Helmsman UE Diary

[helmsman]

Re: Helmsman UE Diary

Have they actually started proceedings? Do you think this needs to now be considered for legal assistance? If so let me know and I'll sort our removal of posts into legal protected section and pass to Paul to look at.

For now, Paul is your best bet as it seems they're playing silly arses.

Hi,
Thanks for reply, no they have sent a letter just threatning but Paul has said I have to answer, thats why I thought the threat of litigation and priority ones cptuur? letter would stave them off. Also I have only had recons from 2001 & 2007. If it is ok I will send these for your perusal to confirm they are no good (hopefully) and take it from there.
Thanks

[Never-In-Doubt]

Re: Helmsman UE Diary

Have they actually started proceedings? Do you think this needs to now be considered for legal assistance? If so let me know and I'll sort our removal of posts into legal protected section and pass to Paul to look at.

For now, Paul is your best bet as it seems they're playing silly arses.

[helmsman]

Re: Helmsman UE Diary

Hi Niddy & I2D,
Letter dated 29/5 from Morgans Solicitors on behalf of Cabot. Despite previous correspondance from us (liars this is first letter) you have failed to settle this acc (thats true)I am obliged to respond to this letter by writing to the by virtue of the Practice Direction to the Pre action Protocols within the Civil Procedure rules 1998. If I intend to represent myself in any forthcoming legal proceedings,we can provide me with a copy of the practice direction contact within 1 month. Well thats SCARY NOT well it is really. I suppose threat of litigation would be appropriate but also as they have mentioned civil procedure rules would priority ones template be advisable as well.
Many thanks
Helmsman

Hi, Niddy,
Have sent you a pm regarding this post.

[Paul.]

Re: Helmsman UE Diary

3. Defendant’s acknowledgment of the letter before claim

3.1

Where the defendant is unable to provide a full written response within 14 days of receipt of the letter before claim the defendant should, instead, provide a written acknowledgment within 14 days.

3.2

The acknowledgment –
(1) should state whether an insurer is or may be involved;

(2) should state the date by which the defendant (or insurer) will provide a full written response; and

(3) may request further information to enable the defendant to provide a full response.


3.3

If the date stated under paragraph 3.2(2) of this Annex is longer than the period stated in the letter before claim, the defendant should give reasons why a longer period is needed.

3.4

If the defendant (or insurer) does not provide either a letter of acknowledgment or full response within 14 days, and proceedings are subsequently started, then the court is likely to consider that the claimant has complied.

3.5

Where the defendant is unable to provide a full response within 14 days of receipt of the letter before claim because the defendant intends to seek advice then the written acknowledgment should state –
(1) that the defendant is seeking advice;

(2) from whom the defendant is seeking advice; and

(3) when the defendant expects to have received that advice and be in a position to provide a full response.


3.6

A claimant should allow a reasonable period of time of up to 14 days for a defendant to obtain advice.


Back to top
4. Defendant’s full response

4.1

The defendant’s full written response should –
(1) accept the claim in whole or in part; or

(2) state that the claim is not accepted.


4.2

Unless the defendant accepts the whole of the claim, the response should –
(1) give reasons why the claim is not accepted, identifying which facts and which parts of the claim (if any) are accepted and which are disputed, and the basis of that dispute;

(2) state whether the defendant intends to make a counterclaim against the claimant (and, if so, provide information equivalent to a claimant’s letter before claim);

(3) state whether the defendant alleges that the claimant was wholly or partly to blame for the problem that led to the dispute and, if so, summarise the facts relied on;

(4) state whether the defendant agrees to the claimant’s proposals for ADR and if not, state why not and suggest an alternative form of ADR (or state why none is considered appropriate);

(5) list the essential documents on which the defendant intends to rely;

(6) enclose copies of documents requested by the claimant, or explain why they will not be provided; and

(7) identify and ask for copies of any further relevant documents, not in the defendant's possession and which the defendant wishes to see.


4.3

If the defendant (or insurer) does not provide a full response within the period stated in the claimant’s letter before claim (or any longer period stated in the defendant’s letter of acknowledgment), and a claim is subsequently started, then the court is likely to consider that the claimant has complied.

4.4

If the claimant starts proceedings before any longer period stated in the defendant’s letter of acknowledgment, the court will consider whether or not the longer period requested by the defendant was reasonable.

Those are the most important parts when responding to a letter of claim

of course you may also want to look at the Claimant provisions in para 2 above that to see if their letter of claim complies with the Protocol too

[helmsman]

Re: Helmsman UE Diary

What they have sent you is a letter of claim it seems, albeit something of a lame attempt, it should be dealt with as a formal letter of claim.

You are obliged to reply, if you do not then it can have adverse costs consequences, infact it could even leave you winning a case but having to pay the costs of the claim on the basis that you didnt reply. So its very very important.

The best thing to do is read the practice direction which can be found here PRACTICE DIRECTION – PRE-ACTION CONDUCT - Civil Procedure Rules

Read Annex A para 4 as that covers defendants reply

Thanks Paul,
Will read it through,

[Paul.]

Re: Helmsman UE Diary

Hi Niddy & I2D,
Letter dated 29/5 from Morgans Solicitors on behalf of Cabot. Despite previous correspondance from us (liars this is first letter) you have failed to settle this acc (thats true)I am obliged to respond to this letter by writing to the by virtue of the Practice Direction to the Pre action Protocols within the Civil Procedure rules 1998. If I intend to represent myself in any forthcoming legal proceedings,we can provide me with a copy of the practice direction contact within 1 month. Well thats SCARY NOT. I suppose threat of litigation would be appropriate but also as they have mentioned civil procedure rules would priority ones template be advisable as well.
Many thanks
Helmsman

What they have sent you is a letter of claim it seems, albeit something of a lame attempt, it should be dealt with as a formal letter of claim.

You are obliged to reply, if you do not then it can have adverse costs consequences, infact it could even leave you winning a case but having to pay the costs of the claim on the basis that you didnt reply. So its very very important.

The best thing to do is read the practice direction which can be found here PRACTICE DIRECTION – PRE-ACTION CONDUCT - Civil Procedure Rules

Read Annex A para 4 as that covers defendants reply

[helmsman]

Re: Helmsman UE Diary

citi 1 cc
pre 2006
£
pre 2007
arrangement
default
DCA
CCA REQUESTED 11/10/2010
letter from cabot returning postal order £1 but have requested cca from citi approx 12 days.
letter cant find CCA yet but we should keep paying (certainly we will er no we wont) ;Spank
15/3/11 received from cabot a recon of cca? well 100 pages of statements t/cs nothing with any signature on.
letter to cabot 7/4/11 cca query missing prescribed terms.
letter 14/4/11 not accepting dispute from cabot. letter sent to niddy. niddy says ignore.
letter cabot 14/6/11 start paying or acc will progress to next stage of our cllection process. niddy says ignore
Letter to Cabot 23/9/11 Acc sold whilst in dispute.
Letter from Cabot contact them 3/10/11 or will move to next stage. (GO ON THEN TO NEXT STAGE).
letter 30/11/11 limited offer 30% discount or pay over 5 years emm let me think,ERR no cca cant enforce thru courts to they find what they do not have. NO THANK YOU.
Letter Cabot 15/12/11 you have not responded to our letters (LIARS) will progress to next stage.(well hurry up to next stage then and I will send the appropiate template)
Letter Cabot 12/1/12 last opportunity to agree payment before we move to pre litigation process.
LETTER CABOT 28/1/12 THREAT OF LTIGATION.
Letter to Cabot letter before action 30/1/12 see what they reply with?
Letter Cabot final response pay up have sent a good recon 3/2/12.
Letter 4/2/12 to Cabot refusal to accept UE.
Letter from Cabot have fully complied s78 s79 pay up.
Letter sent to Cabot refusal to accept UE general 29/2/12.
Letter Cabot start paying 7/3/12 (NO) will ignore and await nextletter.
Letter 31/3/12 start paying from cabot.
Sent 2/4/12 stop harrassing me.
Letter from Cabot escalated to pre litigation dept + usual threats rec 19/4/12.
20/4/12 Letter sent to Cabot Enough Is Enough hope this works.
Letter Cabot dated 25/4/12 make arrangement to pay or possible litigation debt collectors ect.
Letter Cabot 23/5/12 litigation threat will await letter from them
Letter Cabot 25/5/12 you are receiving help from internet which we believe unsuitable to your circumstances.

Hi Niddy & I2D,
Letter dated 29/5 from Morgans Solicitors on behalf of Cabot. Despite previous correspondance from us (liars this is first letter) you have failed to settle this acc (thats true)I am obliged to respond to this letter by writing to the by virtue of the Practice Direction to the Pre action Protocols within the Civil Procedure rules 1998. If I intend to represent myself in any forthcoming legal proceedings,we can provide me with a copy of the practice direction contact within 1 month. Well thats SCARY NOT well it is really. I suppose threat of litigation would be appropriate but also as they have mentioned civil procedure rules would priority ones template be advisable as well.
Many thanks
Helmsman

[Never-In-Doubt]

Re: Helmsman UE Diary



cheeky! You don't get if you don't ask though

[SaltnVinegar]

Re: Helmsman UE Diary

chuffin eejits

Oh yes!

I had a great template letter ping pong with Newmans which went on for approx 3 months exchanging template letters. I eventually wrote to them asking them to stop sending me stock responses, or refer the account back to their client.

Which they did!

[Never-In-Doubt]

Re: Helmsman UE Diary

That is completely hysterical. Did the above letter have a template reference number is small typeface either running up the side of the letter or on the bottom of the letter?

Because of course, DCA's don't use template letters either? DUH!

chuffin eejits

[SaltnVinegar]

Re: Helmsman UE Diary

Hi Niddy I2D,
Letter from Cabot dated 25/5/12 rec 30/5 saying I continue to raise same concerns reg 77/78cca they have responded. It would appear I am using standard templates from online source therefore they are cocerned we have been misadvised and they recommend I seek proper legal advice (I WILL PAULS IF THEY TAKE ME TO COURT) they will not enter into any further correspondence GOOD.
So will ignore and await next corespondence from them

That is completely hysterical. Did the above letter have a template reference number is small typeface either running up the side of the letter or on the bottom of the letter?

Because of course, DCA's don't use template letters either? DUH!

[Deepie]

Re: Helmsman UE Diary

Hi Niddy I2D,
Letter from Cabot dated 25/5/12 rec 30/5 saying I continue to raise same concerns reg 77/78cca they have responded. It would appear I am using standard templates from online source therefore they are cocerned we have been misadvised and they recommend I seek proper legal advice (I WILL PAULS IF THEY TAKE ME TO COURT) they will not enter into any further correspondence GOOD.
So will ignore and await next corespondence from them

Well that was there final responce..... I Would if it was me

[helmsman]

Re: Helmsman UE Diary

citi 1 cc
pre 2006
£
pre 2007
arrangement
default
DCA
CCA REQUESTED 11/10/2010
letter from cabot returning postal order £1 but have requested cca from citi approx 12 days.
letter cant find CCA yet but we should keep paying (certainly we will er no we wont) ;Spank
15/3/11 received from cabot a recon of cca? well 100 pages of statements t/cs nothing with any signature on.
letter to cabot 7/4/11 cca query missing prescribed terms.
letter 14/4/11 not accepting dispute from cabot. letter sent to niddy. niddy says ignore.
letter cabot 14/6/11 start paying or acc will progress to next stage of our cllection process. niddy says ignore
Letter to Cabot 23/9/11 Acc sold whilst in dispute.
Letter from Cabot contact them 3/10/11 or will move to next stage. (GO ON THEN TO NEXT STAGE).
letter 30/11/11 limited offer 30% discount or pay over 5 years emm let me think,ERR no cca cant enforce thru courts to they find what they do not have. NO THANK YOU.
Letter Cabot 15/12/11 you have not responded to our letters (LIARS) will progress to next stage.(well hurry up to next stage then and I will send the appropiate template)
Letter Cabot 12/1/12 last opportunity to agree payment before we move to pre litigation process.
LETTER CABOT 28/1/12 THREAT OF LTIGATION.
Letter to Cabot letter before action 30/1/12 see what they reply with?
Letter Cabot final response pay up have sent a good recon 3/2/12.
Letter 4/2/12 to Cabot refusal to accept UE.
Letter from Cabot have fully complied s78 s79 pay up.
Letter sent to Cabot refusal to accept UE general 29/2/12.
Letter Cabot start paying 7/3/12 (NO) will ignore and await nextletter.
Letter 31/3/12 start paying from cabot.
Sent 2/4/12 stop harrassing me.
Letter from Cabot escalated to pre litigation dept + usual threats rec 19/4/12.
20/4/12 Letter sent to Cabot Enough Is Enough hope this works.
Letter Cabot dated 25/4/12 make arrangement to pay or possible litigation debt collectors ect.
Letter Cabot 23/5/12 litigation threat will await letter from them

Hi Niddy I2D,
Letter from Cabot dated 25/5/12 rec 30/5 saying I continue to raise same concerns reg 77/78cca they have responded. It would appear I am using standard templates from online source therefore they are cocerned we have been misadvised and they recommend I seek proper legal advice (I WILL PAULS IF THEY TAKE ME TO COURT) they will not enter into any further correspondence GOOD.
So will ignore and await next corespondence from them

[helmsman]

Re: Helmsman UE Diary

citi 1 cc
pre 2006
£
pre 2007
arrangement
default
DCA
CCA REQUESTED 11/10/2010
letter from cabot returning postal order £1 but have requested cca from citi approx 12 days.
letter cant find CCA yet but we should keep paying (certainly we will er no we wont) ;Spank
15/3/11 received from cabot a recon of cca? well 100 pages of statements t/cs nothing with any signature on.
letter to cabot 7/4/11 cca query missing prescribed terms.
letter 14/4/11 not accepting dispute from cabot. letter sent to niddy. niddy says ignore.
letter cabot 14/6/11 start paying or acc will progress to next stage of our cllection process. niddy says ignore
Letter to Cabot 23/9/11 Acc sold whilst in dispute.
Letter from Cabot contact them 3/10/11 or will move to next stage. (GO ON THEN TO NEXT STAGE).
letter 30/11/11 limited offer 30% discount or pay over 5 years emm let me think,ERR no cca cant enforce thru courts to they find what they do not have. NO THANK YOU.
Letter Cabot 15/12/11 you have not responded to our letters (LIARS) will progress to next stage.(well hurry up to next stage then and I will send the appropiate template)
Letter Cabot 12/1/12 last opportunity to agree payment before we move to pre litigation process.
LETTER CABOT 28/1/12 THREAT OF LTIGATION.
Letter to Cabot letter before action 30/1/12 see what they reply with?
Letter Cabot final response pay up have sent a good recon 3/2/12.
Letter 4/2/12 to Cabot refusal to accept UE.
Letter from Cabot have fully complied s78 s79 pay up.
Letter sent to Cabot refusal to accept UE general 29/2/12.
Letter Cabot start paying 7/3/12 (NO) will ignore and await nextletter.
Letter 31/3/12 start paying from cabot.
Sent 2/4/12 stop harrassing me.
Letter from Cabot escalated to pre litigation dept + usual threats rec 19/4/12.
20/4/12 Letter sent to Cabot Enough Is Enough hope this works.
Letter Cabot dated 25/4/12 make arrangement to pay or possible litigation debt collectors ect.

Hi Niddy I2D,
Another letter from Cabot 23/5/12 Litigation Recovery Notice 7 days pay or else, Morgan Solicitors will contact us. As you can see they have had all the letters so I suppose I wait for Morgans to contact me and send threat of litigation to them if you agree thats the one to send.
All the best and many thanks.

[Deepie]

Re: Helmsman UE Diary

Yes helmsman I know what you mean,you just can't get the staff these days...

I'm not even on min wage......