Emmared-v-LDK-Security-and-Roxburghe

[emmared]

I too got a parking ticket in Nov 2011 at the hospital

 

I bought a ticket put it on my dash went to my appointment

came back and saw I had a ticket on door,

looked at dash and my icket had flipped over when Id shut the door but you could tell it was a ticket!!!

 

I appealed and received 2 letters on different coloured letterhead saying my appeal was unsuccesful.

 

Then I got a letter demanding payment from LDK then had 2 letters from Roxburgh and also 3 phone calls,

1st phone call the man said they would proove I didnt buy a ticket I said well funny that when I have my ticket here he ended up putting phone down on me.

 

Had a call today from Roxburgh saying I need to pay or they will send bailiffs to take my car I said no again they can take me to court.

 

Then now have a letter from solicitors mentioned above saying the same as their letter about costs etc.

 

Hubby is saying to pay but why should I when I have ticket.

 

Their letter also says dont believe what you read on forums as it isnt true....

 

HELP someone what do I do????

[emmared]

Iam being hounded by roxbugh debt collectors at moment they have sent 2 letters and phoned me 3 times the 1st time the man was very rude & told me they could proove I did not have a ticket...I have a ticket h ended up putting phone down on me, then man just rang this afternoon saying if I dont pay my car can be seized!!!

Hubby is getting worried but said Im not paying.

Then got off phone to a letter from a solicitors now!

What shall I do????

[Jamberson]

Their letter also says dont believe what you read on forums as it isnt true....

 

Would you expect a letter from the police to say that? Or from the council? Or from a court? Or from a solicitor?

 

They're cowboys - remarks like that prove it.

[honeybee13]

Hello and welcome to CAG.

 

This sounds like the normal trail of threatograms from a private parking company to me. If you search the forum for Roxburghe you will find plenty about them and I have a feeling none of it's good . [As in ignore them.] Are the solicitors Graham White by any chance? We don't believe them either.

 

My best, HB

[SURFBOY]

IGNORE letters, record phone conversations, then report them to trading standards and the oft.

Or you could have some fun on the phone with them, you could tell them to hold the line while you go to fetch the person they ask for then leave the phone on the side till they get bored. Remember the phone calls are costing them not you. Or you could simply tell them to Fxxx OFF every time they call. They will soon get the message.

[emmared]

Yeah it is graham White, Im sick of them phoning me now its doing my head in. Why oh why did I put my phone number on my appeal!!!

[emmared]

I like that its funny its always a different mobile number when they ring. will try that next time thank you.

[ManxRed]

Did you record that phone call?

 

They really told you that?????

 

Regardless of whether you did or not, make a formal complaint to the CSA about Roxburghe's telling you that they will send bailiffs

if you refuse to pay an alleged debt which they know to be in dispute.

 

Naughty naughty.

 

By the way, they actually send the letters from Graham White as well,

pretending that they are solicitors when in actual fact they aren't.

 

Graham White have a large folder at the Solicitors Regulation Authority

where they are under investigation for sending out thousands of hollow threats of court action which they never follow through with.

 

Unsurprising really, they'd lose. Badly.

[ManxRed]

If you want them to go away, say this to them when they next call. "The debt is denied. Under CSA rules you must now refer the matter back to your client. Any further calls to myself will be regarded as harassment, and will result in a formal complaint to the CSA." Do not enter into a conversation with them. End the call. They HAVE to give up at this point. If they don't then they are on very shaky ground. By the way, in order to send a bailiff they need a court warrant. They cannot get a court warrant without taking you to court, you lose, and then you still don't pay up. None of this will happen of course.

[DBC]

You can also tell them that the "debt" is denied and should be passed back to the parking company. You then tell them that any further phone-calls will be regarded as harassment and reported to Trading Standards and the OFT. That procedure is specified in the Consumer Credit Act.

[ManxRed]

Oh, and if you CAN record the calls then do. Feel free to chuck into the above dialogue that you have recorded the call. You DON'T need their permission upfront to do this.

[emmared]

thank you for all the advice hopefully hubby will chill out now

[emmared]

I will write this down and put it somewhere handy for my next phone call thank you

[letshelp]

Iam being hounded by roxbugh debt collectors at moment they have sent 2 letters and phoned me 3 times the 1st time the man was very rude & told me they could proove I did not have a ticket...I have a ticket h ended up putting phone down on me, then man just rang this afternoon saying if I dont pay my car can be seized!!!

Hubby is getting worried but said Im not paying.

Then got off phone to a letter from a solicitors now!

What shall I do????

Typical telephone tough guys, I bet they wouldn't talk in the same way to your husband face to face, They're not bullies they are cowards.

Have a laugh with them waste their time and money, if that fails a loud football type whistle usually has the required effect.

regards

[honeybee13]

Two sets of posts merged and a new thread created.

 

Emmared, please continue to post here about your LDK issues.

 

HB

[1*Katherine*1]

If you want them to go away, say this to them when they next call. "The debt is denied. Under CSA rules you must now refer the matter back to your client. Any further calls to myself will be regarded as harassment, and will result in a formal complaint to the CSA." Do not enter into a conversation with them. End the call. They HAVE to give up at this point. If they don't then they are on very shaky ground. By the way, in order to send a bailiff they need a court warrant. They cannot get a court warrant without taking you to court, you lose, and then you still don't pay up. None of this will happen of course.

Hi, sorry if this sounds a silly question but who do you mean when you refer to 'CSA rules'? Many thanks

[BASFORDLAD2]

They will give up soon enough. Those threat monkeys on minimum wage don't know what they are talking about.

 

If they has threatened to take my car I would have said that's fine. Give me a date and time and ill have the kettle on:)

[BASFORDLAD2]

Oh and they are not real solicitors just some idiot using different headed paper.

[ManxRed]

Hi, sorry if this sounds a silly question but who do you mean when you refer to 'CSA rules'? Many thanks

 

Credit Services Agency Code of Practice. Section 4 (j). By implying that they are going to sieze your car, they imply that they will obtain a court warrant, which requires legal action on their part, which clearly they aren't going to carry out (the 'civil proceedings mentioned in that section), they do not have the authority to bring civil action as its not their debt. Only the original debtor or a solicitor acting on their behalf can begin civil proceedings against you for this. http://www.csa-uk.com/media/editor/file/Code%20of%20Practice%202009.pdf

[emmared]

What a shame Ive just missed a call from the debt collectors again!

[HYMN AND MI]

I would refuse to accept the calls from now on. If you do record any more, you should have a witness present who may verify that the conversation took place as this would make it stand up in a court of law. These guys are cowboys. Try to ignore from now on. If you are inclined to go down the harassment route, then you must do it by reporting them to Police, Trading Standards, Solicitors body who deals with this etc.

Edited March 7, 2012 by HYMN AND MI

[emmared]

I have now had FINAL WARNING from Graham White solicitors

saying their clients are now offering me a final opportunity to arrange settlement of the amount due...

.or provide them with the info as to who was driving the car at the time.

..Ive already told them it was me!!!

 

If I dont pay them in 14 days they are going to apply for an application to the court under Civil Precedural Rules 31.16

 

- Disclosure before proceedings start.

 

then a load of stuff about rule 31.16!!!!

[HYMN AND MI]

You are under no obligation whatsoever to reveal the identity of the car driver. You say you have...sounds as if they have forgotten. Do not reveal it in writng. Do not reveal it at all!

[DBC]

They forget to add that "Civil Precedural Rules 31.16" do not apply to the small claims court.

[Michael Browne]

Except Part 31 does not apply to small claims court:

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#IDAQ22HC

 

but then Graham White being solicitors wouldn't know that, would they?