Spud's UE Diary

[Spud]

Re: Spud's UE Diary

Brachers? Who?

Sorry, who are these clowns? Never heard of them issuing N1's before.

Banks/DCA's get worse it seems - just use any old Tom dick or Harry.

I'd send Paul's letter above off and stop being clever with dates. Forget dates, post the letter mate

Dont worry - The letter (Pauls letter) is on its way to them ( Or will be this afternoon when finished!) - There is no dispute there. I am under no illusion that proactive management is the key here.

I have also just printed off a full SAR for AMEX which will be going this afternoon.

I was just researching the pre action protocol and happened to stumble on the date thing and thought I would explore the details.

Like I say its not a biggie but all too often the devil is in the detail and there could have been something in it that down the line could work in my favour. The date thing does not effect the letter that they are receiving - Just for my personal research really

There is not much about Brachers on the net but they have issued claims before and I am suspicious of the "New DCA letter" that almost complies and has an internal code reference of "LBA"

The little research that is out there seems to point to the fact that this is a Brachers "trademark trick"

Im not massively worried but getting my "house in order" as it were

[PlanB]

Re: Spud's UE Diary

i received a letter from Brachers with a fixed date of 3rd July to make full payment otherwise their unstructions are to issue legal proceedings against me

It is not headed as a LBA but research shows that Brachers dont seem to issue a titled LBA and try to issue litigation by stealth and suprise by disguising a LBA as a normal DCA introduction letter that essentially contains MOST of the pre action protocol

. . . . . I try not to ask where I can but because I could not arrive at a definative answer I thought I would ask the question.

You can never ask too many questions but you can ask too few. Nothing wrong in double-checking you've understood the position

A LBA doesn't have to be headed LBA in fact it's now known as a 'Letter Before Claim' in most cases. But if it's given a deadline for payment with a date and the time (usually 4 pm) then it means business.

If it was me I would drop everything and get that letter deepie suggested (in post # 171) in the post today so it arrives on Monday and makes its way onto the relevant solicitor's desk before 4 pm on Wednesday

[Never-In-Doubt]

Re: Spud's UE Diary

Brachers? Who?

Sorry, who are these clowns? Never heard of them issuing N1's before.

Banks/DCA's get worse it seems - just use any old Tom dick or Harry.

I'd send Paul's letter above off and stop being clever with dates. Forget dates, post the letter mate

[ken100464]

Re: Spud's UE Diary

Think the 7 day issue is muddying the water tbh.

Think if there is no reply from you by that date they will initiate. If you havnt replied Amex wont have told them anything. So they will proceed even if the case is a load of poo. Because they have been told to and have no other information to tell them that its not as easy as they think it will be.

[Spud]

Re: Spud's UE Diary

Ken

Sorry just missed you post before my reply

I had sent them a proactive sold in despute/UE letter a few days ago and then obviously these have crossed in the post and they are beginning to escalate this.

Completely agree with your comments - Im typing up the letter now to get it off to them ASAP.

If they feel that it would be a walk in the park - I am in no doubt that they would then issue proceedings

A stich in time saves nine as it were

[Spud]

Re: Spud's UE Diary

Thanks Mrs D and Plan B

Sorry - I didnt make it clear.

Yes i received a letter from Brachers with a fixed date of 3rd July to make full payment otherwise their unstructions are to issue legal proceedings against me

It is not headed as a LBA but research shows that Brachers dont seem to issue a titled LBA and try to issue litigation by stealth and suprise by disguising a LBA as a normal DCA introduction letter that essentially contains MOST of the pre action protocol

I had been reading about pre action protocol and had seen a lot of reference to seven days to make good (Pay) as it were.

Strangly enough, This letter gives seven days to pay in full, But seven days from when the letter was written/Posted and not seven days from receipt.

It may not be a "biggie" but mud sticks as it were !!

I try not to ask where I can but because I could not arrive at a definative answer I thought I would ask the question.

[ken100464]

Re: Spud's UE Diary

IMO there is a time to waste time and there is a time not to waste time.

This is one of those times where a letter as per post 171 is needed otherwise Brachers who dont know you from Adam and will have little detail from Amex will see you just as a naughty person to be put on the naughty step.

Agree with Plan B. The theme that runs through the forums and the initiating of claims is consumers missing the important letter or not dealing with it. Not always but most are.

To do nothing or to delay here is inviting real solicitors to action what their clients have asked them to do.

[PlanB]

Re: Spud's UE Diary

I have today ( Crossed in the post) received another letter from Brachers that state " If full payment is not made by XXXXX Date at XXXX time then our instructions are to issue legal proceedings against you"

You previously quoted the solicitor's letter which gave you a specific date (not the number of days) by which payment must be received or else they will issue legal proceedings. I interpret that to mean they will do as they threaten on that date unless they get the money or a response to the LBA raising concerns by that date.

As far as I'm aware under CPR there isn't a prescribed number of days such as 7 or 14 from LBA to court summons.

[MrsD]

Re: Spud's UE Diary

OK Spud more info

who sent you the LBA

is it really an LBA or just a threatening stupid letter with a lot of threats and "mays" and "solcitors charges" and general guff or is it a real one from a proper dangerous solicitor

edit read back is it Brachers?

[Spud]

Re: Spud's UE Diary

Hi

Im just after a little bit of clarification if there is anybody in the "know"

I have received what in effect is a LBA that gives me 7 days to make full payment

Now they have given me 7 days from the day they wrote the letter and sent it, But obviously that does'nt give me 7 days to comply ( Think similar to default notices ect)

Is there any leverage in this? Should it be 7 days to pay from when I receive the letter?

I have read some information on this but cannot arrive at a definative answer

[Spud]

Re: Spud's UE Diary

Thanks SX - A good point well made

I'll just get everything in order here and get a letter off to them

[SXGuy]

Re: Spud's UE Diary

I think you are jumping the gun, i know you wish to be prepared but you havent actually been issued a claim yet?

[Spud]

Re: Spud's UE Diary

Thanks Deepie.... I really appreciate the help

I do remember reading that letter a few days ago and it struck a chord !!!! I even printed off a copy in readiness.....And now I will probably need it

Im going to read up on this, Especially the threads you highlighted and get the reply off monday morning ( Make it a good one!!!!)

I guess we will wait and see what their reply is before taking it any further.

I will start to look at all the paperwork I have regarding this account as I need to get myself in good order ect

I guess I am jumping the gun about the protected section? I only ask as I am a bit slow on the scanning/posting front ( Read crap on computers ) and have a number of docs that I could scan up ect so that i can get the arguments together. I am just concious that it will take me a bit of time to sort this out. Then again, I presume if they did issue proceedings, There is a fair amount of time to get things done ( 14 days) which doesnt seem much but is quite a bit of time really

[Deepie]

Re: Spud's UE Diary

You need to read a few threads here ....

-----> Letters of Claim

-----> Civil Litigation- a guide for those who are being sued.

and this is the letter Paul did but each case is different so you'll have to fill in the bit at the bottom.....



Dear Sirs

Re your letter dated 30th October 2012.

Thank you for your letter, the contents of which i have noted.

Since your letter clearly refers to the threat of litigation, i am treating it as a formal letter of claim albeit an entirely defective one.

I refer you to the Civil Procedure Rules pre action protocol practice direction, in particular Annex A and Annex B, you will note your letter fails spectacuralry to comply with either of the aforesaid Annexs.

Since you are a firm of solicitors, i cannot excuse such failures and place you on notice that any litigation on the back of this letter will result in an immediate application to the Court requesting the matter stayed with costs against you and your client on the indemnity basis. I refer you to Para 4.6 of the Practice Direction which explains the consequences of non compliance with the Pre action protocol.

Turning to the subject matter of your letter, this matter is subject of a dispute which has been raised with your clients representatives and therefore it would be appropriate before you threaten litigation for your clients client to actively deal with the issues which i have raised.

The main crux of my dispute is .................................................. ......

[Spud]

Re: Spud's UE Diary

AMEX UPDATE

I have replied to Brachers with a Sold in despute/Telephone harassment type letter as previously discussed.

I have today ( Crossed in the post) received another letter from Brachers that state " If full payment is not made by XXXXX Date at XXXX time then our instructions are to issue legal proceedings against you"

It states further on down " In the event payemnt is not received blah blah blah...Legal proceedings MAY then be commenced against you to recover .....

The letter ref at the bottom ( Their own internal ref) starts AMEXLBA XXXXXX

So, Given the reputation of this firm to issue proceedings in double quick time and without much real warning/ Not using titled LBA's ect ect - I think it would be prudent to treat this as a LBA - Even though it is not headed as such.

My gut feeling is that they are trying it on but also testing the water at the same time. If I didnt reply they would probably issue but If I came back with something solid, They would probably discontinue, Especially for an £850 debt. Im not overly worried - But I think this now needs to be treated with care

Anybody else think I am on the right track here? Ive not got to this stage before so I am a bit of a newby from here on in

So I may be jumping the gun here ( Feel free to shout at me ) but do you think it would be a good idea to start a post in the Protected section so i can prepare for this? ( Sorry I like to make sure ive got things square in my head at the earliest opportunity - Just the person I am )

Ive not sent AMEX a SAR yet ( Could'nt afford it) but I am thinking it would be useful at this stage and to do it sooner rather than later - Given the time they have to comply ( I will get the money from somewhere) in case it throws up some useful information.

Any thoughts or advice greatfully received