Well well - LCS have just managed to respond by the skin of their teeth to my CPR 18 request with an interesting letter and a Notice of Change of solicitor -
They have said at the end that as to your letter dated 12 July 2011 (LEtter 3) they are instrcuted not to apply any credence to it - whats the feeling about this letter Ceylon or others! - suggestions realting to the comment above and the last comment underlined about that hey require a defence filed and served by my copyrighted nameOK THE LETTER
LCS The Omnibus Building | Lesbourne Road | Reigate | Surrey | RH2 7JP
Tel 0843 3200020 | Fax 0843 3200001
W xxxxxx Sxxxxxx Esq .. Please quote our reference in all Correspondence
19 July 2011
Claim No: _
1stCredit (Finance) Limited-v-
We enclose a Notice of Change of Solicitors by way of service upon you.
We note that you consider that you have a CPR part 18 request outstanding and that you require further time within which to serve a defence. ( Err well yes I do consider this is outstanding seeing as they didnt respond before today)
As to your request under Part 18, . we refer to your letter dated 4 July 2011 addressed directly to our client at a time when you were well aware that Messrs. Judge & Priestly were on record as acting for the Claimant (and so do i get a slap on the wrists for being naughty and writing to 1st crud).
The format of the request is familiar to us being one freely available on the usual internet debt forums (And your point is what exactly? Without the stars on these forums you scum bags would get away with murder!.
Rather than take the procedural point (what exactly do they mean by this),
we will respond to the questions raised and will use your numbering to respond.
1. You have been provided with the Agreement upon which we intend to rely. You acknowledged receiving it within your letter dated 8 March 2010. Our further letter dated 21 April 2010 refers.
2. You were advised that you were sent the default notice in May 2007. (They did state this in a letter yet no proof of postage has been received and they have never sent a copy of it.)
3. We are not obliged to provide this to you –
4(a) We are not obliged to provide copies of our recorded telephone conversations
4(b) We do not possess any information from Citi as to any manual intervention on this account. Should any such information come to light we will provide it under the usual rules as to disclosure.
4(c) We have no information as to insurance as our client would not have been the insurer in any event. If such existed then you as the insured should be able to obtain information from any insurer involved.
4(d) We are unaware of any collection charges added to the account. We will provide any such information if it becomes available.
4( e) We are unaware of any other agency charges and whether such have been added to the account. We will provide any such information if it becomes available.
4(f) we would refer you to Part 1 of Schedule 1 and to Schedule 2. Paragraph 6 (1) of the Data Protection Act 1998. Schedule 1, Part 1, of the Data Protection Act 1998 (the "DPA") sets out the first data protection principle: -
(End page 1)
(1) "personal data shall be processed fairly and lawfully,and, in particular, shall not be processed unless-
(a) at least one of the conditions in Schedule 2 is met, and
(b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met"
Schedule 2, Paragraph 6 of the Data Protection Act 1998: -
, (1) The processing is necessary for the purposes of . legitimate interests pursued by the data controller or by
the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any
particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.
We consider the interest of Debt Recovery a legitimate interest and 1st Credit Ltd being the third party to whom the data has been disclosed.
4(g) We supplied details of the account to Connaught Collections, Judge & Priestly, Experion, Callcredit and Equifax (So was it them I wonder that issued the default as it is them that shows on the credit file!)
4(h) We are not obliged to provide statements for the duration of the account. You have already been provided with the statements available for the period 11 April 2006 to 11 May 2007. Our Client's letter to you dated 30 July 2011 refers.
Paragraph mis-numbered 3 again at page 2. :"We will comply with the rules as to disclosure during this matter. .
As to your letter dated 12 July 2011 again sent directly to our client, we are instructed not to apply any credence to it by responding. –( Interesting comment now that they are in a Tacit Agreement with me.)
As to your defence, we are instructed to consent to an extension of time. As the original limit was to expire on 21 July 2011, (This is for the compliance with CPR 18– but have they given full compliance?? we will agree to an extension to 4 p.m. on 18 August 2011. If you require further time you will be required to make an application. With regard to the defence, we will require a defence filed and served by Wxxxxxx Sxxxxx. If it is served and signed by any other person or entity we shall require the appropriate Notice of Acting to be served and filed at the same time.
Principal solicitor R D Marr
LCS Solicitors is the legal division of I" Credit Limited, registered in England and Waits number 375294(}
Registered Office: Hill House, 1 Little New Street, London. EC4A 3TR