Deal - Delbrook - Paid

[delbook]

Hello,
I have received the same letter today with the same FINAL NOTICE BEFORE COURT ACTION with a date of 24/9/2014 at Nottingham court. I have ignored previous letters from CPL and DE&A but am more concerned by this one. Should I just ignore it as per usual or is there any grounds on which they could actually take me to court? By the way, my wife who overstayed her welcome i said carpark spoke to the manager of the COOP store, where the incident occurred, and he said to ignore it...
Thanks for any help in advance.

[Kati]

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)

Hi [MENTION=52891]delbook[/MENTION] - I think des8's post gives you the best advice here :tinysmile_twink_t2:

Kati x

[delbook]

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

Thanks Kati :tinysmile_grin_t:
I will try the letter approach and let you know the outcome... Someone has mentioned that any debt in relation to parking fines are issued on the driver of the car and not the vehicle. As I was not driving my car at the time I presume any penalty owed is not collectable from myself?

[Kati]

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

All the advice I have read says that it is the driver who is liable for a fine ... you, as registered keeper, have no need to actually name the driver :tinysmile_twink_t2:

[delbook]

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

Brilliant!:tinysmile_twink_t2:
I now look forward to having a glass of wine and writing a stern letter to CPL this evening ....... not that they will be able to understand its content!!!
thank you!

[delbook]

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

hello,
I too had the threatening letter before court action and ignored it. I now have a Northampton claim form for £215 to be paid to Debt Enforcement and Action Ltd. Now very worried and assuming I have to pay to avoid CCJ?
Any help would be greatly appreciated.
delbook

[mystery1]

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

hello,
I too had the threatening letter before court action and ignored it. I now have a Northampton claim form for £215 to be paid to Debt Enforcement and Action Ltd. Now very worried and assuming I have to pay to avoid CCJ?
Any help would be greatly appreciated.
delbook

Do you have a claim or a judgement ?

M1

[delbook]

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

its a claim form with a date of service of 25th November

[delbook]

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

N1 Claim form;

Details of the claim say ' The claim is for contractual fees alternatively damages for breach of contract arising from the non-payment of the fees alternatively damages for trespass'

The value states '£215 plus interest pursuant to section 69 of the country courts act 1984 on the amount found to be due to the claimant at such rate and for such period as the court thinks fit'

[mystery1]

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

Did it come from the court or them ?

M1

[delbook]

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

It came from the court. Post mark is from CCMCC Salford

[mystery1]

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

Ok dokey. Post it up without you name address etc.

M1

[delbook]

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

Ok. Thanks, will take a minute to get the scan....

[delbook]

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

Hi here you are;

[delbook]

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

and heres the second page, thanks.