Wanting to ensure I'm following Pre Action Protocol

Mozart57

I've received a Letter Before Claim from Gladstones dated 1st Match. I've 30 days to respond so it's a proper one. I've read all the info and advice here - really helpful - and I have one question.

If (as suggested on the NEWBIE post), having made a SAR to the PPC and having informed Gladstones that I'm seeking debt advice, I don't return the reply forms but instead sit tight and wait for the court summons to arrive, won't it look like I haven't cooperated with the Pre Action Protocol for Debt Claims? The protocol says that its purpose is to, "encourage early engagement and communication between the parties, including early exchange of sufficient information about the matter [...] to enable the parties to resolve the matter without the need to start court proceedings". It goes on to say that the court will expect compliance with the PAP and will take non-compliance into account. If I don't enter into a dialogue with Gladstones now won't it look like I'm ignoring the protocol and not cooperating?

Mozart57

Should add that I don't admit the debt and will fight it in court.

Trainerman

Mine is not with the Gladstones, but a different representative.  However, I have emailed them, saying that I acknowledge their letter and totally deny the claim. However, I am seeking debt advice etc etc. 

As far as I can see, I have complied with PaP. I have acknowledged, engaged, narrowed the issues by denying the debt, and in effect telling them that I would be very happy if they took a long walk off a short pier. Job done I think. No forms filled in.

On one of ours, we have also gone into how the LoC is in itself not PaP compliant, but you might want to miss that one out.

Mozart57

Thanks Trainerman. So perhaps I'll avoid specifics of my defence  (so they don't get a headstart on me) and just restrict it to the points you suggest.

Trainerman

Mozart57 said:

Thanks Trainerman. So perhaps I'll avoid specifics of my defence  (so they don't get a headstart on me) and just restrict it to the points you suggest.

That is my philosophy. I do not believe that anything I say now will stop them, and I do not want them to have a heads up on what I might say. If they do try court though, a well written defence might give them pause for thought.

Coupon-mad

It is perfectly fine not to use the forms.  No-one here does and none have ever been criticised.

Re the reply to Gs, also add in the stuff I mentioned on other Gladstones threads the other week, about the fact the added £60 or £70 'costs' add-on being banned by Govt now, and do they want a complaint to the SRA?

Mozart57

Many thanks to you both. Feeling reassured. 

KeithP

@Mozart57, what happened next?

Mozart57

Following @Coupon-mad reply above, I complained to SRA about Gladstones. Told them that, "By escalating the original charge, they are in breach of the second, fourth and fifth SRA Principles."
Gladstones immediately stopped contacting me

Fruitcake

That doesn't mean it has gone away because the PPC has six years to start a claim. They won't need to send a new LoC/LBC beforehand if they decide to go ahead with a claim.

Who is the PPC by the way?

If you move home before the six years is up, make sure you send a rectification notice to the PPC telling them to erase your data and replace it with your new address for service.
Make sure you use the word I have highlighted.

Coupon-mad

Mozart57 said:

Following @Coupon-mad reply above, I complained to SRA about Gladstones. Told them that, "By escalating the original charge, they are in breach of the second, fourth and fifth SRA Principles."
Gladstones immediately stopped contacting me

Thanks for the update.  It might not quite be over - but nothing needs to be done except tell the PPC and their agents if you move house within 6 years.

But do come back to join us in July/August for the final Government public consultation to finally change the law.

Read and bookmark the later posts on the top thread by MSE_JC and set email alerts.  You will want to be heard as part of this vital consultation, I'm sure.