks

[des8]

Re: Debt Enforcement & Action Ltd - FINAL REMINDER BEFORE COURT ACTION

PoFA does not apply in Northern Ireland so if they can't prove who the driver was, they are stuffed!

M's letter in post 5 will do fine if you weren't the driver

[MHarg]

Re: Debt Enforcement & Action Ltd - FINAL REMINDER BEFORE COURT ACTION

PoFA does not apply in Northern Ireland so if they can't prove who the driver was, they are stuffed!

M's letter in post 5 will do fine if you weren't the driver

Great. Thanks for the quick reply