Letter Before Claim (SAR response received)

Awakeatnight

Hi, I wonder if you can help as I've been following all the information in your Newbies advice thread. I received a Letter Before Claim, actually titled Letter of Claim just before Christmas. I followed your advice re requested a SAR and notifying BW Legal. They've sent back all the SAR information now. What do I do next?

Redx

either play ping pong emails with B W LEGAL debying the alleged debt until they issue an MCOL from Northampton, or ignore and wait for an MCOL


if you havent issued a SAR to your PPC claimant, then do so by email to their DPO asap

Fruitcake

If you are happy to share the (redacted) SAR replies, the regulars may be able to comment further.

Jetslick

Send BW Legal a Letter of Claim rebuttal protesting your innocence and why you will defend this claim. Also give anonymous details about your PCN on here (and the steps you've taken) for others to offer guidance. Else, wait for the court claim and then draft your defence.

Awakeatnight

Thanks guys. So I can ignore all the forms attached to their 'Letter of Claim' as they call it even though shouldn't they call it a Letter Before Claim? I shall post some redacted pics tomorrow!

Redx

they can call it anything they like, there is no single wording, so they may use the following - LoC = LBC = LBCCC = LBA , all the same, its shame there isnt just one set of wording that they have to all use, so they are all the same thing

do not fill their forms in, but send an email rebutting the LoC

KeithP

Interestingly, the first sentence of paragraph 3.1 of The Pre-Action Protocol for Debt Claims is:

3.1 The creditor should send a Letter of Claim to the debtor before proceedings are started.

And throughout that document the term Letter of Claim is used repeatedly.

Perhaps we can expect Letter of Claim to be used more in the future.

Awakeatnight

Received BW's email announcing they're taking me to small claims court, giving reference number and telling me I can expect to receive summons from Northampton court. Got all the data protection SAR stuff back from them. Can you advise where I can post all the paperwork for further advice on here please?

Coupon-mad

You don't.

This is the same as all the other cases; no need to show us paperwork. What looks to you like relevant replies, are just templates and all cases are the same, all potentially winnable on the same sort of arguments.

The letter does not mention a summons. There is no summons, this is not a prosecution.

Read the NEWBIES thread post #2 which spells out what to do and how.

Awakeatnight

Hi bargepole,
I wonder if you can help. I've received a County Court claim form stating that I parked my car in a car park over eight months ago. It is claiming for £165.46 of which £100 is the original fine. I parked in the dark, contravention took place quite late at night. I was seeing a film. It's a very rough car park with no marked bays. The cinema which I was visiting has an ipad in the foyer in which you're supposed to put your registration into but I must have either forgotten to do it that evening or it didn't work properly, which is unusual as I always do this. I've done the SAR and they've sent me pictures of the car. Any advice please,. Thanks in advance.
Thanks

KeithP

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?