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Gladstones: Letter before Claim
crox
post Thu, 17 May 2018 - 11:36
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So the letter below came across my desk. The original charge notice was ignored by the driver at the time (company car, leased), as were the original letters.

Given I have plenty of other things to do, entering a defence on court action doesn't particularly thrill me. I understand that the contract is with the driver, but clearly have no wish for the company to be involved, but neither do I want to involve the driver.

Any valued advice greatly appreciated!
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post Thu, 17 May 2018 - 11:36
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emergencychimp
post Thu, 17 May 2018 - 12:29
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It's not compliant with PAP.

Reply with.

First, the alleged debt is disputed and any court proceedings will be vigorously defended.

Your letter before claim is defective as it does not comply with numerous requirements of the Practice Direction on Pre-action Conduct.

Please therefore provide a Letter Before Claim which complies with the requirements of the Practice Direction on Pre-action Conduct:

I confirm that I shall then seek advice and submit a Response as required by the Practice Direction.

Please ensure that someone does actually read and respond to this letter, providing the specific information relating to any court claim that you intend to make against myself as the defendant to the proposed legal proceedings. Please DO NOT send a generic letter in reply as to do so does not meet the requirements of the Practice Direction and will take this matter no further forward.

Please note, a refusal to comply with the Practice Direction will result in an immediate referral to the Solicitors Regulation Authority for breach of the Principles contained in the SRA Handbook version 8, published on 1st October 2013.

I trust this will not be necessary, and look forward to receiving a fully compliant letter before claim in due course.
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Redivi
post Thu, 17 May 2018 - 12:42
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The Practice Direction for Pre-action Protocol has been replaced by the Pre-action Protocol for Debt Claims

Gladstones, by the way, has no idea what this concerns

It never sees any of its client's paperwork unless a claim has been defended
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emergencychimp
post Thu, 17 May 2018 - 12:51
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Ah. My bad. I've seen Pre-action Protocol for Debt Claims banded about but didn't realize it replaced Practice Direction. Nothing can be too straightforward eh.
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crox
post Thu, 17 May 2018 - 13:57
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so replace The Practice Direction for Pre-action Protocol with Pre-action Protocol for Debt Claims, and we are good to go?!

Cheers
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Redivi
post Thu, 17 May 2018 - 14:38
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Yes
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