UKPC SC Law sent letter for filing a CCJ in 14 day

waamo

Read the first few paragraphs about responding to a Letter Before Claim

http://forums.moneysavingexpert.com/showpost.php?p=64350585&postcount=2

zays

They sent LBC in Nov in which i replied via email explaining why i believe this should not be issued against which they did not reply and sent the letter on 12 Feb. That letter is a notice pursuant to para 8.2 of the pre action protocol for debt claims.

I called ukpc legal advisor who replied me why they think confident. I copied the response in my earlier message.

Problem is i have less than 10 days but not sure response LBC is still applicable or should i follow anyother protocol.

waamo

It's an LBC treat it as such. Do not ever ring a ppc. Do not do it again.

zays

waamo wrote: »

It's an LBC treat it as such. Do not ever ring a ppc. Do not do it again.

I am little confused as they sent LBC in Nov with 30 days notice to contact to UKPC with the reply form and asked to contact UKPC or send a reply to lawyer. I did a reply but I did not realise what was right or what approach should i follow.

Now I receive a one page letter saying pre-action protocol in which 14 days notice before the court action. question is whether I am still able to send a reply again as first 30 days are already over and now a second 14 days notice before action. Apologies I am quite naive and trying to understand things

KeithP

You can reply again if you wish. Do you have further questions?

Or you can wait for the court claim form and, as you say, start thinking about your defence.

waamo

What do you want to do? Some people like to reply to everything some people don't.

If you reply treat it like an LBC and follow the advice in the Newbies thread. If you don't want to reply that's fine.

Coupon-mad

Already told you what to write, third time of replying now.

One search finds the reply everyone else manage to find & adapt.

KeithP

C-m, I think 14 days notice is ok after a LoC has been sent but still no agreement has been reached.

8.2 of the new PAP says:

8.2 Where the debtor has responded to the Letter of Claim but agreement has not been reached, the creditor should give the debtor at least 14 days' notice of their intention to start court proceedings, unless there are exceptional circumstances in which urgent action is required(for example,because the limitation period is about to expire).

The OP tells us he did respond to the LoC and of course agreement has not been reached.

logician

^^^^ + 1

Yes that is how I read this.

The OP needs to reply to the "14 day letter" pointing out that no response was made to the previous response to the letter before claim.


I hope the OP requested documents in the first response, if not he should now request these and narrow down any issues.

The OP could also suggest a form of ADR and point out that this is a requirement to consider in pre-action protocol.

zays

Thanks all, I have sent a letter today with the immunity letter and LBC reply as you guys suggested. As I received 14 days notice without an answer to my email so I added all those including of certain documents. I am not sure still they would come back to me or will they still go to court. I will wait for them but at the meantime I am sending a letter to my MP plus will send email to my property manager if they can assist me.

pls suggest any other things which I may consider at this stage.

Appreciate your assistance and will update to you of future things.