Advice on email to solicitor after LBC

Simulacraton

Hi, I am just following the Newbie Advice on private parking tickets posted here and I have a question. I have done a SAR email and I am now about to make the email to Gladstones Solicitors. Do I need to fill in the 'Annex 1' form, stating I do not owe the debt and why I don't owe it, or can I just say I am seeking debt advice in an email and to give the 30 days, and inform them of the SAR I have sent their client?

KeithP

The first few paragraphs of the second post of the NEWBIES thread describe how to respond to a Letter of Claim.

You will see there...

Simulacraton

Yea, I saw that bit, but do do I need to send the rest of the Annex 1 form? 

Fruitcake

Surely the Annex 1 form is still a reply form, and the advice about that is unequivocable.

If you want more time, then just tell them that whilst you deny the debt you are seeking debt advice and therefore require the case to be put on hold for 30 days as per court pre-action protocol.

Galloglass

If you want more time, then just tell them that whilst you deny the debt you are seeking debt advice and therefore require the case to be put on hold for 30 days as per court pre-action protocol.

I'd be interested in the solicitors reply to that one, as "debt advice" has a specific meaning. It could mean "breathing space" which requires the person to register with a regulated advisor rather than the vague wording of the protocol. 

Fruitcake

It could also mean coming here and asking for help, or asking the bloke down the pub.

Like you say, the PAP for debt claims is vague.

Simulacraton

Fruitcake said:

Surely the Annex 1 form is still a reply form, and the advice about that is unequivocable.

If you want more time, then just tell them that whilst you deny the debt you are seeking debt advice and therefore require the case to be put on hold for 30 days as per court pre-action protocol.

This is what I am wondering. Is the Annex 1 form (minus the financial info pages) necessary, or can you put it in your own wording and save having to mess about sending the form back or editing the PDF and emailing it? At the end of the day the only benefit in the form is to get the extra 30 days, but will it be acknowledged if not in the assigned format?

Trainerman

The standard advice, in the 'Newbies' is to send an email saying that you deny the debt but are seeking  debt advice so they must put the case on hold for 30 days as per the PaP.

Thats it. No Forms, one email

KeithP

This paragraph from the second post of the NEWBIES thread seems perfectly reasonable to me...

Obviously if you are not sending a SAR to the parking company there is no need to mention it.

Simulacraton

Thanks again for all the info here. We've not heard back from the solicitor about the 30+ day 'hold'. Are they required to acknowledge receipt of the email we sent?

KeithP

Simulacraton said:

Thanks again for all the info here. We've not heard back from the solicitor about the 30+ day 'hold'. Are they required to acknowledge receipt of the email we sent?

No, they're not obliged to do that.