Is it too late to respond to a LBC?

cosmic4z

Hope someone can help guide me.

On 28 November 2017, we received a 'LETTER OF CLAIM' (presumably this is a LBC), relating to a parking incident on 16 December 2013. We ignored all letters up to this point.

On 22 December, they send another letter, a 'NOTICE OF PENDING COUNTY COURT CLAIM', saying they sent Letter Before Claim on 28 November, and that we have 30 days from the date of the letter to reply.

Both letters are from 'bw legal' on behalf of their client 'vehicle control services limited'.

Do I follow the advice in the newbies thread, regarding LBC; or wait and prepare for day in court?

Thanks,
Jamie

Coupon-mad

Is it too late to respond to a LBC?

Never - as long as you didn't yet get a claim - and you should certainly respond and you have 30 days, so why do you reckon it's too late? Why question the sticky thread, when it's the info thread at the top?

DO NOT IGNORE A SOLICITOR'S LETTER BEFORE CLAIM.

Same advice as here, not sure why we need so many threads all the same. Easier if newbies just read the latest threads:

https://forums.moneysavingexpert.com/discussion/5766724

Read the NEWBIES thread post #2, and search this forum for 'BW Legal immune' which will find you all the recently written responses in cases EXACTLY like yours.

Use 'advanced search' and change it to 'show posts' (NEVER show threads).

cosmic4z

Thank you Coupon-mad.

I assume it is too late because it is now more than 30 days since the first letter (dated 28 November 2017). So I no longer have '30 days to respond'. In my situation, I still should respond though?

Also, is the 30 days, just (BW Legal) stipulate, or is it an actual legal deadline?

Also, is it okay to have someone on here take a look at my draft response to the LBC, before I actually send it?

Thanks again,
Jamie

Coupon-mad

Please just respond to it. NOW, TONIGHT.

cosmic4z

Thank you Coupon-mad.

It's out first response, so I imagine the template from Daniel san is most appropriate.

https://forums.moneysavingexpert.com/discussion/comment/73208118#Comment_73208118

Will send that one, lightly edited. Is that okay?

[Deleted User]

A letter before claim is a letter, nothing more. To refer to it as a "pending county court claim" is in my view misleading and intended to cause incontinence. Papers haven't even been breathed on by the Courts Service yet.

There is now a requirement under the pre-action protocols to give you longer for a response (they were often giving just 14 days) but the next steps remain the same.

1. The solicitor's diary prompt needs to alert them to the 30 day expiry
2. The paralegal needs to generate the necessary claim template
3. The paralegal needs formal confirmation from the PPC to submit (because they'll be passing on the cost and may have only been instructed to write a snotty letter up to that point)
4. Bulk applications are lodged online with Bulk Claims through a portal
5. The Court will process them over the next 48 hours or so (the claim is presented)
6. The Court will stamp them (the claim is issued) and despatch automatically by post (the claim is served)

Panic not. You've probably got another week or so to craft a competent letter (longer if their office has been shut since before Christmas until 02/1/18 and there is now a backlog). BUT Coupon-mad is right, deal with it urgently and get a robust reply sent off to them urgently.

Coupon-mad

Yes I would say that version is OK, albeit they've probably given you 30 days and probably attached the response form, so you will need to remove anything that asks for what they've already supplied.

EMAIL your response (search the forum for BW Legal's email which is around somewhere), and post it 1st class with the response form this week, at the PO Counter (not popping it into a postbox) and ask for a FREE certificate of posting, NOT signed for.

Cross posted with Johnersh - read what he says as he is a solicitor poster here, with knowledge we don't have.

Johnersh - here is the letter posted by another poster, loads of posters and other victims have received this drivel:

http://ibb.co/dqHXew

https://forums.moneysavingexpert.com/discussion/5765572

Do you fancy updating your 'cathartic' response?

[Deleted User]

It's out first response, so I imagine the template from Daniel san is most appropriate.

That template was to a different law firm. Ask yourself these questions.

1. Have you READ the protocol that is referred to (and/or been supplied with it by the law firm)
If not, do that, then start at the top of this list
2. Have you been SUPPLIED with the documents that you were supposed to have been
If you don't know, refer to the top of this list
3. In light of the above is the template you plan to use still appropriate?
If so, use it. If not, don't be afraid to draft your own version (better that than one that is clearly unsuited to your needs). At present, when court proceedings are not issued, it is less critical to get it word perfect.
4. If you have not been supplied with the documents REQUEST them clearly and unambiguously.
5. REMEMBER it is for the Claimant to set out clearly their case. Any assertion that you should explain yourself or your best recollections now when they have provided inadequate or incomplete information should not be accepted. You are required to RESPOND to their arguments.

cosmic4z

Thanks again Coupon-mad and Johnersh,

Yes, I read the protocols a few times. The law firm did not provide them, but they do make mention of them and link to https://www.justice.gov.uk/courts/procedure-rules/civil/protocol from their Letter of Claim.

They've provided very little information, and I've edited my response, based on Daniel san's post, to include only the items he lists, that have not already been provided. All looks okay to my untrained eye; I'm sure it's not perfect, but is the best I can do without investing considerable time to research etc.

Also, I'm sending it on behalf of a family member; should I have her sign the letter as if she's sending it; or do I sign in on her behalf / as her representative?

Just like to thank you both once again; very much appreciate your help.

Kind regards,

Quentin

Johnersh wrote: »

A letter before claim is a letter, nothing more. To refer to it as a "pending county court claim" is in my view misleading and intended to cause incontinence. Papers haven't even been breathed on by the Courts Service yet..

Where did you get your medical qualifications??

Court officials breathing on legal documents does NOT cause you to wet yourself.

It's true!!

Coupon-mad

Also, I'm sending it on behalf of a family member; should I have her sign the letter as if she's sending it; or do I sign in on her behalf / as her representative?

Always reply as her, no 'representative'.