Dealing With Demands For Monies Not Owed

Yet again, the following is prompted by the activities of Wyldecrest Parks and

demands for monies they know from tribunal determinations not be due - However, the same advice applies to anyone who may find themselves in the same position.

THE ADVICE

A company demanding money it knows is not owed is engaging in unfair, misleading, and potentially illegal debt collection practices. Under UK law, such actions violate the Protection from Harassment Act 1997

Here is a breakdown of how to handle this situation, based on UK legal standards.

1. Immediate Actions to Take

• Do Not Pay:   Never make a payment, not even a small amount, to a debt you do not owe or that you dispute, as this can be interpreted as admitting liability.

  
  

• Request Proof in Writing: Send a formal letter (via recorded delivery) requesting proof of the debt, such as a signed contract or other agreement.

  
  

• Keep Detailed Records: Create a "creditor contact diary" documenting all calls, letters, or visits, including dates, times, and what was said and by whom.

  
  

• Stop the Harassment:  Write to the company stating that the debt is not owed and that any further contact constitutes harassment under the Protection from Harassment Act 1997. State how you wish to be contacted (e.g., in writing only). 

  
  

• What Constitutes Illegal Behaviour

  
  

Creditors and debt collectors are forbidden from: 

• Misrepresenting Legal Powers:  falsely threatening legal action (such as a County Court Judgement) Remember that Residential Park Homes disputes fall under the jurisdiction of the First Tier Property Tribunal. Only the County Courts can enforce them

  
  

• Inflating Debt: Adding unwarranted, hidden fees, interest, or charges not specified in the original agreement.

  
  

3. Reporting and Legal Recourse

If the demands continue, you should escalate the matter:

• Trading Standards: Contact your local Trading Standards office via Citizens Advice to report unfair trading practices.

  
  

• Notify your local council ( keeping copies ) asking them to ensure the recording of your complaint in relation to the Fit & Proper person legislation

• Police: If you feel threatened or harassedcontact the police or Action Fraud. 

  
  

• Special Scenarios

  
  

• Statute-Barred Debts: If the debt is over six years old (five in Scotland) and there has been no contact, payment, or written admission of the debt during that time, it is likely "statute-barred," meaning it cannot be enforced in a Tribunal or a court.

  
  

  For free, professional advice, contact  the Leasehold Advisory Service , link below

https://parkhomes.lease-advice.org/enquiry/