Excel Again

cuckoo12

I had written them few weeks ago that they have not followed the P.D while writing me the letter and asked few other questions as well Now Excel have written me letter today in reply to my letter.
I am not sure whether this is a standard letter or they have specifically answered me. Any way what they say is as follows.

They say letter before action (PD) is not applicable in this case. They suggest refer to justice.gov.uk/courts/procedures-rules/civil/rules/pd_pre-action_conduct[/url] section 7. Annex A sets out detailed guidance on a pre action procedure that is likely to satisfy the court in most circumstances where no pre-action protocol applies and where claimant does not follow any other statutory or other formal procedure. Then they mention that as member of BPA they follow the formal pre action procedure set out in the BPA code of conduct.
Then they threaten that if the debt is not paid until..... They may commence the legal proceeding without any further notice.

I would needs further advice what to do. It appears they are not going to let it go.... Just when I think that they are not going to write to me again their letter arrives !

Please advice

Stroma

What the bpa says in the code of practice is irrelevant in this. Excel must follow the procedure in issuing claims, which means a compliant letter before claim, if they don't then proceed with a claim , part of the defence would be that they have not followed procedure.

What did you use in writing to them? Was it Daisy's wording?

cuckoo12

yes similar wording

can i paste my letter (after making few changes) or is it not recommended.

cuckoo12

very tactfully they send their letter either on friday or saturday so that my whole weekend is spoiled.

cuckoo12

My letter was something like this

Thank you for your letter (Notice of intended court proceedings) on

---

First, the alleged debt is disputed and any court proceedings will be vigorously defended.
Secondly you have yet to answer any of the questions I have raised in my previous letter (date

---

) which you have acknowledged but then have completely ignored.
Thirdly, your letter appears to be a deliberately attempted to mislead the recipient as it is not compliant with the Practice Direction at all.
Please therefore provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct.
I confirm that I shall then seek advice and submit a formal Response within 30 days of receipt, as required by the Practice Direction.
Please ensure that someone does actually read and respond to this letter, providing the specific information relating to the county court claim that your client intends to make against myself as the defendant to the proposed legal proceedings. Please DO NOT send a generic FAQ letter in reply as to do so does not meet the requirements of the Practice Direction and will take this matter no further forward.
Please note, a refusal to comply with the Practice Direction will result in an immediate referral to the Solicitors Regulation Authority for breach of the Principles contained in the SRA Handbook version 8, published on 1st October 2013.
I trust this will not be necessary, and look forward to receiving a fully compliant letter before claim in due course.

Coupon-mad

Add a comment on the LBCCC thread with a link to this thread in the hope that zzzLazyDaisy sees it and advises you on your next response. All the time you are responding and demanding POPLA even now (they won't allow it but that doesn't stop you) it's less likely to go to small claims papers. Even if it does Excel are beatable if you do a much stronger defence in time, unlike the wasted time in missing the chance for the POPLA appeal. We can help people beat small claims as well, in most cases.

cuckoo12

Shall I write another letter to them again but what to write ???
as in my previous letter I have written all about PD and other things.
Surely I cannot write the same stuff in this letter as well.


Or should I sit back and see their next response.
I am yet not threatened enough to pay them.Surely they need to scare me more :mad:

Coupon-mad

Like I said, post a reply on the LBCCC sticky thread, as Daisy is the best person to help you word it if she sees your post.

cuckoo12

Thanks I have done that

zzzLazyDaisy

Hi, just to let you know that I have clocked your thread (thanks coupon-mad for bringing it to my attention).

Excel have this weird notion that the being a member of BPA means that the laws of the land don't apply to them!

I have pm'd a letter to you.

Daisy