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National Clamps - Letter of Intent


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Hello.

In June 2007 I parked in a disabled bay withouth displaying a disabled badge properly.

National Clamps attached a ticket to my car which, through the WONDERFUL people at this site, I have since come to learn is a [problem], not legally enforceable and I shall battle to the death.

It said the usual about paying £40 within 30 days otherwise it goes up to £80. I ignored it.

10 days later I got an invoice saying they were writing to me as the registered keeper of the car and I owe them £40.

I fully understand the difference between Registered Keeper and Driver at the time of incident so wrote back saying 'you have no right to contact me as the registered keeper, please stop writing...etc' but lo and behold 20 days later I got another 'invoice' for the full £80 and they warned me legal action would follow.

I wrote another letter stating the same, please leave me alone as I am not liable, etc.

NOW I've had a letter of intent saying this debt has been sold to a Debt Collection Agency who will visit me at my home in due course.

It's unbelievable.

I am going to write to them again, but what can I say regarding harassment and that I am NOT going to take this lightly?

All help gratefully received.

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You wait until the debt collection agency contacts you and tell them that the matter is in dispute between yourself and National Clamps, and please do not contact you further on the subject. The DCA can then not lawfully pursue the matter whilst the dispute exists and must pass it back to National Clamps. Should the DCA continue to pursue you then they are in breach of the OFT guidelines on debt collection which could jeopardise their licence, and may also be in breach of the Protection from Harassment Act.

 

Suggest that you state something along the lines of:-

 

I do not acknowledge any debt to your company, nor will I enter into any further correspondence on this subject. This case is in dispute with your client and I will treat any pursuance on your part as a breach of the Office of Fair Trading guidelines on debt collection, and also an offence under the Protection from Harassment Act 1997. Accordingly, I will not hesitate to raise the subject with the relevant agencies in the event that you should contact me further with regard to this matter.

 

National Clamps will almost certainly be in touch with you again, but hold your ground and suggest that they take you to court - they won't!

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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