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Gladstones LBC UK CPM

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Comments

  • Jamran
    Jamran Posts: 123 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    Anyone? Would appreciate a response
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    There is no Letter Before Claim there.

    Why does it start at page 9?

    Where is the page you mentioned earlier?
    The one you said stated "PRE-ACTION PROTOCOL FOR DEBT CLAIMS Redraft spring 2015"?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    If you have received yet another LBCCC then its either
    incompetence
    OR
    malice

    You dont need to think too hard to know what to do - you respond, noting their "new" LBCCC of X date, and refer to your confusion at receiving one given you had responded to their LBCCC of Y date on Z date and enclose a copy for their records.
  • Jamran
    Jamran Posts: 123 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    KeithP wrote: »
    There is no Letter Before Claim there.

    Why does it start at page 9?

    Where is the page you mentioned earlier?
    The one you said stated "PRE-ACTION PROTOCOL FOR DEBT CLAIMS Redraft spring 2015"?

    Just realised that now you mentioned it. I've no idea. That's the file they sent via email. That's the name of the file: "PRE-ACTION PROTOCOL FOR DEBT CLAIMS Redraft spring 2015"
  • I've not seen copies of the documents, but it sounds like the original letter of claim has been identified as defective, so they've sent another, this time including the form that should've been sent in the first place.

    I would always draft my own letter of response, not specifically to state what your defence is likely to be, but to request all relevant documents and to make clear (where appropriate) that the claimant has failed to set out accurately the basis for their claim.

    There's no harm in filling out the reply form, but be careful. Do NOT fill out the financial statement (unless you plan on asking to pay by installments on grounds of impecuniosity).

    As said on other threads, look at the protocol (which they won't have sent to you) and don't hesitate to highlight any non compliance.
  • The forms will no probably start on p.9 as they are found as an appendix to the protocol. They've sent you the forms (as required) but not a copy of the rules (which theyre not required to provide).
  • Jamran
    Jamran Posts: 123 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    Johnersh wrote: »
    I've not seen copies of the documents, but it sounds like the original letter of claim has been identified as defective, so they've sent another, this time including the form that should've been sent in the first place.

    I would always draft my own letter of response, not specifically to state what your defence is likely to be, but to request all relevant documents and to make clear (where appropriate) that the claimant has failed to set out accurately the basis for their claim.

    There's no harm in filling out the reply form, but be careful. Do NOT fill out the financial statement (unless you plan on asking to pay by installments on grounds of impecuniosity).

    As said on other threads, look at the protocol (which they won't have sent to you) and don't hesitate to highlight any non compliance.

    So is it a case of me submitting the defence I sent to them originally again? Or would I add anything more?
  • I think I would send a letter enclosing the earlier letter of response and highlighting any claimant failures to comply with the protocol/provide disclosure - with or without the forms provided.
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