Taking a DCA to court

[bankbandit]

Hi,

I am being harassed by a DCA for disputed parking notice debt (PPC), I have repeatedly told them this, sent cease and desist, harassment etc but their argument is if the parking firm don't say so it's not disputed, thus they can chase it, all fair and square etc.

What are my legal grounds for court action. I am issuing a letter before action. I have looked on here but cannot find the link. Any help appreciated.

[kiptower]

dont waste your time

 

with all PPC's or their DCA's

 

1 ignore

2 ignore

3 goto1

[letshelp]

Agree with Kip, do to them what they have done to you, IGNORE everything they send.

regards

[bankbandit]

Thanks but I'm sick of getting chasing letters and want to stop them in their tracks, the more people who file the more seriously they'll take it. I know I can file and ask the court to award what it sees fit, can this be done through small claims? I know the £5,000 limitation but filing will be for damages and harassment thus no fixed amount.

[letshelp]

I have to say to you it's all been tried before, having said that it is your time and money you are spending so who are we to put you off.

There would be no instant, 'stop them in their tracks' solution that I have seen.

Would have to say, if you want to really hurt them then just ignore them, trust me, they hate it when people do that.

regards

[diskmandave]

As this is a debt collection agency, would it not be

more prudent to pursue them via the FOS at no financial

risk to the complainant as the complainant seems intent

on following this through?

 

Ask them for a copy of their formal dispute resolution procedure.

Edited December 15, 2009 by diskmandave
Sorry!! I did actually mean FOS not FSA !!!

[bankbandit]

I've tried the ignore, now it's doorstep visits, and when I come out from behind the sofa it'll be passed to another dca -repeat again. If I have a link to the court action I can assess whether I waste my money or not, but on reasoned legal argument. I will try any free enforcement action first though, eg FOS, Trading Standards etc.

[diskmandave]

I apologise, I'm doing a million things at once...

I did actually mean the FOS, not the FSA as previously stated!!

[kiptower]

they will say lots of thing inc stealing your doorstep , because they use words such as - we may - we might - it could lead to, and similar it is just a comment what could be done

 

dont waste your time and effort

 

the more you contact them back they more they think you are hooked and will give into them

[pin1onu]

I've tried the ignore, now it's doorstep visits, and when I come out from behind the sofa it'll be passed to another dca -repeat again. If I have a link to the court action I can assess whether I waste my money or not, but on reasoned legal argument. I will try any free enforcement action first though, eg FOS, Trading Standards etc.

Have you checked out the DCA on the CSA website. If they are a member of the CSA then you can make a formal complaint to the CSA.

[Al27]

In theory you could take the original parking company to court for damages. See Ferguson v British Gas.

 

You'd have to engage with them though.

 

Easier to ignore, unless you really fancied trying to get a couple of hundred quid out of them for distress. Perfectly feasable, but you'd have to know what you were doing.

[letshelp]

Still think ignore is the best way to go.

regards