Debt Recovery Company harassing me

[vxr8mate]

A friend of mine recently borrowed my car for a few weeks and over stayed their welcome at Asda. As I am the 'keeper' I provided them with the driver's details (inside the time limit), but they have also instructed a debt recovery company who keep sending me payment requests.

Should I:

a. Ignore

b. Send DRC a polite letter informing them of my compliance

c. Start charging said DRC for my time reading their letters

[anonymous-user]

Only do c if you have a tinfoil hat and a supply of green ink.

[Mr Trophy]

D - take a st and send it in a parcel to their head office.

[Hol]

B. But send them at least two copies, one by registered post, the other by tracked courier.

Then keep a photocopy of B and the delivery receipts by your front door and in your glovebox.


I have not had problems with debt companies myself, but having the required 'proof' on hand, should they still come calling certainly cannot hurt.

Edited by Hol on Wednesday 8th October 12:58

[Cliftonite]

Is the RK not now responsible to pay these parking invoices regardless of who was driving?

It doesn't work like a Gatso nab, does it?

[anonymous-user]

Not quite. The keeper may be liable to pay a charge that the driver is liable to pay but doesn't pay, but only in certain circumstances, too tedious to relate here. See Schedule 4 to the Protection of Freedoms Act 2012 if interested.

[Monty Python]

Just to play devil's advocate, but what evidence do you have that you weren't driving? Has your "friend" supplied a signed statement to confirm this? Is there photographic evidence?

[anonymous-user]

The OP doesn't have to prove anything. The party alleging a liability must prove it.

[Monty Python]

Breadvan72 said:

The OP doesn't have to prove anything. The party alleging a liability must prove it.

Reading the original post it suggests to me he's already admitted it.

[kowalski655]

No,he admits he is the keeper and has given details of the driver,as required by POFA,he is off the hook now I believe

[Red Devil]

vxr8mate said:

A friend of mine recently borrowed my car for a few weeks and over stayed their welcome at Asda. As I am the 'keeper' I provided them with the driver's details (inside the time limit), but they have also instructed a debt recovery company who keep sending me payment requests.

Should I:

a. Ignore

b. Send DRC a polite letter informing them of my compliance

c. Start charging said DRC for my time reading their letters

a) No.
b) See below.
c) See below.

kowalski655 said:

No,he admits he is the keeper and has given details of the driver,as required by POFA,he is off the hook now I believe

Correct. See Section 5(1)(b). If this has been done within the relevant time frame in Section 9(2)(f) then the creditor is prohibited from pursuing the RK under Schedule 4.

Send a 'kindly cease and desist' letter to the DCA (preferably by SD not RD) informing it that the creditor has been provided with the driver's details and that the matter should now be passed back to the creditor. Request an acknowledgement that this has been done.

To pursue the RK a NtK must have been sent - see Section 6(1)(b) and Section 9. Send a similar letter to the creditor (who is named in the NtK - Asda or a PPC?) reminding it that details of the driver have been provided within the time frame specified in Section 9 and that therefore no further action can be against the OP. I would enclose a copy of the letter to the DCA so that the creditor can be in no doubt that it should be taking this matter back in-house and it would be in its interests to call off the dogs. Keep copies of both letters and the Post Office receipts. Use the tracking facility on the RM website to find out when the letters are signed for. Print out screen grabs and keep these with the other copies.

If either the DCA or the creditor then continues to pursue the OP he should remind them immediately that
a) such conduct could amount to harassment (as British Gas found out to it's considerable cost in Ferguson)
and
(b) he will be billing them for his time and costs in responding to any further communications.

It will be for the OP's friend to respond to whatever action the creditor chooses to take.