Non-supply of information in accessible format for disabled person

[attilo]

If someone asks a DCA or solicitor to send copies of previous correspondence in large print and they ignore the request, what are the next steps one should take, other than repeating the request?

 

I’m having this nice treatment from HL Legal. I have had the problem with other companies before and let the matter drop, but this time I am minded not to do so, as I can sniff court if I’m not careful .

 

I asked for copies of not only their own letters to me, but also those from their client and their client’s previous agents (DCAs and solicitors). I know I am legally entitled to this service but do not know how to go about it.

 

And what if the solicitor proceeds with issuing a court claim without having acceded to my request, can that be used as an absolute defence – i.e. my ‘de facto’ not having received notice in a format accessible to me?

 

Thanks for help

 

Attilo Xaci

[rebel11]

Hi attilo

 

Here's some info:-

 

http://www.adviceguide.org.uk/england/discrimination_e/discrimination_about_discrimination_e/equality_act_2010_discrimination_and_your_rights.htm

 

http://www.equalityhumanrights.com/sites/default/files/uploads/documents/Old_Guidance/PDFS/Service_User/2_service_users_businesses_v1.pdf

[attilo]

Thank you Rebel. I am aware of the legislation but still unfortunately I do not know how to use it and my impairment makes it impossible to go through such long documents searching. Whilst I am of course grateful for your providing the links, I just don’t know what to do next w.r.t. HL Legal. So I would welcome answers to the specific points in the last two paragraphs of my first post from anyone with relevant knowledge / experience. I’ll hold back from asking further qq until I know better where I stand.

 

Anyone, please?

 

Thanks

[rebel11]

Hi attilo

 

On page 86,

 

Your choices

 

There are three things you can do:

 

a) Complain directly to the person or organisation.

 

b) Use someone else to help you sort it out (alternative dispute resolution).

c) Make a claim in court.

 

You do not have to choose only one of these. Instead, you could try them in turn.

Can you access that on the link?

 

 

Thank you Rebel. I am aware of the legislation but still unfortunately I do not know how to use it and my impairment makes it impossible to go through such long documents searching. Whilst I am of course grateful for your providing the links, I just don’t know what to do next w.r.t. HL Legal. So I would welcome answers to the specific points in the last two paragraphs of my first post from anyone with relevant knowledge / experience. I’ll hold back from asking further qq until I know better where I stand.

 

Anyone, please?

 

Thanks

[attilo]

Thank you, R.

 

As long as I know you and other peeps here can guide me through the process if it comes to court, I am happy to write to the solicitors again now. Should I make this a repeat request to give them chance to be reasonable or go straight to LBA? I am keen on the ADR side.

 

Am I safe to include their client's other infantrymen that they've set on me previously (various DCAs) or can they legitimately claim that I should deal with their client (a debt purchaser) ? Am slightly confused as to how much responsibility the debt purchaser's solicitor bears, though common sense suggests "full".

 

Attilo

[rebel11]

Hi attilo

 

Any court will want to see that you've tried to resolve the matter with the other party, also you can say that you've contacted them a few times, but they have ignored you. You will have your letters as proof and your receipts for Recorded Delivery as evidence. So, 'make this a repeat request to give them chance to be reasonable'. The creditor bears full responsibility, their DCA's are merely agents, the creditor is responsible for the DCA's actions.

 

Thank you, R.

 

As long as I know you and other peeps here can guide me through the process if it comes to court, I am happy to write to the solicitors again now. Should I make this a repeat request to give them chance to be reasonable or go straight to LBA? I am keen on the ADR side.

 

Am I safe to include their client's other infantrymen that they've set on me previously (various DCAs) or can they legitimately claim that I should deal with their client (a debt purchaser) ? Am slightly confused as to how much responsibility the debt purchaser's solicitor bears, though common sense suggests "full".

 

Attilo

[AndyOrch]

Thread moved to the appropriate forum.

 

Regards

 

Andy

[attilo]

Hello R

 

Sorry I haven’t responded sooner. This is due to not being well.

In my previous post I said I am keen on ADR side. In fact, I’m not, I don’t have much faith in the process, esp with solicitors as the Opposition.

 

So my plan is to remind HL that I want large-print copy of everything that they, the Debt Purchaser and all their previous agents have sent me. And in keeping with their own tradition, I will say ‘within ten days’. If they ignore or decline, can I safely proceed then to the LBA stage?

 

Yes, I know that that the creditor bears responsibility for their agents’ actions, but in this case I am asking the current agent – a solicitor – to be providing information not only from their client but also from their client’s previous agents – other solicitors and DCAs. I can well imagine they might tell me to go to their client for that.

 

Attilo

[rebel11]

All organizations have to adhere to the Equality Act 2010, that includes DCA's, solicitors etc.

[attilo]

Thread moved to the appropriate forum.

 

Regards

 

Andy

 

 

Andy, why have you moved me? This isn't about debt collection, it's about me preparing for to take legal action against a solicitor who are discriminating against me.

 

Thanks

 

Attilo

[attilo]

All organizations have to adhere to the Equality Act 2010, that includes DCA's, solicitors etc.

 

Yes, of course they do, but I was concerned that the current solicitor could simply redirect me to their client for info from previous agents since they [the solicitor] might claim not to be responsible for actions of previous agents.

 

And to repeat from my earlier post ...

 

So my plan is to remind HL that I want large-print copy of everything that they, the Debt Purchaser and all their previous agents have sent me. And in keeping with their own tradition, I will say ‘within ten days’. If they ignore or decline, can I safely proceed then to the LBA stage?

 

Attilo

[AndyOrch]

Andy, why have you moved me? This isn't about debt collection, it's about me preparing for to take legal action against a solicitor who are discriminating against me.

 

Thanks

 

Attilo

 

Because there is no litigation as yet...once you issue your claim I will move you to General Legal Issues.

 

Regards

 

Andy

[attilo]

Oh, I see. I thought that, because I am in effect preparing to litigate, that it was a legal matter. Never mind.

 

Could you perhaps kindly answer the question I posted yesterday afternoon please? ----

 

"So my plan is to remind HL that I want large-print copy of everything that they, the Debt Purchaser and all their previous agents have sent me. And in keeping with their own tradition, I will say ‘within ten days’. If they ignore or decline, can I safely proceed then to the LBA stage?"

 

Thank you

 

Attilo

[AndyOrch]

Im not aware if you can demand large print...certainly not a legal requirement nor a reason to litigate....if the print is legible enlarge it on your PC and re print.

 

Regards

 

Andy

Edited June 13, 2014 by Andyorch
Removed comment

[AndyOrch]

http://www.rnib.org.uk/services-we-offer-advice-professionals/equality-act-compliance

 

Regards

 

Andy

[attilo]

Thanks for comments – and link

 

I did not mean online material which, as you say, can be magnified, but posted material. It is normal for service providers to send large print and it is regarded as a duty under the Equalities Act. People can and do of course go to court when they have experienced discrimination.

 

My question was would it be a sensible path to now sent HL a reminder letter then, if no joy, an LBA, and then proceed to take action – presumably in small claims court?

 

Attilo