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DR+, then Zenith, now TLT solicitor letter?- Scotland


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Have received 4 letters from DR+,

 

last letter was the debt had been passed on to Zenith Recovery

offering 'reduced payment of £80'.

 

Just received a letter from TLT Solicitors-

'Should our client not receive full payment from you within 14 days

we will recommend that they issue proceeding against you

and obtain a Sheriff Court Decree which will incur further costs.' etc.

 

How should I proceed from here?

What does this mean?

Is this just like the DR+ letters and is just trying to scare me?

 

Interestingly this letter is telling me to pay DR+,

but I just got a letter saying I was now to pay Zenith previous to this TLT letter.

 

Cheers for any help!

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no such thing as speculative invoices anywhere

esp in Scotland

 

totally ignore

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Don't worry yourself too much Zenith is a trading title of Debt Recovery Plus. Its not uncommon to find the same signature - pen squiggle - on letters from DR+ and Zenith but showing different names.

 

Don't be too phased by the threat to obtain a decree. Firstly, no private parking company yet has displayed the cajones to take their case to court north of the border and based on previous experience despite the involvement of TLT the chances of one doing so are somewhere between slim and zero. Secondly, the process of "obtaining a degree" is not quite the simple rubber stamping that the letter implies - there would have to be a hearing if you defended the matter. Thirdly, this all assumes that the PPC could show that the case had arisen in the jurisdiction (you haven't made it clear whether the "parking event" occurred north or south of the border).

 

Remember that debt collectors only ever make money if they persuade you to pay up so their letters are always couched in strident, aggressive tones - and that includes those that come from solicitors. DCA's often work together (each sending letters, one after the other) in an effort to increase the pressure on the recipients but at the end of the day all that they can actually do is to ask you to pay - even if it looks like they are threatening you with all manner of gloom and doom.

 

HTH

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The alleged event did occur in Scotland. Cheers very much- I thought as much but the legal sounding letter had me a bit nervous- so I suppose it did what they wanted! Any idea if there is a pattern to these letters- are they likely to eventually give in and stop wasting paper?

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I agree fully with Old Snowy on this one, for years I have tried to get a number of these companies into a Scottish Court without success, at one stage DR+ wrongly implied on their website that they had succeeded in Scottish courts. This information was removed and it now states that we may recommend that our client apply for Decree. (To date this has never happened) You do of course know that you are under no obligation to name the driver in Scotland, therefore any correspondence should include the following statement.

The registered keeper/owner of a vehicle is under no obligation to provide details of the driver or any other information to a commercial company of no legal status whatsoever. (Scottish Juridiction)

Transferral to a debt collection agency and the threat of additional charges is also in my opinion questionable for the following reasons taken from the Office of Fair Trading Debt Collection Guidance.

 

2.6 Paragraph H.

Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for money.

 

2.8 Paragraph A

Sending demands for payment to an individual when it is uncertain that they are the debtor in question.

2.8 Paragraph J

Requiring an individual to supply information to prove they are not the debtor in question.

2.10 Paragraph B

Misleading debtors into believing that they are legally liable to pay collection charges when this is not the case, for example, when there is no contractual provision. .

 

Don't give in to begging letters

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Who do TLT say they are representing, DRP/Zenith or the original issuer?

 

The letter reads 'Creditor: UK Parking Control Ltd' and also says 'We act for Debt Recovery Plus Ltd., the debt recovery agents for the above creditor, instructed to recover the under noted parking charge(s).'

 

On the 25/11/13 Zenith wrote saying 'As of the date of this letter all communication and payments in respect of any amounts outstanding regarding to this charge should be made to ourselves.' Even if I did want to pay the 'charge', I don't know who I would be expected to pay!

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In Scotland, there is no such thing as trespass and any contractual matter raised by parking would be with the driver of the vehicle and since they have not indicated what evidence of a contract they have then they cannot pursue you as Registered Keeper for anything. Best just ignore them as the letters are just untrue waffle.

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