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Notification of Instruction - ELMS Legal

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Comments

  • rikj11
    rikj11 Posts: 28 Forumite
    10 Posts Second Anniversary Name Dropper
    The concern is that I have admitted to being the driver, am I still able to defend in the same way?

    I am just about to send my email of complaint to my MP and will also try The Peel Group (I unwittingly tried The LJLA to no avail) as owners. The PPC has thrown me slightly by getting ELMS to respond to my SAR as I was expecting another template letter from them so that I could issue the AoS and complain with those four letters to the SRA, is this still possible?
  • Jenni_D
    Jenni_D Posts: 5,460 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    edited 26 October 2021 at 3:00PM
    Elms will not have responded to your SAR - only VCS can do that. Perhaps Elms have sent you a Letter of Claim which is coincidental to you sending a SAR?

    AoS is Acknowledgement of Service - a procedural step after receiving a court claim ... have you received a court claim? (I suspect not, so I don't know why you'd be looking to do an AoS - a court claim would come from the CCBC, not Elms).

    What exactly does this Notification of Instruction actually say?
    Jenni x
  • rikj11
    rikj11 Posts: 28 Forumite
    10 Posts Second Anniversary Name Dropper
    Not received a court claim but have had an LBC from VCS prior to this Notification of Instruction from ELMS.
    Notification of Instruction says "...instructed to to recover outstanding debt...no option but to issue legal proceedings...look forward to hearing from you before the deadline xx/xx/xxxx failing which formal action will commence and all associated costs sought..."
  • rikj11
    rikj11 Posts: 28 Forumite
    10 Posts Second Anniversary Name Dropper
    Have now complained to MP, looking for an email address for the Peel Group to complain/resolve, if anyone knows of one it would be much appreciated.
  • rikj11
    rikj11 Posts: 28 Forumite
    10 Posts Second Anniversary Name Dropper
    @Jenni_D forgive my limited understanding, I was following the advice of an old thread on the forum and have obviously used the wrong terminology
  • rikj11
    rikj11 Posts: 28 Forumite
    10 Posts Second Anniversary Name Dropper
    To try and clarify - after receiving the LBC from VCS i sent them a letter asking for certain details etc (rather vague as the thread I was following advised) and expected the usual template letter back from VCS to which I will respond with a more detailed letter asking for specific details as in the Practice Direction.
    Then, as far as I can make out, these four letters will form the basis on which I will complain to the SRA. I was rather looking forward to this back and forth and then complaining to SRA but this Notification of Instruction has stopped me in my tracks somewhat.
  • Coupon-mad
    Coupon-mad Posts: 155,392 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You are not complaining to the SRA surely?  What is there to complain about that is a breach of their published STaRs?

    I think an SRA complaint is pointless.  VCS are not solicitors.

    You should have emailed a SAR to VCS though, to get all the data they hold on you.

    As for admitting to driving, who cares?  More than half of our defendants have, this is nothing new.  Happens sll the time snd 99% is still our win rate.
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  • Jenni_D
    Jenni_D Posts: 5,460 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    rikj11 said:
    Not received a court claim but have had an LBC from VCS prior to this Notification of Instruction from ELMS.
    Notification of Instruction says "...instructed to to recover outstanding debt...no option but to issue legal proceedings...look forward to hearing from you before the deadline xx/xx/xxxx failing which formal action will commence and all associated costs sought..."
    Notice of Instruction ... who does it say to pay, and how long do they give you? If it says 14 days then it is just debt collector rubbish.
    Jenni x
  • rikj11
    rikj11 Posts: 28 Forumite
    10 Posts Second Anniversary Name Dropper
    @Coupon-mad the old thread I had been following suggested that the head of VCS's legal department is the one to complain to SRA about, in an attempt to stop these cowboys from functioning, due to not following Practice Direction and Pre-action conduct and protocols. If this is a waste of time then I may forget about it.
    Will email an SAR once their website starts to work and I can get an email address.
    Excellent, concerns disintegrated

    @Jenni_D says to pay them, ELMS, and yes 14 days. So I can treat this like a letter from DCBL then

    Cheers both
  • rikj11
    rikj11 Posts: 28 Forumite
    10 Posts Second Anniversary Name Dropper
    Seem to have omitted some information here guys, I am not RK of vehicle in question. Does this have any bearing on - a)general tactics and b)SAR request
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