Looking for advice

Ralph-y

yes

its true .......


Ralph:cool:

Lamilad

Can I really get away with saying this?

The letter was written by Johnersh... Johnersh is a lawyer.

Coupon-mad

Yes but he only offers advice here, not 'legal advice', so check with Johnersh what can and can't be said.

[Deleted User]

1. Dear WH, when sending letters accusing your opponent of using templates, please don't use a template yourself! You will note that the WH letter does not answer the questions put to them at all and in fact intentionally misconstrues the points raised so as to respond in a way that suggests that you have challenged the process of debt recovery simply because it is you that have received one of their letters. Best you wait and see whether claim form served on you adopts a template format too...

2. Do not claim to/imply that you have legal advice when you don't have it. That won't end well. First, it will mean less latitude with your documents and with the Court and second, since no-one has a formal retainer with you, it's misleading and, were that established, it could cause you credibility issues with your evidence.

3. By all means rely upon advice from a forum - nothing wrong with that - although it is true (in fairness to WH) that the internet has both and bad information.

4. It is not correct (and I have never suggested) that details of all employees should appear on a company website. Although there has been much speculation about the employees of various organisations on this forum. I don't believe my template takes that point at all - if your letter followed my template, then this can be utilised to demonstrate to the court that it is the claimant that is proceeding in 'paint by numbers' fashion.

5. Whether or not the SRA warning notice is breached ultimately becomes a matter of interpretation. The letter seeks to straddle the mid-ground between Gladstones and WH. However, the exact terms of the letters received (and/or threats made as may be) will vary. This is the importance of tailoring documents. FWIW, I am of the view that unless the letter says:
(i) we will take you to court/
(ii) if the court finds against you/
(iii) we will then have a CCJ/
(iv) which we will then enforce if you still do not pay
then I believe that it is misleading or threatening. I have never said such letters are wholly illegal (although one might hope that the position changes).

For example, it does not follow that a "loss" equals an instant 6 year penalty on one's credit file nor does it follow that many of the oft listed enforcement procedures can or will be followed.

6. The mere use of a template does not render the defence of an action unmeritorious (whatever their letter says). You may wish to draw their attention to the provisions of the CPR. They will need to persuade the court that the case has no reasonable prospects of success - that bar is set pretty high.

I suggest you write back and say that since proceedings have not been issued, if they intend to pursue the matter further they are on notice that since 01 October 2017 that a new protocol is applicable. Their previous correspondence lacked specificity and therefore this letter should be treated as a formal request for all of the documents / information that the protocol now requires them to provide. Further, you trust that no proceedings will be issued without complying with that protocol. You will reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court when costs come to be considered.

Or I could just be misguided

biged670

@johnersh

Thank you for your advice. I have drafted this letter based on the information you have provided. Please can you let me know if it is ok?

Dear Wright Hassall,

I am writing to confirm receipt of your letter dated 28/09/2017, and I must admit, I am very disappointed with your resolution of my complaint.

As proceedings, have not yet been issued, and as your previous correspondence lacks specificity, I would be grateful if you could please provide me with all documentation and information that you hold in relation to this matter. Please take this letter as a formal request for this information, as per ‘The Pre-Action Protocol for Debt Claims’ which came into effect 1st October 2017. I trust that no proceedings will be issued without this protocol being complied to.

Further to the above, I would like to point out that I reserve the right to draw any failure of the claimant to comply with the protocol to the attention of the court when costs come to be considered.

I look forward to hearing from you in due course.

Yours sincerely,

Umkomaas

I am very disappointed with your resolution of my complaint.

Shouldn’t that read ‘non-resolution’?

biged670

Their letter is a resolution, albeit not the resolution I wanted.

[Deleted User]

Just grafted a new bit on for you...

I am very disappointed with your resolution of my complaint.

which appears to confuse my complaint regarding the manner of your debt collections process as being a complaint regarding debt collection per se..

That the claim advanced by your client a is unmeritorious is a a distinct issue. Any claim pursued will be robustly defended.

I reserve the right to pursue this matter (and the manner of your pre action correspondence) with the SRA in due course.

As proceedings, have not yet been issued, and as your previous correspondence lacks specificity, I would be grateful if you could please provide me with all documentation and information that you hold in relation to this matter. Please take this letter as a formal request for this information, as per ‘The Pre-Action Protocol for Debt Claims’ which came into effect 1st October 2017. I trust that no proceedings will be issued without this protocol being complied to.

Further to the above, I would like to point out that I reserve the right to draw any failure of the claimant to comply with the protocol to the attention of the court when costs come to be considered.

biged670

Thanks Johnersh, does the highlighted sentence read right?

I am writing to confirm receipt of your letter dated 28/09/2017, and I must admit, I am very disappointed with your resolution of my complaint which appears to confuse my complaint regarding the manner of your debt collections process as being a complaint regarding debt collection per se.

That the claim advanced by your client a is unmeritorious is a a distinct issue. Any claim pursued will be robustly defended.

I reserve the right to pursue this matter (and the manner of your pre action correspondence) with the SRA in due course.

As proceedings, have not yet been issued, and as your previous correspondence lacks specificity, I would be grateful if you could please provide me with all documentation and information that you hold in relation to this matter. Please take this letter as a formal request for this information, as per ‘The Pre-Action Protocol for Debt Claims’ which came into effect 1st October 2017. I trust that no proceedings will be issued without this protocol being complied to.

Further to the above, I would like to point out that I reserve the right to draw any failure of the claimant to comply with the protocol to the attention of the court when costs come to be considered.

I look forward to hearing from you in due course.

Yours sincerely,

Coupon-mad

is a [STRIKE] a[/STRIKE] distinct issue.

Just a typo.