Chriwat Diary

[chriwat]

Re: Chriwat Diary

does living n Scotland make any difference? Jurisdiction and all that(clutching at straws lol)

[BuzzyBee]

Re: Chriwat Diary

does living n Scotland make any difference? Jurisdiction and all that(clutching at straws lol)

Yes it does, the Civil Procedure Rules (CPR) and pre-action conduct practice direction which are the basis of the usual response to a LBA do not apply in Scotland. The Scottish court system has its own rules.

Having said that, if what you got is a "pre legal assessment" from Lowell, that's not really a letter before action, just standard DCA bumph.

[BuzzyBee]

Re: Chriwat Diary

Also if you have used the template posted here: http://forums.all-about-debt.co.uk/s...l=1#post495044 that's way out of date, for example, "Annex A" mentioned on there was removed from the practice direction over a year ago so it no longer applies, not even in England and Wales.

[chriwat]

Re: Chriwat Diary

Really...is there an updated one as we were planning sending it tomorrow

[chriwat]

Re: Chriwat Diary

Still not sure how living in Acotland can help us guys and now unsure of next steps if LBA letter is out of date :-(

[Pixie]

Re: Chriwat Diary

What exactly does the letter say chriwat? Does it say they may or they will take legal action?

BTW there is an updated LBA but let's see if it's needed first.

Edit: as you only received the letter yesterday there isn't any rush to reply and there's no need to be worrying x

[nightwatch]

Re: Chriwat Diary

Also if you have used the template posted here: http://forums.all-about-debt.co.uk/s...l=1#post495044 that's way out of date, for example, "Annex A" mentioned on there was removed from the practice direction over a year ago so it no longer applies, not even in England and Wales.

if there is another can you point it out as I can't find one xx

[Pixie]

Re: Chriwat Diary

if there is another can you point it out as I can't find one xx

It's in AAD+ which BuzzyBee can't access NW.

[chriwat]

Re: Chriwat Diary

So letter is titled pre legal assessment...goes on to say 'having assessed our options we intend to take legal action to recover this debt if you do not contact us to agree a repayment option'

Then states what legal action means and then they would prefer to work with us

[chriwat]

Re: Chriwat Diary

And thanks again everyone for help, support and advice :-)

[Never-In-Doubt]

Re: Chriwat Diary

Also if you have used the template posted here: http://forums.all-about-debt.co.uk/s...l=1#post495044 that's way out of date, for example, "Annex A" mentioned on there was removed from the practice direction over a year ago so it no longer applies, not even in England and Wales.

Thanks - we rely on people telling us they're out of date, we simplified the LBA response several months back - at the bottom of the thread in the link you quoted above.

Here -> http://forums.all-about-debt.co.uk/s...l=1#post547530

Also, it says in post 1 to send the new version.

** I've deleted the out of date copy till I update it.

[Never-In-Doubt]

Re: Chriwat Diary

if there is another can you point it out as I can't find one xx

-> http://forums.all-about-debt.co.uk/s...l=1#post547530

[Never-In-Doubt]

Re: Chriwat Diary

does living n Scotland make any difference? Jurisdiction and all that(clutching at straws lol)

Yea, as this is +£5000 it's an Ordinary Cause - means we can help you via solicitor. Only small claims pose an issue.

On one hand being in Scotland is better as the threshold is £5k whereas in England it's £10k. Anyway, if & when they next respond let us know. I'd not bother sending an LBA response yet. I'm not sure if I've added a Scottish version so I'll check & revert back to you.

Try not to worry, you'll be alright.

[chriwat]

Re: Chriwat Diary

Thanks Niddy...so for now we will not respond and I'll keep you all posted when we next hear from them.
Again thanks for all the help guys :-)

[Never-In-Doubt]

Re: Chriwat Diary

I've asked Jo regards Scottish LBA. I can't find ours at the moment.

We'll come back to you. If I forget, remind me Friday by PM please.