Cabot financila (Vanquis CC) court summons is it too late to use CCA 1974?

[citizenB]

I think we said you need to have your defence in by 24th didnt we. I have just seen the dates they received the requests, If you havent received anything by tomorrow, you can probably put the holding/embarrassed defence in online so you can do that over the weekend online.

[hunni2006]

Have you got a defence ready ?

If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

I've been looking at some of the 'embarrassed' defenses I've seen on here, but to be honest... my poor head is starting to feel spangled, there's SO much information on here that I'm not sure I'm doing anything right at the moment!!!

 

IN THE NORTHAMPTON COUNTY COURTCLAIM NUMBER XXXXXXX

 

BETWEEN

BANK OF SCOTLAND PLC

Claimant

And

 

[DARCUS

Defendant

………………………………………………..

DEFENCE

………………………………………………..

 

 

1. 
   


1. 
   
2. I, [DARCUS] of [ FULL ADDRESS eg CONSUMER ACTION GROUP], am the defendant in this action and make the following statement as my defence to the claim made by Bank of Scotland Plc]
   
3. Except where otherwise mentioned in this defence, the defendant neither admits nor denies any allegation made in the claimant’s Particulars of Claim and put the claimant to strict proof thereof.
   
4. The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method used by the claimant to calculate any outstanding sums due, or any other matters necessary to substantiate the claimant's claim.
   
5. A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served . The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present.
   
6. It is averred that the claimant has no right of action until such time as the default is remedied and the claimant supplies the documents referred to in point 4 above.
   

 

The Request for Disclosure

 

1. 
   
   
   
2. 
   
3. Further to the case, in an attempt to ascertain what grounds the claimant is bringing this action and to allow the defendant to prepare a defence, on [DATE] the defendant requested the disclosure of information from the claimant pursuant to the CPR [18. OR 31]
   
4. The information requested amounted to copies of
   
   
   
5. 
   
   
   
6. 
   
   
   
7. 
   

    

    

    

    

   [*] In addition, a list of third party agencies to which personal data has been disclosed and a summary of the nature of the information disclosed and details of transactions, including charges, fees, and method of calculation interest, alleged repayments, were also requested.

   [*] To date the claimants have failed to accede to the request under the CPR and the defendant has not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested.

   [*] The CPR clearly set out that original agreements must be made available for inspection as set out in Practice Direction 32 which states that

    

   “13.1 Photocopies instead of original documents may be exhibited provided the originals are made available for inspection by the other parties before the hearing and by the judge at the hearing.”

    

   1. 
      

       

      The Request for Information under S 78 Consumer Credit Act 1974

       

      1. 
         

          

         The Requirements of the Consumer Credit Act 1974

          

         1. 
            

             

            Default Notice

             

            1. 
               

                

               AND the defendant

                

               1. 
                  

                   

                  Statement of Truth

                  I, [hunni], believe the above statement to be true and factual.

                  Signed

                  Date March 2009

                   

                   

                  I was thinking of adapting this one, but the POC on the claim form I received are so vague, they don't mention ANY documents... I'm a little lost atm to say the least ..

                  
                  
               2. 
                  
               3. seeks an order that the claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot be enforced following the claimant’s default in failing to supply a true copy of the executed credit agreement as required by S78 (1) of the Consumer Credit Act 1974.
                  
               4. Alternatively if the court decides not to strike out the claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the Civil Procedure Rules.
                  
               5. The defendant respectfully asks the permission of the court to amend this defence if or when the claimant provides full disclosure of the requested documents and allows inspection of the original documents.
                  
               
               
            2. 
               
            3. The claimants also state in their Particulars of Claim that a default notice has been served in accordance with s87 of the Act. It is neither admitted nor denied that any Default Notice in the prescribed format was ever received.
               
            4. S 87 of the Act clearly sets out that a default notice is a prerequisite before a creditor can become entitled to take any action in respect of a regulated credit agreement.
               
            5. Furthermore s 88 of the Act requires that a default notice must be in the prescribed form. The prescribed format for a default notice is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237).
               
            6. The Defendant puts the Claimant to strict proof that any default notice said document in the prescribed format was delivered to the defendant.
               
            7. The defendant puts the claimants to strict proof that allegedly sent was valid.
               
            8. Failure of a default notice to be accurate invalidates the default notice [Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255] which would prevent the court enforcing any alleged debt,
               
            
            
         2. 
            
         3. The claimants state in their Particulars of Claim that the claim is based upon “agreement(s) entered into between the Claimant and Defendant”. The Defendant believes that any such alleged account is regulated by the Consumer Credit Act 1974.
            
         4. Under S61 of the Act, any agreement regulated by the Act, must contain certain Prescribed Terms under regulations made by the Secretary of State under S 60(1). These prescribed terms are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553).
            
         5. The prescribed terms must be within the agreement and not in a separate document for it to be compliant with s60 (1). [Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299]. Further, if the agreement does not contain these terms in the prescribed manner and does not comply with s60(1), it is improperly executed and only enforceable by court order.[Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) ]
            
         6. In addition, any such regulated agreement must be signed in the prescribed manner both by the debtor and the creditor or owner, embody all the terms of the agreement, and be in such a state that all its terms are readily legible when presented for signature.
            
         7. The claimant has not supplied the defendant with a copy of the agreement which the claimant bases this claim upon.
            
         
         
      2. 
         
      3. On [DATE], the defendant requested that the claimants provide a true copy of the executed credit agreement, which they claim exists between parties, pursuant to section 78(1) of the Consumer Credit Act 1974 [the Act]. The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) sets out that the claimant must comply with such request in 12 working days of receipt of such request. Copies of the letter, proof of postage and proof of delivery are attached marked [“DARCUS/1”, “DARCUS/2” and “DARCUS/3”.]
         
      4. If a Claimant fails to provide a true copy of the executed credit agreement under S78 (1) of the Act, then S78 (6) states thathe is not entitled to enforce the agreement.
         
      
      
   2. 
      
   3. The claimants would be aware of the fact that they would need to be able to produce a copy of the original agreement should they ever need to take legal action to enforce the agreement. I request that the claimant makes available the original agreement between parties for inspection and all other documents that are referred to within the agreement.
      
   4. Without disclosure of the relevant requested documentation the defendant is not able to assess if he is indeed liable to the claimant, nor is he able to assess if the alleged agreement is properly executed.
      
   
   
8. the Agreement referred to in the Particulars of Claim
   
9. any default or termination notices
   
10. any notice of fair use of data as required by the Data Protection Act 1998
    
11. any other documents the Claimants seek to rely on in Court.
    

[hunni2006]

I think we said you need to have your defence in by 24th didnt we. I have just seen the dates they received the requests, If you havent received anything by tomorrow, you can probably put the holding/embarrassed defence in online so you can do that over the weekend online.

 

I can stop panicking then.... (for now)

 

thank you for all your help, This forum is amazing. there is no way I would ever be doing this by myself...

 

CAG - EMPOWERING THE PEOPLE!!!

 

going to sleep on this... (as the record goes!) and I'll be back in the morning. night all.

[hunni2006]

Even though you POC were incredibly vague if you read it carefully, they mention the account so you can ask for a copy of the agreement and they mention having purchased the account so you can ask for the assignment note.

 

Theoretically supporting documents would include the statement of account making up the sum they say you owe, T&cs, etc. So you are well covered. :grin:

 

You are a LiP (LItigant in Person) so you will be cut some slack.. either way, they cant do very much about it, :grin:

 

got it, that's clearer, thanks:-)

[Rhia]

Hello Hunni. Yes do ask for a copy of the deed of assignment as well as the Notice of Assignment. The deed is the sales agreement between the OC and Cabot. They really won't likeyou asking for this but it may throw up some important detail.

 

You can add it as an addendum to you original Part 18 and also you SAR. Hope this doesn't make you head ache even more but so far you have handled it well with good advice from CAG.

[hunni2006]

Hello Hunni. Yes do ask for a copy of the deed of assignment as well as the Notice of Assignment. The deed is the sales agreement between the OC and Cabot. They really won't likeyou asking for this but it may throw up some important detail.

 

You can add it as an addendum to you original Part 18 and also you SAR. Hope this doesn't make you head ache even more but so far you have handled it well with good advice from CAG.

 

Hi Rhia & thanks for your help.

 

I sent a CPR 18 off already, which was delivered to the solicitors on 05/06.

I've just re read it and I don't think the deed of assignement was included..

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

2. All records you hold on me relevant to this case, including but not limited to:

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Vanquis Bank Limited

c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

Would it be worth sending a further request?

[Rhia]

Hi yes just headline it clearly and state further to Part 18 this is an addendum and go on to request the deed of assignment and/or sales document (in truth they are one and the same) I would still add the bit about statement of truth even though it's repeating what you have already sent in original.

 

Have just had a quick scan of your thread They don't have anything do they? That Vanquis form is not an agreement. They are trying it on following the Rankine judgement (see elsewhere on CAG) which is totally flawed. The judge in this case said it was sufficient to produce a form and T&Cs but this totally flies in the face of the CCA and its Statutory Instruments and other High Court judgements.

 

I was talking to a barrister who said at some stage this Rankine nonsense will have to be challenged and overturned as it is a very poor judgement indeed but there was an agenda going on in court so don't you let it put you off.

[citizenB]

 

the POC says... the Claimant is part of the cabot financial group and has purchased the debt(s) scheduled below. Despite requests for payment the defendant has failed to pay the sum of XXXXXX in relation to the defendant's Vanquis Bank Limited Credit Card Account number xxxxx And the claimant calims the sum of XXXXX together with interest under section 69 of the County courts act 1984 and costs.

 

 

. However, the Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award:

 

· The general rule

 

2(3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974;

County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) - Statute Law Database

 

 

Right, ignore this post for a while I am just moving stuff so I have it all together

 

IMHO, the defence above is of no use to you. Parts of it might be but as you dont have information ie Default notice etc, then you shouldnt be getting too involved at this stage.

 

 

[hunni2006]

Hi yes just headline it clearly and state further to Part 18 this is an addendum and go on to request the deed of assignment and/or sales document (in truth they are one and the same) I would still add the bit about statement of truth even though it's repeating what you have already sent in original.

 

 

Does this look okay to send to the solicitors today?

 

Dear Sirs

 

CPR 18 - REQUEST FOR INFORMATION - ADDENDUM

 

Further to my CPR 18 request dated 04/06/09, In order to file a defence and counter claim I require some additional information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the deed of assignment and/or sales document with a copy of any proof of postage that you hold.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

 

Right, ignore this post for a while I am just moving stuff so I have it all together

 

IMHO, the defence above is of no use to you. Parts of it might be but as you dont have information ie Default notice etc, then you shouldnt be getting too involved at this stage.

 

 

 

Ok... I'll do some more reading and try put something together, will post up ASAP:rolleyes:

[citizenB]

This one should be ok. I have to go out for a couple of hours back later. As you are putting this online you are restricted to 8000 characters, this counts up at3930 the moment. so more can be added

 

 

I, HUNNI , of ADDRESS am the Defendant in this action and make the following statement as my Defence to the Claim made by Vanquis.

 

1. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

2. The Claimant’s Particulars of Claim disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to; the method the Claimant calculated any outstanding sums due, or any other matters necessary to substantiate the Claimant's claim.

 

b) A copy of the purported written agreement that the Claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the Claim Form.

d) The claimant did not send a Letter Before Action as required under the Pre-Action Protocols. (if they did send a letter before action, you need to remove this bit)

3. In an attempt to fully understand what grounds the Claimant is bringing this action and to allow the Defendant to prepare her defence the Defendant requested on DATE HERE the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the Claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by the Defendant and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Notice of Assignment required to give the Claimant a legitimate right of action.

 

4. To date the claimant has failed to comply with the Defendant’s request under CPR and since I am a litigant in person and considering the matters pleaded in this defence, I hereby request that the court orders the claimant disclose the documents requested in point 5 and how the figures are calculated and any details of charges levied against the account.

5. It has been confirmed via the Royal Mail Website that all the above letter was received and signed for.

6. I note the Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award:

 

· The general rule

 

2(3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974;

County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) - Statute Law Database (accessed 3rd June 2009)

7. Consequently, I deny all allegations on the Particulars of Claim and put the Claimant to strict proof thereof

 

8. I respectfully request a stay in proceedings until such time as the Claimant complies with the requests outlined in paragraph 3 above or until the Court orders its compliance with the same. I will then be in a position to file a fully particularised Defence and Counterclaim and will seek the Court’s permission to amend my statement of case accordingly.

 

HTH

[hunni2006]

Thank you :D This looks great!

[Rhia]

Hunni - yes to the addendum - good work. Let's go hunt some orc!

[hunni2006]

Hunni - yes to the addendum - good work. Let's go hunt some orc!

 

Thanks, will send it off 1st thing in the am for delivery monday.

 

CitizenB thank you so much for that defence:D I'm going to hold of until monday to file online just in case by some miracle I do get a response to either of my CPR requests... or do you not think that wise?

 

Today was the 14th day, so they haven't complied so far, I just thought it might be better to give a couple more days just in case...

[citizenB]

Thanks, will send it off 1st thing in the am for delivery monday.

 

CitizenB thank you so much for that defence:D I'm going to hold of until monday to file online just in case by some miracle I do get a response to either of my CPR requests... or do you not think that wise?

 

Today was the 14th day, so they haven't complied so far, I just thought it might be better to give a couple more days just in case...

 

Hi Hunni:D

 

Yes, hold it until Monday, it will also give others time to have a look at it and comment. Plus, if the other side do provide stuff, then you can see where you are at. Monday will the be the very limit though because if you are able to put in a full particularised defence then it is likely you wont be able to do it on line and will need to send it Special Delivery to get to the court by the 24th.

[k1mmie]

Please let me know how you get on with your case. I have just started down exactly the same road as yourself, and am interested to see how Cabot respond. All the best.

[hunni2006]

quick update...(and more questions...lol:rolleyes:)

 

postman came & went yesterday, no response to my CPR requests.... got a letter from cabot saying they are putting together a file of ALL data company holds on me in response to my SA request..... included this paragraph....

 

Please be advised that information such as your original credit agreement or statements may not be held on file by Cabot. In order to obtain this information we recommend that you contact the original lender, Vanquis, who will hold this as the original data controller.

• don't they need the agreement in order to be able to enforce it??
  

 

 

extract from letter from morgans solicitors dated 20/04

 

We write on behalf of CabotFinancial (UK) ltd with regards to your account. In order for you to fully understand and appropriately respond to this letter, we are providing you with the following information relating to your account:

a) Name of account holder: xxxxxxxx

b)original account number: xxxxxx

c)creditor: Vanquis

d)Date debt assigned to Cabot financial (uk) ltd: 2/07/08 (first I've heard of it)

e)Current outstanding Balance £xxxxx (this figure is £169.33 higher than the Moorcroft figure)

f) A notice of assignement has previously been sent to you (never seen one)

Your account is currently in default. (no default notice received) Despite previous correspondence you have failed to settle this account. Accordingley the outstanding balance is now payable immediately.

Should you wish to settle ...blah blah...

This is an important letter and you are obliged to respond to this letter by writing to us by virtue of the Practice Direction to the pre action protocols within the civil procedure rules 1998. If we do not receive a response within one month of the date of this letter, legal proceedings will be issued against you without any further notice or warning to you. If you intend to represent yourself in any forthcoming proposed legal proceedings, we can provide you with a copy of the Practice Direction upon request.

 

We are obliged to inform you that should you fail to comply with the practice direction the court has the power to impose sanctions, which may include cost sanctions.

 

 

• would this count as a 'letter before action' as in point d?
  

 

d) The claimant did not send a Letter Before Action as required under the Pre-Action Protocols.

 

CitizenB... thanks for the heads up... very interesting reading, and definitely makes me feel more hopeful! thanks. hunni

[hunni2006]

another quick question... as the solicitors have not replied to either my CPR 18 or CPR31.14 requests ( and I'm not expecting them to suddenly jump up & furnish info requested in the CPR18 addendum either) should I be writing to them telling them to get on with it or something?

[hunni2006]

Sorry...couple more questions... lol

 

3. In an attempt to fully understand what grounds the Claimant is bringing this action and to allow the Defendant to prepare her defence the Defendant requested on 04 June 2009 (CPR 18 request) and 13 June 2009 (CPR31.14 request) the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the Claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by the Defendant and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Notice of Assignment required to give the Claimant a legitimate right of action.

 

would it be okay to add the fact that they have ignored 2 CPR requests? or is that just overkill?

Also have sent off the addendum from earlier post for the deed of assignement.... though I'm not quite sure what that will throw up.

[Rhia]

Deed of assignment may well show if it has been correctly assigned. If not it's another line of defence but we won't know until we see what they've got.

[hunni2006]

Deed of assignment may well show if it has been correctly assigned. If not it's another line of defence but we won't know until we see what they've got.

 

thanks for that...

[citizenB]

In answer to your questions above...

 

Yes, they should have the contract in their possession before they start proceedings. But very few of them bother with a minor problem such as that

 

You can include all the requests for information you have made, IMHO it isnt overkill at all. They have started litigation. It is up to them to provide the information they are relying on. Unfortunately, you might not have sight of that until the court orders it. At all times though, you should have the right to amend your defence if and when information is provided.

 

Should it get to the stage where you are in court and information you havent seen is "discovered" then you must be very firm and ask for an adjournment to study the implications of it's appearance.

 

Good luck

[hunni2006]

many thanks... fingers flying over the keys as we speak....

[hunni2006]

would this count as a 'letter before action' as in point d?

post # 66 sorry... missed one... Edited June 22, 2009 by hunni2006
missed post no off... duh!

[citizenB]

post # 66 sorry... missed one...

 

apolgoies:p

 

We write on behalf of CabotFinancial (UK) ltd with regards to your account. In order for you to fully understand and appropriately respond to this letter, we are providing you with the following information relating to your account:

a) Name of account holder: xxxxxxxx

b)original account number: xxxxxx

c)creditor: Vanquis

d)Date debt assigned to Cabot financial (uk) ltd: 2/07/08 (first I've heard of it)

e)Current outstanding Balance £xxxxx (this figure is £169.33 higher than the Moorcroft figure)

f) A notice of assignement has previously been sent to you (never seen one)

Your account is currently in default. (no default notice received) Despite previous correspondence you have failed to settle this account. Accordingley the outstanding balance is now payable immediately.

Should you wish to settle ...blah blah...

This is an important letter and you are obliged to respond to this letter by writing to us by virtue of the Practice Direction to the pre action protocols within the civil procedure rules 1998. If we do not receive a response within one month of the date of this letter, legal proceedings will be issued against you without any further notice or warning to you. If you intend to represent yourself in any forthcoming proposed legal proceedings, we can provide you with a copy of the Practice Direction upon request.

 

We are obliged to inform you that should you fail to comply with the practice direction the court has the power to impose sanctions, which may include cost sanctions.

 

Hmmm, yes I guess it could be deemed to be a LBA. Did you receive any other letters after this one ?.. I am puzzled by all their references to Pre action protocols and Practice Directions.. One gets the impression they are writing to a solicitor rather than an ordinary person ?

 

Pretty obscure IMHO. Most of the LBA's I have received or have seen have normally given 7/14 days to respond.

 

They advise that legal proceedings will be commenced one month from the date of the letter. Was it one month? Or did you receive other letters in between this and the time they started the proceedings. ?

[hunni2006]

Hmmm, yes I guess it could be deemed to be a LBA. Did you receive any other letters after this one ?

nope.. no more letters

I am puzzled by all their references to Pre action protocols and Practice Directions.. One gets the impression they are writing to a solicitor rather than an ordinary person ?

me too... but I had never responded to anything... so maybe it was just to put the willies up me...

 

Pretty obscure IMHO. Most of the LBA's I have received or have seen have normally given 7/14 days to respond.

 

They advise that legal proceedings will be commenced one month from the date of the letter. Was it one month? Or did you receive other letters in between this and the time they started the proceedings. ?

the letter was dated 20 april, summons issued 22 may... no other correspondence:(

 

I'll leave that part out just in case then...lol