Excel PCN help

bs1998

Coupon-mad said:

Depends if you want the Claim delayed closer to Christmas. Personally, I'd say respond robustly but not necessarily asking for a 30 day hold for 'debt advice' unless you will be in a better place to handle a claim in the Winter, than in October.

Your choice; but do respond as it looks better.

Thanks, and is there a format or template for this type of notification in the newbies section? Or should I just lay the groundwork for why I am challenging?

Coupon-mad

I'd lay the groundwork of your defence and ask for their client's images of the sign taken on the day.

ab2000

bs1998 said:

Coupon-mad said:

Depends if you want the Claim delayed closer to Christmas. Personally, I'd say respond robustly but not necessarily asking for a 30 day hold for 'debt advice' unless you will be in a better place to handle a claim in the Winter, than in October.

Your choice; but do respond as it looks better.

Thanks, and is there a format or template for this type of notification in the newbies section? Or should I just lay the groundwork for why I am challenging?

Isn't this now past the LBC stage, so a 30 day extension can't be asked for?

Coupon-mad

Don't think so. Not if Elms have only just been instructed.

ab2000

bs1998 said:

ab2000 said:

I find it interesting that you are getting letters from ELMS, yet all my communication has come directly from Excel.

I am wondering if they farm out cases they think they have a slim chance of winning, and ones they feel are stronger cases they keep in house.

Who did your LBC come from?

Excel sent it, this is the first I have heard from ELMS

Excel sent the LBC

bs1998

ab2000 said:

bs1998 said:

ab2000 said:

I find it interesting that you are getting letters from ELMS, yet all my communication has come directly from Excel.

I am wondering if they farm out cases they think they have a slim chance of winning, and ones they feel are stronger cases they keep in house.

Who did your LBC come from?

Excel sent it, this is the first I have heard from ELMS

Excel sent the LBC

Correct, and I believe that is when I asked for the SARS

Coupon-mad

No.  A sign is evidence, not your personal data so nothing to do with a SAR. 

bs1998

Coupon-mad said:

I'd lay the groundwork of your defence and ask for their client's images of the sign taken on the day.

So ask ELMS for a photo of the signage saying people have to pay or face a charge? Or am I misunderstanding again?

bs1998

ab2000 said:

I think between the 3 of us we are working at cross purposes here. I shall attempt to unravel but stand to be corrected. 

1.  If you received an LBC from Excel over 30 days ago, and haven't already, you cannot ask for a 30 day 'hold' for debt advice as the window has closed.  I think this has passed, hence why you now have letters from ELMS.

2. As @Coupon-mad said, the sign is not personal data so you can ask separately for that. It doesn't come under a SAR.  As part of the defence you could ask for strict proof that at the time was all the signage was compliant with current codes of practice.

Thank you, I will do that.

Do yoiu think it is worth mentioning what issues I have brought up with excel, and that the MP has written to Excel, but nothing was said in respose that I know of, or have been made aware of?

Coupon-mad

1.  If you received an LBC from Excel over 30 days ago, and haven't already, you cannot ask for a 30 day 'hold' for debt advice as the window has closed.

No it hasn't. There is no window.

You are entitled under the PAP to seek debt advice and ask for the case to be on hold as long as the claim hasn't been filed.

It would be a brave and stupid roboclaim firm who replied 'tough: too late for debt advice'!