solicitor fails to respond in good time

[fido69r]

Hello...I'm hoping that someone could kindly help me respond to this situation, whereby I got a letter from a solicitor, back in July this year claiming that I owed money to some payday loan company, of which I have no recollection. They said I had 14 days to respond before they took court action with NCCB, I assume. Therefore, under the provisions of Practice Direction - Pre Action Conduct - Annex A Section 4.2 (7) I requested the documentary proof of their Clients assertions of a Legal Obligation, to be provided to me within 40 days of the post marked date of my letter.

107 days later, they reply, and have not included all of the requsted information.... considering that I gave them a quite reasonable 40 days to do so. They have quite cheekily offered me 30 days to discuss the matter with them. can someone advise me from here... Have they failed to adhere to the provisions of the above Practice Direction. How should I respond to this?

Thank you.

[MIKE770]

Re: solicitor fails to respond in good time

ICO complaint?? maybe 40 days is up

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ICO complaint?? maybe 40 days is up == see what others suggest

care to name the solicitors and show relevant letters minus personal details

[fido69r]

Re: solicitor fails to respond in good time

Hi Mike...I don't think an ico complaint would be appropriate, as I am not their client. Basically, I responded to them within the 14 days as requested, and requested full documentation from their client within 40 days. They responded 107 days later, without the complete documentation requested. can I put this to bed. Don't the rules stipulate somewhere that a period of longer than 90 days in which to provide a full response will only be considered reasonable in exceptional circumstances?

[MIKE770]

Re: solicitor fails to respond in good time

]Access information complaint form - ICO



Use this form to report a concern that you have been unable to resolve with an organisation. If we think the organisation has not complied with its obligations, we ...

[Debt Camel]

Re: solicitor fails to respond in good time

so they haven't yet filed a claim?

what information have they provided and what is missing?

who is the payday lender? if you put in an affordability complaint to the original lender, not the solicitor or the debt collector, then you can probably forestall any legal action. See https://debtcamel.co.uk/

[fido69r]

Re: solicitor fails to respond in good time

moriarty law

[Debt Camel]

Re: solicitor fails to respond in good time

Moriarty Law are not a payday lender. Who as the original creditor?

[warwick65]

Re: solicitor fails to respond in good time

By the way, the response to their LBA if it was one, was somewhat outdated as Annex A went a while ago..

Is the new letter a LBA with forms to fill in etc?

What exactly did you ask for....

BTW [MENTION=3599]MIKE770[/MENTION] this wasn't a SAR therefore the Ico would not be relevant

[Diana M]

Re: solicitor fails to respond in good time

I got a letter from a solicitor, back in July this year claiming that I owed money to some payday loan company, of which I have no recollection.

Did that solicitors’ letter name the pay day loan company even if you have no recollection of doing business with them?

Di

[Diana M]

Re: solicitor fails to respond in good time

requested full documentation from their client within 40 days. They responded 107 days later, without the complete documentation requested

What documents were produced?

Why do you think they were incomplete?

What documents did you ask the solicitors to produce?

Maybe post the documents you received on this thread (with any personal details redacted so as not to identify you) so others can take a view before suggesting your next step.

Being slow to disclose documents is not an issue unless a county court claim has been issued.

Did you send a formal s77-79 CCA Request to the solicitor?

Di

[fido69r]

Re: solicitor fails to respond in good time

Hi, firstly I don't know what LBA stands for. Their client is MMF. I did ask for a more comprehensive list of proof from them, however they sent cca unsigned by me, a statement of account, a printed letter stating that the debt was sold to MMF, and a direct debit mandate which they want me to return. I have read the revised PAP, so Are you saying that pre-action conduct and protocols don't apply to a claimant, but does to a defendant? I don't wish to post documents online, redacted or otherwise, as these companies do read these forums.

[MIKE770]

Re: solicitor fails to respond in good time

LBA = Letter before Action

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Hi, firstly I don't know what LBA stands for. Their client is MMF. I did ask for a more comprehensive list of proof from them, however they sent cca unsigned by me, a statement of account, a printed letter stating that the debt was sold to MMF, and a direct debit mandate which they want me to return. I have read the revised PAP, so Are you saying that pre-action conduct and protocols don't apply to a claimant, but does to a defendant? I don't wish to post documents online, redacted or otherwise, as these companies do read these forums.

if requested then need to supply the inform asked for redacted, these companies are busy fleecing others and it makes no difference as long as you redact main info, help needed then how else can the site correctly advise on the situation, your next move?

[warwick65]

Re: solicitor fails to respond in good time

If you were asking about my comment . Pre action conduct and protocols apply to both parties however the version you sent which referred to Annex A is somewhat outdated and was revised quite a while before the present pre action conduct guidelines were released.

While it is true these companies so read the forums, the majority of letters appear to be template generated so as long as you remove bar codes, account numbers and names etc they are pretty much unidentifiable

In the past I have received template responses from creditors to letters I did not send I.e I sent letter A and had a response to letter B - the classic was where they said they would not provide what I asked for and the 3 letter process had no legal standing. I had sent nothing of the sort

[Debt Camel]

Re: solicitor fails to respond in good time

Their client is MMF. I did ask for a more comprehensive list of proof from them, however they sent cca unsigned by me, a statement of account, a printed letter stating that the debt was sold to MMF, and a direct debit mandate which they want me to return.

Right, so Moriarty Law are the solicitor, MotorMile Finance are the current creditor ...

BUT WHO WAS THE ORIGINAL PAYDAY LENDER?

Sorry to shout but you have been asked several times. The lender's name must be on the CCA agreement you were sent.

The CCA agreement would have been "unsigned" if you agreed to the loan online, this is normal and doesn't make the CCA invalid.

[fido69r]

Re: solicitor fails to respond in good time

I will get around to it, so apologies for the spared horses...just very busy...looking at the attached, at 5.2 it would appear to say differently about time limits for creditors response to pre-action correspondance...and this is up to date.

https://www.justice.gov.uk/courts/pr...ebt-claims.pdf