DP's Using in house solictors

Good evening,

I have been using the NOCA route with a DP, have sent all the notices and rebutted all their BS and everything seems to be going fine. I have done the SAR with OC, no credit agreement. The DP have said it's not needed, as they can 'reconstruct' the original CA.

It all went quiet but i have recently had a letter from their 'legal manager/solicitor', my 'account' is now with 'investigations and litigation dept' to look for possible litigation recovery. After 30 days 'account' will be 'considered' for the next stage which could be putting on notice that court proceedings may be brought.

My initial thoughts after reading the letter is its just them ramping up the fear using a different route. I know i need to rebut it but i want to be sure its done properly. Should i send them a copy of the NOCA's or are they trying to trap into making mistake and therefore ignorance is bliss?

Any help much appreciated.

Just to check, have you sent either notice 4 or alternatively the affidavit ?

This will in all probability be just a fear tactic. Remember you have attempted
on 3 occasions to settle the matter honourably ,and to date they have failed
to respond and are now in agreement that there is no debt .

Dont ignore anything ,just respond to that letter informing them that a tacit
agreement is in place due to the CEO's non response and acting in dishonour.

Thanks @daveiron

I have sent notice 4.

Thats good, What can they litigate for ,there is no controvesey.
They made a claim that you owe them a debt,you have attempted to settle it.

Keep us informed.

Hi, an update on this one. They have now sent a ‘letter before claim’. It seems as though they mean business. Any help much appreciated.

Seems like scare tactics.  As stated above you have attempted to
settle any alleged debt upon proof of claim. They have not provided it.
There is no justiciability as there is no dispute.
Also by their non response they have aquiesced that no debt exists,
as per your notice 4

I am presuming they have not addressed the contents of your notices.

Have you done a CCA request to the claimant? This is worth doing in addition to the DSAR because it collects different information, and because if they don't comply there's a statutory bar to pursuing the claim.

Thanks for the reply daveiron.

The letter they have sent does not address the contents of the 4 notices i have sent.

They are asking me to fill in a form that has different questions labelled BOX A to BOX I. They say that it is required by 'The Practice Direction on Pre-Action Conduct & Protocols contained in the Civil Procedure Rules' and have 30 days to respond.

Hi flyingfish.

No i haven't done a CCA request. Do you have any guidance on this please?

There's a template here ..
https://www.all-about-debt.co.uk/articles/free-templates/1496196-cca-request

But I suggest reading the CCA first to make sure you understand the section you refer to. Don't blindly cut and paste the template.
https://www.legislation.gov.uk/ukpga/1974/39/section/77
https://www.legislation.gov.uk/ukpga/1974/39/section/78

Section 77, 78 or 79 depends on what sort of debt is alleged, e.g. 77 for a loan, 78 for credit card.

As I have never had to defend in court,i can only state what I would do.

Follow the advice of FF regarding the CCA request. Have that at the top of your
response to their letter before claim.

I would then add in numbered paragraphs ,

I am in receipt of your letter requesting the pre action protocols and I will address
that in a timely manner . However should you decide to proceed at court with this
matter I will draw the courts attention to the following;

I have sent to you three notices requesting answers to specific questions regarding
the alleged debt. I will make known that despite your receipt of these notices to date
you have failed to respond .It will also be made known at court that the notices very
clearly stated that I am not refusing to settle any alleged obligation ,just seeking
clarification ,therefore there is no dispute and no justiciable controversy ,therefore
your claim would be wasting the courts time in an already overloaded system.

A copy of all notices will be presented at court & all of the questions contained
therein will be put to you at court.

Additionally I sent to you a forth notice as you have placed yourself in dishonour
by your total non response for the clarification requested. I am addressing this matter
with 'clean hands' and in honour and I am disappointed that you have failed in that
respect.

In my forth notice ,due to your failure regarding responses ,i answered  for you
with answers based upon my research into these matters.

You again failed to respond or rebut ,therefore as you are aware 'that which remains
unrebutted  stands at law'. 'Silence is aquiescence'

It will be made very clear at court that I have made every effort to settle any obligation I may have.

(dont copy / paste this ) its just a very rough guide of what I would respond with.
It would not hurt to revisit the links provided within the NoCA section.