final reminder before court action

[mo westies]

I have received the above notification dated 10.09.14 appertaining to a supposed overstay of parking at the co-op Queens Road, car park on 03.02.2007
I was not at that car park on that day, I received a letter shortly after that date to say I had overstayed by 32 mins, I responded immediately, and after a while I heard no more, until this correspondence arrived last Saturday

This reminder says the enforcers are going to submit this to Northampton County Court on the 21.09.14

Advice and help please

Thank you

[mo westies]

thank you for the welcome

hope you can help with my posting

[Kati]

Re: thank you for the welcome

Hi [MENTION=52759]mo westies[/MENTION] welcome to LB!!

I'm sure one of our knowledgeable Beagles will be along to help out on your other thread (http://www.legalbeagles.info/forums/...e-court-action) soon.

Kati x

[MIKE770]

Re: thank you for the welcome

collate both threads into one????

[Nibbler]

Re: final reminder before court action

Sounds a like these people?

Here --> http://www.legalbeagles.info/forums/...on-Ltd-dispute

or is that just a coincidence?

[MIKE770]

Re: final reminder before court action

looks like it

[Kati]

Re: final reminder before court action

Sounds a like these people?

Here --> http://www.legalbeagles.info/forums/...on-Ltd-dispute

or is that just a coincidence?

I thought that too [MENTION=5354]mystery1[/MENTION]'s post on that thread might work here too then:

Dear Sirs,

I do not acknowledge any debt to your company or CEL limited. I note the date of the alleged incident and note that in any event had their have been a debt, which i deny entirely, it would now have prescribed in Scots law. I further note your threat to lodge a claim in Northampton County Court and would advise that this is in no way appropriate for a person who resides in Scotland. Your attention is drawn to the CIVIL JURISDICTION & JUDGMENTS ACT 1982.

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

adapting as necessary of course :tinysmile_twink_t2:

[MIKE770]

Re: final reminder before court action

It worked before !

[des8]

Re: final reminder before court action

Is the op in Scotland? The store appears not to be.
If neither are in Scotland it would be more appropriate just to write and tell them it's both disputed and statute barred or ignore everything bar court papers.

[mo westies]

Re: final reminder before court action

yes this is the car park at the co-op in Queens street Richmond, North Yorkshire

[Kati]

Re: final reminder before court action

yes this is the car park at the co-op in Queens street Richmond, North Yorkshire

[MENTION=52759]mo westies[/MENTION] .... adapt M1's letter from my quote in post #7

[des8]

Re: final reminder before court action

Or follow Mystery's earlier advice................ take your pick!

13th September 2014, 22:41:PM

#5

mystery1
VIP Member

Re: Debt enforcement and Action Ltd dispute

It's Statute barred then. Either write to them and tell them it's both disputed and statute barred or ignore everything bar court papers.

[mystery1]

Re: final reminder before court action

I have received the above notification dated 10.09.14 appertaining to a supposed overstay of parking at the co-op Queens Road, car park on 03.02.2007
I was not at that car park on that day, I received a letter shortly after that date to say I had overstayed by 32 mins, I responded immediately, and after a while I heard no more, until this correspondence arrived last Saturday

This reminder says the enforcers are going to submit this to Northampton County Court on the 21.09.14

Advice and help please

Thank you

Dear moron,

It appears you are chasing a debt, a debt which is denied, owing to a private parking company from 03.02.2007. I would draw your attention to the limitation act 1980 and note that when i was at school 2007 - 2014 was 7 years. As such any potential cause of action is more than te time after which any debt or action would be statute barred.

The debt is denied and in any event is statute barred.

I ask that you do not contact me again nor try to gain money from myself when you ave no right to it. I consider this harassment and i draw your attention to 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


M1

[mo westies]

Re: final reminder before court action

yes this is the place

[Kati]

Re: final reminder before court action

yes this is the place

Send a letter, adapted from M1's template,

Dear moron,

It appears you are chasing a debt, a debt which is denied, owing to a private parking company from 03.02.2007. I would draw your attention to the limitation act 1980 and note that when i was at school 2007 - 2014 was 7 years. As such any potential cause of action is more than te time after which any debt or action would be statute barred.

The debt is denied and in any event is statute barred.

I ask that you do not contact me again nor try to gain money from myself when you ave no right to it. I consider this harassment and i draw your attention to 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

:tinysmile_twink_t2: