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  • FIRST POST
    • beamerguy
    • By beamerguy 10th Oct 17, 3:53 PM
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    beamerguy
    Question about new protocol
    • #1
    • 10th Oct 17, 3:53 PM
    Question about new protocol 10th Oct 17 at 3:53 PM
    Question about new protocol

    We know that this became law on the 1st Oct but
    what happens with the claims filed before then, just
    a few days before by solicitors wanting to beat this, yet
    the defendant receives it after the 1st

    It could be dated the 1st onwards ?
    RBS - MNBA - CAPITAL ONE - LLOYDS

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Page 1
    • pappa golf
    • By pappa golf 10th Oct 17, 4:00 PM
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    pappa golf
    • #2
    • 10th Oct 17, 4:00 PM
    • #2
    • 10th Oct 17, 4:00 PM
    papers served date , presumption of service is next day by royal mail
    • beamerguy
    • By beamerguy 10th Oct 17, 4:04 PM
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    beamerguy
    • #3
    • 10th Oct 17, 4:04 PM
    • #3
    • 10th Oct 17, 4:04 PM
    papers served date , presumption of service is next day by royal mail
    Originally posted by pappa golf
    Yes but if the papers were served on the 30th Sept
    or a few days before, which protocol is followed
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    • pappa golf
    • By pappa golf 10th Oct 17, 4:14 PM
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    pappa golf
    • #4
    • 10th Oct 17, 4:14 PM
    • #4
    • 10th Oct 17, 4:14 PM
    Yes but if the papers were served on the 30th Sept
    or a few days before, which protocol is followed
    Originally posted by beamerguy

    saturday the 30th?
    • beamerguy
    • By beamerguy 10th Oct 17, 4:36 PM
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    beamerguy
    • #5
    • 10th Oct 17, 4:36 PM
    • #5
    • 10th Oct 17, 4:36 PM
    saturday the 30th?
    Originally posted by pappa golf
    or as said a few days before ?
    RBS - MNBA - CAPITAL ONE - LLOYDS

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    • pappa golf
    • By pappa golf 10th Oct 17, 4:56 PM
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    pappa golf
    • #6
    • 10th Oct 17, 4:56 PM
    • #6
    • 10th Oct 17, 4:56 PM
    as they were served and presumably delivered before the new protocol became law they would be ok , , any additions / amendments etc would cause them problems after this date
    • Quentin
    • By Quentin 10th Oct 17, 4:57 PM
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    Quentin
    • #7
    • 10th Oct 17, 4:57 PM
    • #7
    • 10th Oct 17, 4:57 PM
    Yes but if the papers were served on the 30th Sept
    or a few days before, which protocol is followed
    Originally posted by beamerguy
    Original one.

    The new one came in to effect from 1 Oct

    So claims in September aren't affected by this new protocol,
    Last edited by Quentin; 10-10-2017 at 4:59 PM.
    • Loadsofchildren123
    • By Loadsofchildren123 11th Oct 17, 10:17 AM
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    Loadsofchildren123
    • #8
    • 11th Oct 17, 10:17 AM
    • #8
    • 11th Oct 17, 10:17 AM
    Isn't it date of issue rather than date of service?
    • Umkomaas
    • By Umkomaas 11th Oct 17, 10:27 AM
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    Umkomaas
    • #9
    • 11th Oct 17, 10:27 AM
    • #9
    • 11th Oct 17, 10:27 AM
    There’s a thread this morning with a LBA dated 26 September, but not received until 10 October. Are we seeing backdated LBAs in order to avoid following the new protocol? They clearly can’t do this for ever, but in this cross-over period, I wouldn’t be in the least bit surprised.

    http://forums.moneysavingexpert.com/showthread.php?p=73245733#post73245733
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    • Loadsofchildren123
    • By Loadsofchildren123 11th Oct 17, 10:40 AM
    • 1,262 Posts
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    Loadsofchildren123
    I have read and posted on that thread - it's likely that they backdated it I think. But I also think the date of the LBC is irrelevant - in between that and issuing, the new protocol applies. And most LBCs never complied with the old Practice Direction anyway (parts of which continue to apply)
    • beamerguy
    • By beamerguy 11th Oct 17, 11:11 AM
    • 6,169 Posts
    • 7,891 Thanks
    beamerguy
    There’s a thread this morning with a LBA dated 26 September, but not received until 10 October. Are we seeing backdated LBAs in order to avoid following the new protocol? They clearly can’t do this for ever, but in this cross-over period, I wouldn’t be in the least bit surprised.

    http://forums.moneysavingexpert.com/showthread.php?p=73245733#post73245733
    Originally posted by Umkomaas
    My thoughts as well
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