Letter before claim from solicitor

Plastic18

Keith,


I read what you wrote. I did respond to them previously, asking for proof parking offence but they did not. It's been a year since I heard from them, and now I received a letter of Pre Action Conduct and Protocol from CEL's 'legal department' but the letter was signed but not legible no name provided. I'm just questioning the legality and authenticity of this letter.

nosferatu1001

Im guessing not

OP - you have to read the NEWBIES thread and look for the LBA / LBC / LBCCC section. You MUST MUST MUST respond t otheir LBA. Theyll likely ignore anyway.Signature etc is all entirely irrelevant. Totally. Essentially what youre questionning is entirely unimportant to your obligation to respond, and a distraciton> Forget about it.

You MUST under seperate cover tell them of your new address for service. First class with FREE proof of posting. note noone said recorded, no we will not explain why, you can find that out or just trust us.

KeithP

Plastic18 wrote: »

Keith, I read what you wrote.

OK, then what do you think this means?...

KeithP wrote: »

You need to respond robustly to that Letter Before Claim.

All the guidance you need on how to do that is in post #2 of the NEWBIES FAQ sticky thread.

You appear not to have noticed my second point either:

KeithP wrote: »

I've not read back through all the thread, but if you have not done so already you need to write to CEL stating that your current address for service is errr... your current address.
Ensure you get a free Certificate of Posting from the Post Office counter when you send that letter by ordinary first class post. Do not use Recorded Delivery or any other service requiring a signature.

If you don't do that you run a great risk of receiving a County Court Judgment against you without having the opportunity to defend yourself.

Plastic18

Keith - I do appreciate your taking time to respond. I'm just a regular guy trying to fight my own corner and asking for assistance and help here. I just wondered what the implications are if I tell them of my new address. Won't they just send me more new threatening letters?

Umkomaas

Plastic18 wrote: »

Keith - I do appreciate your taking time to respond. I'm just a regular guy trying to fight my own corner and asking for assistance and help here. I just wondered what the implications are if I tell them of my new address. Won't they just send me more new threatening letters?

If they send court proceedings to a former address (a typical CEL preference) you'll be blissfully unaware of them and similarly unaware of the very rapid (2 weeks later) default CCJ with a trashing of your credit rating.

You will only find out about that when you next apply for a loan/mortgage, or even something as simple as a mobile phone contract renewal - and you get turned down.

Then the intellectual heavy lifting will commence to unravel you from this, including a £255 fee to the court for a set-aside hearing, which you may not win, leaving you £255 out of pocket and still needing to settle the default CCJ or risk visits from bailiffs.

In your situation, you want every threatening letter they send out getting to you swiftly. You need to be in control. Burying your head in the sand (or behind a former address) is likely to end badly.

Plastic18

Ok, thanks for the advice. So, I just reply the letter stating that my current address, and not start with any defence at this point?

Coupon-mad

If you like. Makes no odds really, does it?

From reading other CEL defence threads you will know what happens in the end.

Plastic18

Thanks Coupon-Mad,

This new letter states I have 30 days, from a week ago to pay up. I just wondered if that time frame is still valid, when I send them my new address? Or will it reset the 30 day?

Sorry guys, I'm a little confused as advise given by Nosferatu1001 said I do it on separate cover.

[Deleted User]

Personally , I'd do a response to the letter of claim and in a separate letter (clearly marked letter 2) I'd do a letter dealing with your new address.

Ideally put your address at the top of the letter as with any formal letter. The letter can be short and pithy:

Further to previous correspondence in this matter, take notice that the proposed defendant, [name] now resides at xxxx which is his address for service. Proceedings served elsewhere will not be accepted. All correspondence should be directed to that address. Kindly confirm safe receipt

The letters should be sent first class post only.

Plastic18

Thank you for the advise, Johnersh. I will do the new address letter today, and try to do the 2nd letter by tomorrow. Am I ok to use this template by 'LandsofChildren' as my respond to their LBC or Pre Action Conduct and Protocol? https://forums.moneysavingexpert.com/discussion/comment/72358831#Comment_72358831