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What is a reasonable response time from defendants solicitor?

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  • What is a reasonable response time from defendants solicitor?

    Hello

    I sent a Letter Before Action to a debtor who replied (after the 14 days I gave for a response) via a solicitor.

    The reply was basically a rehash of the defendants verifiably incorrect defence plus some solicitor hyperbole.

    I'm assuming I should reply to this response.

    How long should I give them (their solicitor) to reply before issuing a claim?

    Thanks
    Tags: None

  • #2
    Re: What is a reasonable response time from defendants solicitor?

    Is this to do with your loan of tools?

    What sort of reply do you intend to send?
    Are you looking to come to some form of agreement as per CPR objectives of pre action conduct and protocols?
    If so I would suggest at a minimum you give a response time of a further 14 days before initiating court action.
    You ave to give the solicitor time to contact his client and then write o you.

    Comment


    • #3
      Re: What is a reasonable response time from defendants solicitor?

      Same defendant. Same LBA. There were other debts listed in the letter before action ( for services and goods supplied) that were uncontested and promised to be paid.

      And then some that have been contested in the solicitors reply.

      Its frustrating that he is using the contested issues to avoid paying the uncontested sums, but I guess I must give them the 14 days as you suggest.

      If I disagree with the next reply, i.e reach deadlock, do I respond or just issue the claim?

      Edit: The response I intend to send is that his defence is clearly wrong as evidenced by emails he sent previously that contradict his current position.

      Comment


      • #4
        Re: What is a reasonable response time from defendants solicitor?

        i would be thinking of telling them that unless you receive constructive suggestions you will proceed with the issuance of court proceedings.
        If this is under £10,000 it is most likely going to be allocated to small claims, which will have ramifications for the solicitor and his fees.
        Possibly then the solicitor will try and enter into letter tennis as he will get paid per letter by his client (not all solicitors do this, but it is not unknown!)
        You don't want it to drag on, so take control!

        Comment


        • #5
          Re: What is a reasonable response time from defendants solicitor?

          Yes well under £10,000

          And now you've mentioned it, given the length of time this has dragged on, a bit of letter tennis at the defendant's expense would be a form of justice in its self!

          I'm saying that on the understanding that his fees are not recoverable.

          Thanks for your prompt response.

          Comment

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