DCBLegal letter of claim

Stanbutler

patient_dream said:

Stanbutler said:

Le_Kirk said:

Any company has one calendar month to respond to a SAR.  Check out Pre-action protocol for debt claims: -
https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf
and you will see this: -

4.2 If the debtor indicates that they are seeking debt advice, the creditor must allow the debtor a reasonable period for the advice to be obtained. In any event, the creditor should not start court proceedings less than 30 days from receipt of the completed Reply Form or 30 days from the creditor providing any documents requested by the debtor, whichever is the later.

 You do not need to use the form but it might help you to formulate how/what you are going to write, however, this advice is included in the NEWBIE sticky second post.

Thanks, my next step is to email dcbl and deny I owe the debt and request 30 days to obtain legal debt advice.
Is that suffice or so I need to add more.

Look, DCBL have added a fake amount .... you ask them for their legal authority to do that.

As there is no legimate reason, you need them to tell you.  Whatever they say is easily disputed 

The forms,  this is an unproven debt and there is no need for you to complete them

There is a need for DCBL to explain their fake add-on ... if not you, then a judge

Right ok thanks, I will email them telling them I deny the debt as I was not the driver of the vehicle and ask them what authority they have to add an extra £70 onto the original PCN and tell them I require extra time to seek legal advice.
Does this seem ok ?
Im sorry you are having to baby me on this but it really is difficult for me.

My MP has also emailed me again today to say hes had no reply from them and he has emailed them again ti demand a full response.

Le_Kirk

Stanbutler said:

Le_Kirk said:

That should do it.

Should I complete their reply form or just send an email ? 

There are forms within the pre-action protocol and if it gets you the desired outcome without giving away any more information than they already know, I see no harm in using them but no need to complete forms from the claimant or solicitor.

patient_dream

Stanbutler said:

patient_dream said:

Stanbutler said:

Le_Kirk said:

Any company has one calendar month to respond to a SAR.  Check out Pre-action protocol for debt claims: -
https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf
and you will see this: -

4.2 If the debtor indicates that they are seeking debt advice, the creditor must allow the debtor a reasonable period for the advice to be obtained. In any event, the creditor should not start court proceedings less than 30 days from receipt of the completed Reply Form or 30 days from the creditor providing any documents requested by the debtor, whichever is the later.

 You do not need to use the form but it might help you to formulate how/what you are going to write, however, this advice is included in the NEWBIE sticky second post.

Thanks, my next step is to email dcbl and deny I owe the debt and request 30 days to obtain legal debt advice.
Is that suffice or so I need to add more.

Look, DCBL have added a fake amount .... you ask them for their legal authority to do that.

As there is no legimate reason, you need them to tell you.  Whatever they say is easily disputed 

The forms,  this is an unproven debt and there is no need for you to complete them

There is a need for DCBL to explain their fake add-on ... if not you, then a judge

My MP has also emailed me again today to say hes had no reply from them and he has emailed them again ti demand a full response.

No surprise ..... the industry is pig ignorant.  

Stanbutler

I have sent them an email,I started to fill out the claim for but it wanted too much info for my liking.
Do MP's have much clout with this sort of thing or will they just push on regardless.

patient_dream

Stanbutler said:

I have sent them an email,I started to fill out the claim for but it wanted too much info for my liking.
Do MP's have much clout with this sort of thing or will they just push on regardless.

It was an MP, Sir Greg Knight who introduced the members bill which is now the code of practice.
MP's do and have clout if they do their job properly, sounds like yours is.

Some MP's act like they want to lose their seat ?

For government, they are a thermometer how the electorate feels and their mood so well worth it

D_P_Dance

Many MPs get these tickets too.

Stanbutler

The 30 days has now passed on the SAR, I dont know if this will be delayed by christmas but I have my doubts they are going to respond to it, is it not law they respond to it though ?

Umkomaas

Send them a chaser, 7-day deadline, with threat to escalate to the ICO. Complain to ICO if they fail to deliver. 

Christmas is no excuse for their tardiness - they knew the date for return, they failed to deliver!

Stanbutler

Umkomaas said:

Send them a chaser, 7-day deadline, with threat to escalate to the ICO. Complain to ICO if they fail to deliver. 

Christmas is no excuse for their tardiness - they knew the date for return, they failed to deliver!

Well turns out Ive made a !!!!!! up, I sent the 7 day chaser and got a reply today turns out I have contacted the wrong company (Nexus Group) and not Group Nexus.
I have apologised to the wrong company and re sent the SAR to the correct company this time,

Hopefully they will get back to me pretty quick, what a plonker.

Umkomaas

Stanbutler said:

Umkomaas said:

Send them a chaser, 7-day deadline, with threat to escalate to the ICO. Complain to ICO if they fail to deliver. 

Christmas is no excuse for their tardiness - they knew the date for return, they failed to deliver!

Well turns out Ive made a !!!!!! up, I sent the 7 day chaser and got a reply today turns out I have contacted the wrong company (Nexus Group) and not Group Nexus.
I have apologised to the wrong company and re sent the SAR to the correct company this time,

Hopefully they will get back to me pretty quick, what a plonker.

Oops! 🤦‍♂️ 🤣