IAS APPEAL....feedback appreciated

nosferatu1001

Which is what you state in the defence.
You point out that a grace period is not only explicitly required by the code of practice, it's a matter of trite law that to enter a contract, time must be given to the potential contractor to find the purported contract, read, decide whether to accept, and to leave if they do not accept. This is what occurred.

Southernsoftie_jo

Snakes_Belly wrote: »

@Southern. I am at a similar stage to yourself in the process and like yourself I have been through two appeals process. Since the LBC I have sent a rebuttal and two further letters. I would draw your attention to this taken from the newbies thread.

'DO RESPOND - if it later goes to a hearing then the Judge will see this correspondence. Seize the moment to point out how the firm have been unreasonable, and not complied with the new pre-action protocol for debt claims:'

I have also put comments in my letters about the lack of impartiality of the IAS. I have used the Dracula quote. Naturally your case is different but we have both gone through the bruising experience of appealing to IAS and this is something that the claimant's representative may pick up on.

@Snakes belly, where are you up to with this case?

Southernsoftie_jo

I've received further communication from Gladstone's. I've sent two rebuttal letters, one requesting further information which was not supplied. They have now responded to my requests for information, and basically sent me copies of what they have sent me and what I have sent them. They did not address any of the queries in my previous letter.

Once again they state
....pay up or we will start court proceedings (like the last 3 letters stated).

Where do we go from here? Should I respond and if so what would you advise? Do I keep repeating myself?!

Thank you

Snakes_Belly

When you get a letter before claim it will include various forms. You need to send a rebuttal letter in response to this LBC. You don't need to complete the financial statement.

Southernsoftie_jo

Snakes_Belly wrote: »

When you get a letter before claim it will include various forms. You need to send a rebuttal letter in response to this LBC. You don't need to complete the financial statement.

Thanks for your comment. We've had the LBC back in June and have exchanged various letters with them since. We asked for further information from them as they failed to supply what is required of the LBC. They didn't not respond satisfactorily to any of my queries and there have been letters since.

We are now at the stage of their next step needs to be court papers but instead they keep sending boring letters saying our next step will be court, then not following through.

My question is, do I keep engaging with this as we are clearly going round in circles!

Thanks for reading

beamerguy

Southernsoftie_jo wrote: »

Thanks for your comment. We've had the LBC back in June and have exchanged various letters with them since. We asked for further information from them as they failed to supply what is required of the LBC. They didn't not respond satisfactorily to any of my queries and there have been letters since.

We are now at the stage of their next step needs to be court papers but instead they keep sending boring letters saying our next step will be court, then not following through.

My question is, do I keep engaging with this as we are clearly going round in circles!

Thanks for reading

Unsure why you are accepting this from the Gladstones muppets

Just invite them to take you to court where you will demonstrate their utter incompetemce and failings

This is not a real solicitor, they are just a joke that pops out of a xmas cracker

Snakes_Belly

I am assuming that you wrote back a robust rebuttal letter then there is not much else you can do until an MCOL is sent. I am not sure how likely the PPC that issued your ticket are to take you to court. Some are more litigious than other. If it was a PPC like Excel then you may want to start looking at a Defence but U.K. CPM could be just a sabre rattler and not likely to take you to court. Some PPC's cream off the motorists that pay up straight away, hassle the rest with letters but stop at court action.

KeithP

Southernsoftie_jo wrote: »

My question is, do I keep engaging with this as we are clearly going round in circles!

No need to reply any more.

Wait patiently for a Claim Form.

If this ever gets to court, you can of course mention their failure to answer perfectly reasonable questions designed to narrow the issues.

Southernsoftie_jo

Ok thanks for your comments. Bearing in mind that it may go to court, and I want to be seen as having acted fairly and properly I think I will send a further letter to the effect of 'You continue to ignore my specific requests' and tell them they can not expect any further communication from me.

Wasn't sure if going back to ignoring was ok but as far as I understand there is nothing more to be gained by further communication other than a waste of my time. And their paper.

It's almost comical. Like really bad parenting. They keep insisting the next step is court, and yet we just get another letter saying the next step is court. Not following through!!!

We shall see if/when court papers arrive!

KeithP

Southernsoftie_jo wrote: »

...as far as I understand there is nothing more to be gained by further communication other than a waste of my time. And their paper.

Absolutely right. Please don't worry about their paper usage.