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  • FIRST POST
    • Jamran
    • By Jamran 8th Feb 18, 11:09 AM
    • 42Posts
    • 6Thanks
    Jamran
    Gladstones LBC UK CPM
    • #1
    • 8th Feb 18, 11:09 AM
    Gladstones LBC UK CPM 8th Feb 18 at 11:09 AM
    Hi guys

    I received a LBC for a PCN I have no knowledge of. The driver visited the location to drop someone off. They dropped them off and left. However few days later I received a ticket saying I had to pay up and must do etc. I, regrettably, ignored and after few letters from debt collectors etc I’ve received this LBC.

    I wanted advice on what to include in the reply. Should I include what’s on the newbies section and add for them to give photographic proof of the incident? Or any their suggestions?
    Last edited by Jamran; 08-02-2018 at 1:15 PM.
Page 1
    • Quentin
    • By Quentin 8th Feb 18, 12:33 PM
    • 35,623 Posts
    • 19,852 Thanks
    Quentin
    • #2
    • 8th Feb 18, 12:33 PM
    • #2
    • 8th Feb 18, 12:33 PM
    The newbies faq thread (#2) covers how to reply to a LBCCA and how to prepare your defence should it progress to a court claim


    Edit your OP to remove details of who was driving
    • The Deep
    • By The Deep 8th Feb 18, 2:19 PM
    • 9,209 Posts
    • 8,980 Thanks
    The Deep
    • #3
    • 8th Feb 18, 2:19 PM
    • #3
    • 8th Feb 18, 2:19 PM
    See what MPs think of this company whom an MP has been reported to the SRA.

    Watch this and complain to your MP.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    Was the LBC complaint with the new rules which came into effect on 1st October 2017? If not, read this

    https://www.justice.gov.uk/courts/procedure-rules/civil

    and complain robustly to your MP and the SRA.
    Last edited by The Deep; 12-03-2018 at 5:53 PM.
    You never know how far you can go until you go too far.
    • Jamran
    • By Jamran 12th Mar 18, 1:31 PM
    • 42 Posts
    • 6 Thanks
    Jamran
    • #4
    • 12th Mar 18, 1:31 PM
    • #4
    • 12th Mar 18, 1:31 PM
    Hi all. Just an update. Gladstone's have emailed me back with a document to fill in. It's titled "PRE-ACTION PROTOCOL FOR DEBT CLAIMS Redraft spring 2015"

    What shall I do? Any advice please?
    Last edited by Jamran; 12-03-2018 at 6:29 PM.
    • KeithP
    • By KeithP 12th Mar 18, 1:53 PM
    • 7,261 Posts
    • 6,782 Thanks
    KeithP
    • #5
    • 12th Mar 18, 1:53 PM
    • #5
    • 12th Mar 18, 1:53 PM
    Hi all. Just an update. Gladstones have emailed me back with a document to fill in. It's titled 'PRE-ACTION PROTOCOL FOR DEBT CLAIMS Redraft spring 2015'.

    What shall I do? Any advice please?
    Originally posted by Jamran
    No idea.
    You have not given enough information to work on.

    Why don't you show us what you have received?

    I note you state 'Redraft spring 2015', but please note there is a October 2017 Pre Action Protocol for Debt Claims - linked from post #1 of the NEWBIES FAQ sticky thread.
    Last edited by KeithP; 12-03-2018 at 2:02 PM.
    .
    • Umkomaas
    • By Umkomaas 12th Mar 18, 2:11 PM
    • 17,648 Posts
    • 27,902 Thanks
    Umkomaas
    • #6
    • 12th Mar 18, 2:11 PM
    • #6
    • 12th Mar 18, 2:11 PM
    Hi all. Just an update. Gladstone!!!8217;s have emailed me back with a document to fill in. It!!!8217;s titled !!!8220;PRE-ACTION PROTOCOL FOR DEBT CLAIMS Redraft spring 2015!!!8221;

    What shall I do? Any advice please?
    Originally posted by Jamran
    Please switch off your 'Smart Punctuation' on your iPhone/iPad to avoid clogging up your posts with !!!!8820 and the like.

    Go to 'General' > 'Keyboard' > 'Smart Punctuation' and flick the switch off.

    Switching off seems to have no negative affect on any other use of the keyboard.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Jamran
    • By Jamran 12th Mar 18, 3:49 PM
    • 42 Posts
    • 6 Thanks
    Jamran
    • #7
    • 12th Mar 18, 3:49 PM
    • #7
    • 12th Mar 18, 3:49 PM
    I received this

    https://www.dropbox.com/s/64k18z9rhekh4hp/PRE-ACTION%20PROTOCOL%20FOR%20DEBT%20CLAIMS%20Redraft% 20spring%202015.pdf?dl=0
    Last edited by Jamran; 12-03-2018 at 4:58 PM.
    • Umkomaas
    • By Umkomaas 12th Mar 18, 4:01 PM
    • 17,648 Posts
    • 27,902 Thanks
    Umkomaas
    • #8
    • 12th Mar 18, 4:01 PM
    • #8
    • 12th Mar 18, 4:01 PM
    Link doesn't work.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Jamran
    • By Jamran 12th Mar 18, 5:00 PM
    • 42 Posts
    • 6 Thanks
    Jamran
    • #9
    • 12th Mar 18, 5:00 PM
    • #9
    • 12th Mar 18, 5:00 PM
    Try again. Apologies

    https://drive.google.com/open?id=1svicr88kkI5uML6A9RWdV5ABOG3j52Uw
    Last edited by Jamran; 12-03-2018 at 5:02 PM.
    • Quentin
    • By Quentin 12th Mar 18, 5:47 PM
    • 35,623 Posts
    • 19,852 Thanks
    Quentin
    You have received a lbcca


    The newbies faq thread #2 covers court claims from receipt of this letter right through to the hearing


    Go there now to see the section on how to deal with a LBCCA
    • Jamran
    • By Jamran 12th Mar 18, 6:28 PM
    • 42 Posts
    • 6 Thanks
    Jamran
    You have received a lbcca


    The newbies faq thread #2 covers court claims from receipt of this letter right through to the hearing


    Go there now to see the section on how to deal with a LBCCA
    Originally posted by Quentin
    I received the LBCCA letter already hence the reason I started this thread. Why are they sending me another one again? I responded to the original LBC letter and they've sent me the same thing in reply? How does that work?
    • Jamran
    • By Jamran 13th Mar 18, 2:27 PM
    • 42 Posts
    • 6 Thanks
    Jamran
    Anyone? Would appreciate a response
    • KeithP
    • By KeithP 13th Mar 18, 2:41 PM
    • 7,261 Posts
    • 6,782 Thanks
    KeithP
    There is no Letter Before Claim there.

    Why does it start at page 9?

    Where is the page you mentioned earlier?
    The one you said stated "PRE-ACTION PROTOCOL FOR DEBT CLAIMS Redraft spring 2015"?
    .
    • nosferatu1001
    • By nosferatu1001 13th Mar 18, 4:05 PM
    • 2,516 Posts
    • 3,081 Thanks
    nosferatu1001
    If you have received yet another LBCCC then its either
    incompetence
    OR
    malice

    You dont need to think too hard to know what to do - you respond, noting their "new" LBCCC of X date, and refer to your confusion at receiving one given you had responded to their LBCCC of Y date on Z date and enclose a copy for their records.
    • Jamran
    • By Jamran 14th Mar 18, 6:12 AM
    • 42 Posts
    • 6 Thanks
    Jamran
    There is no Letter Before Claim there.

    Why does it start at page 9?

    Where is the page you mentioned earlier?
    The one you said stated "PRE-ACTION PROTOCOL FOR DEBT CLAIMS Redraft spring 2015"?
    Originally posted by KeithP
    Just realised that now you mentioned it. I've no idea. That's the file they sent via email. That's the name of the file: "PRE-ACTION PROTOCOL FOR DEBT CLAIMS Redraft spring 2015"
    • Johnersh
    • By Johnersh 14th Mar 18, 8:43 AM
    • 1,037 Posts
    • 2,000 Thanks
    Johnersh
    I've not seen copies of the documents, but it sounds like the original letter of claim has been identified as defective, so they've sent another, this time including the form that should've been sent in the first place.

    I would always draft my own letter of response, not specifically to state what your defence is likely to be, but to request all relevant documents and to make clear (where appropriate) that the claimant has failed to set out accurately the basis for their claim.

    There's no harm in filling out the reply form, but be careful. Do NOT fill out the financial statement (unless you plan on asking to pay by installments on grounds of impecuniosity).

    As said on other threads, look at the protocol (which they won't have sent to you) and don't hesitate to highlight any non compliance.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • Johnersh
    • By Johnersh 14th Mar 18, 8:45 AM
    • 1,037 Posts
    • 2,000 Thanks
    Johnersh
    The forms will no probably start on p.9 as they are found as an appendix to the protocol. They've sent you the forms (as required) but not a copy of the rules (which theyre not required to provide).
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • Jamran
    • By Jamran 15th Mar 18, 6:13 AM
    • 42 Posts
    • 6 Thanks
    Jamran
    I've not seen copies of the documents, but it sounds like the original letter of claim has been identified as defective, so they've sent another, this time including the form that should've been sent in the first place.

    I would always draft my own letter of response, not specifically to state what your defence is likely to be, but to request all relevant documents and to make clear (where appropriate) that the claimant has failed to set out accurately the basis for their claim.

    There's no harm in filling out the reply form, but be careful. Do NOT fill out the financial statement (unless you plan on asking to pay by installments on grounds of impecuniosity).

    As said on other threads, look at the protocol (which they won't have sent to you) and don't hesitate to highlight any non compliance.
    Originally posted by Johnersh
    So is it a case of me submitting the defence I sent to them originally again? Or would I add anything more?
    • Johnersh
    • By Johnersh 15th Mar 18, 6:29 AM
    • 1,037 Posts
    • 2,000 Thanks
    Johnersh
    I think I would send a letter enclosing the earlier letter of response and highlighting any claimant failures to comply with the protocol/provide disclosure - with or without the forms provided.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
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