Bw legal letter ..... LJLA

Umkomaas

si_dean wrote: »

Hi,

I’m a little unsure how to uplod the picture i’ve taken onto here as it only gives the option to use a URL..... so with that in mind i’ve uploaded my image onto a temp host but when i try to paste the link in this thread it says because i’m a newbie it wont allow me to ???

Paste it then change http to hxxp and a regular will do the conversion.

si_dean

Ok, here it is:

hxxp://img42.com/UkZs4

Quentin

http://img42.com/UkZs4

Umkomaas

Quentin wrote: »

http://img42.com/UkZs4

@OP - how do the other papers they attached square with the PaP requirements?

si_dean

Umkommas, i have had a look @ the link you pasted above amongst your device and some of the pages from that link, are indeed on the accompanying paper work I have received.

Do you want me to upload some copies of them too?

si_dean

Also, i can’t locate the newbie sticky thread # 2 post you were referring to?

Everytime i try to view other forum posts it
Keeps coming back with a “syntax error” or sometbing like that?

Is there a direct link to said link?

Redx

use a laptop and go to the NEWBIES FAQ sticky thread at the top of this forum

click on it , scroll down , past post #1 to post #2

read post #2

its that simple

si_dean

Ok, so i havent got a laptop so thats a no go!
I did find a work-around and clicked on the (desktop) version of this forum and ive found the aformentioned newbies sticky thread paragraph # 2.

From the information within that, Am I correct in saying i can use the foloowing literature to send to them on an email (or would it be best posting it as a letter?) :
————————————————————————————

Your Ref:xxxxxxxxxxx

Dear Sirs,

I am in receipt of your Letter Of Claim 2017.
Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon.

Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.

Your letter lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. Please treat this letter as a formal request for all of the documents / information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.

As solicitors you must surely be familiar with the requirements of both the Practice Direction applicable pre-1 October and the Protocol which applies thereafter (and your client, as a serial litigator of small claims, should likewise be aware of them). As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is astounding that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.

Nobody, including your client, is immune from the requirements and obligations of the Practice Direction and now the Protocol.

I require your client to comply with its obligations by sending me the following information/documents:

1. an explanation of the cause of action
2. whether they are pursuing me as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. Is the claim for trespass? If so, provide details.
7. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 “establishing yourself as the creditor”
8. a plan showing where any signs were displayed
9. details of the signs displayed (size of sign, size of font, height at which displayed)
10. Provide details of the original charge, and detail any interest and administrative or other charges added
11. Provide a copy of the Information Sheet and the Reply Form


If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) – Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.


Yours faithfully,

...............

Redx

adapt it as required and print it , sign and date it and post it with a free certificate of posting from the PO Counter (not signed for , just the free receipt), especially use the post if it was a postal letter that you received in the first place (like for like)

I thought that you were using a phone or similar, so you should be aware that phones etc do not always display full content on websites and forums , hence your previous difficulties

so bear in mind that if we tell you something is there and you cannot see it or access it , its because you are not using a desktop or laptop

so keep playing letter tennis with them and drag it out , keeping copies of paperwork and postal certificates

KeithP

As Umkomaas said, does what they have sent match what they should've sent according to the PaP?

For example, from the first page of their LBC that you have shown us, it appears that they have sent you an Information Sheet and a Reply Form, yet you have asked them for those items at 11.

Do they specify a time limit for you to respond?
Is that limit 30 days - as required by the new PaP?