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    • So I am now in receipt of a second Letter of Claim this time from DCBL although their letter head now says " DCBLegal"  😱 Now I'm guessing one response to a letter of claim is sufficient and I could ignore this but having been inspired by other snotty letters I wanted to have another bash at one. How does this sound? Dear Lackeys of Company with Unconscionable Morals, Thank you ever so much for gracing me with yet another Letter Before Claim on behalf of Excel Parking Services. How many of these delightful missives do you plan on sending before you muster the courage to follow through on your threats to take me to court? Just so we're clear, here is the response (in italics by that I mean the slanted text below) I previously sent to Excel’s Letter Before Claim, in case your attention to detail is as lacking as I suspect: I am currently 2-0 up in terms of Small Claims Court proceedings and I look forward to the opportunity to claim a hat trick, this case being more straightforward than my previous two. I will be asking the court for an unreasonable costs order under CPR 27.14(2)(g) due to your conduct over this absurd claim. Despite my best efforts, you continue to assert that I have breached your terms. However, I cannot breach terms that I was not present to accept. Have you even read my initial response? I suggest you review it thoroughly and save yourself some money. Additionally, please refer to section 13 of the IPC Code of Practice, 2023 edition. I eagerly await your deafening silence. Remarkably, I haven't heard a peep from Excel since my response; instead, they've passed the baton to you to perform this tiresome routine once more. Consider this my official notice that I am sending a cease and desist letter to Excel Parking Services. Their relentless hounding has crossed the line into clear harassment. Any further demands for payment from you, as Excel's lackeys, will be regarded as nothing more than shameless acts of intimidation and harassment. I now look forward to the deafening sound of your silence. Yours sincerely,
    • Personally I'd go to it and object for the sake of it. They have to attend anyway so I can't see you being liable for any costs or anything (if they try to ask for attendance costs, just say that firstly it is their application, secondly it is from their own making, thirdly that they would have to come anyway so you shouldn't need to bear their costs.   When you turn up you should object on the basis that the witness has been in office since the time of the order, and could have done their witnes statement in advance of their AL. Their poor planning is not your fault, 7 days is too rushed for you as a LIP and there is no good reason that a company can't organise itself to sort WX in time. Also they say finalise so they already have something, its not like thye have nothing. Their amendments cannot be so important if they are being added so late.   see what @AndyOrch says but that's my thoughts  
    • Yes, in the main your understanding of my case is right. Linked below to the post with the final WS sent to the court and to Evri.   
    • Hello, welcome to CAG. As you say, appealing this ticket doesn't help as these people hardly ever accept appeals. They don't care how difficult someone's life is, they just want the money. The forum guys should be along later with thoughts for you on how to deal with this. Best, HB
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Crown Litagation Services - AOL - Advantis Credit


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Im not having a good day, (see other thread 1st credit)

 

I have also received today letter from Crown Litigation Service acting for Advantis Credit for an old AOL debt from 07. They state that I owe £700 ??? - £880 after costs... the letter is asking me to pay within 10 days or they will issue proceedings.. If I dispute liability I must contact them in writing, supplying documents in my defence, and they have the right to produce the letter in court.

 

Is this agreement covered by a CCA

 

Thanks

NWJxx

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What is the nature of the AOL debt and is it regulated under the CCA 1974 ?

 

By the way - your link to your other thread doesn't work but I'm presuming it's this one ?

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/120308-received-statutory-demand-1st.html

Edited by supasnooper
link

 

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AOL? Jeez, that's a lot of on-line time!

 

Think you need to adapt the 'prove it' letter - it's up to them to prove you owe the debt, not for you to prove you don't. And if you mark your letter 'without prejudice' they have no right to reproduce it in court. They are, basically, telling lies to intimidate you and should be reported to the OFT.

 

This one courtesy of Curleyben - adapt to suit:

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

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Donkeyb

 

The debt has gone up from £500 this is the first amount they asked for and now its gone up to 700 quid... It was for an internet/phone package.. when my husband lost his job we fell into arrears and they terminated the agreement, still dont know how they came up with the original figure... seemed to just pick it out of the air...also noticed that the debt is under MR with my christian name..

 

NWJ x

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Try the 'prove it' letter and see what response you get. If they don't come up with statements or a list of charges (some of which may well be bogus) as well, then they're going to struggle to get anything from you.

 

Incidentally, DCAs are not allowed to add their collection costs to your alleged debt, so they're already trying it on!

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Sorry BB, you're right: I meant what they can't do is add their own costs - and most of them try with 'collection fees', 'referral fees', 'admin charges' etc.

 

I've yet to see any original CCA that has any significant reference to anything other than interest charges. Some DCAs even try to foist their own T&Cs on people (HFO, eg), even though they're bound by the original T&Cs (a) if they have the agreement, and (b) if it's properly assigned.

 

Gawd, I hate these people...

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moorcroft are one of the worst allegedly ;) They more than double the amount often...

 

Moorcroft added their own £300 admin charge to the egg card i had but since they can't find my agreement and i'm not paying them anything

 

moorcroft are stuffed :D

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Good God!

 

That is a bit of an iffy name;

Crown Litigation Services...conjures up images of the Crown Prosecution Services...

 

Crown Litigation Services is a Trading Name of;

Wescot Credit Services;

Wescot have several trading names.

 

eyes roll

 

AC

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Treat consumers fairly.

 

If a general/regular consumer was to recieve a communication from;

Crown Litigation Services, they would be under the impression that this must be from a government body authority.

 

Devious, covert, unfair business practice...

 

AC

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