Wedding Supplier - COVID-19

[Rorrryyy]

Just noticed something strange in the reply I received from the solicitor - it looks like they have altered the date of the email I sent them 19 June, the solicitor appears to have changed this date in the email trail to 09 July in the date and time stamp of that email. Do you think this is to make it look like they have responded in a timely manner, rather than the 28 days which it took to get a response?

[Celestine]

Possibly, although unlikely as such conduct would be a very serious matter. More likely incompetence due to the large number of claims being processed.

[Rorrryyy]

So I replied to their 01 June email on 19 June, as I had not received a response, I sent a follow up email 09 July. I received this reply 14 July "I am currently taking instructions and will revert as soon as I am able."

Then 17 July, I finally received a response to my 19 June email - however, curiously the 09 July & 14 July emails were not showing in the trail. More worryingly my 19 June email was showing as sent 09 July. It looks as though she has been removing emails from the trail but leaving the wrong date stamp for the email which she left. I suppose my question is, why would she remove emails from the trail, or worse changing the date of an email I have sent?

This was her email 17 July, in response to my 19 June email where I offered to settle for an amount less than the full amount...

"You are aware that no correspondence should be sent to my clients directly including cheques.

You refer to the Law Reform (Frustrated Contracts) Act 1943 but fail to particularise which sections you seek to rely upon and how they are relevant to this matter, please now do so.

You also seek to threaten court proceedings without having served upon us a Letter Before Action in accordance with the Pre Action Protocol for Pre Action Conduct and Protocols. Please now do so and we will consider the basis of your claim once you have fully particularised it as required by the Civil Procedure Rules.

For the avoidance of any doubt, your suggestion that our client pay you £3,000 is not agreed."

Re The Letter Before Action...

I asked her to clarify the status of the business, with them not being a Ltd company. She declined to answers my request on whether business was a sole trader or partnership, and said I should revert to the contract, there is nothing in the contract of who owns the business. When doing a VAT search it shows the name of the chap who I dealt with. So am I right in thinking I would issue proceedings against "HIS NAME trading as COMPANY NAME" when I asked her to clarify if that is correct, this is what she has said...

"Unfortunately, you are incorrect. When a legal representative is instructed to act, correspondence must be addressed to that firm and not my clients. Your potential claim (which is without merit) must note my client as the potential defendant.

For the avoidance of doubt, I am not your legal representative. I suggest you refer to your contractual agreement with my client to determine the correct potential defendant.

Once again, we suggest you seek legal advice you can advise you further should you remain unclear."

So now I am really confused as to how I set out my Letter Before Action, who's name / address etc goes where?

As a side not I am also thinking about making a complaint to the law firm compliance / complaints department - I certainly would not expect a legal professional to be removing emails from a trail, or even worse changing the date of an email they were sent.

As ever any help will be hugely appreciated.

[Rorrryyy]

Celestine pt2537

This morning I have drafted my Letter Before Action - having never done one previously, I am unsure if the format is correct. Also issue around who the letter is addressed to, with not being Ltd company and the solicitor stating that it should be addressed to her. Also I believe the letter should have a subject title. I put this as "Re: Frustrated Contract due to Covid-19" again not sure whether or not that would be correct.

I have tried to keep it as factual and objective as possible - any advice of how I could improve my letter would be most appreciated.

[jaguarsuk]

That letter seems fine to me.

[pt2537]

A letter of claim needs to comply with the pre action protocol. A letter will normally be bespoke to the individual case, it will see out the background facts, what went wrong, why, who did what ,etc, and why you say you are entitled to money back.

The litter will need to ensure that it refers to ADR, what you require from the other side etc,

The protocol really does set out what is needed http://www.justice.gov.uk/courts/pro...action_conduct

[pt2537]

Within 14 days of receipt? Recipe for disaster, unless youre sending by registered post how do you know when it is recieved ?

Youre better setting a date

We require your response by 4pm on ....................... at which point we shall consider taking further action

for example

[Rorrryyy]

That letter seems fine to me.

Is the format fine, in regards of addressing to the solicitor, but mentioning the action would be against her client. His name, trading business name and address?

[Rorrryyy]

Within 14 days of receipt? Recipe for disaster, unless youre sending by registered post how do you know when it is recieved ?

Youre better setting a date

We require your response by 4pm on ....................... at which point we shall consider taking further action

for example

Yes good point around the date of receipt - as I am going to be sending by both post and email to the solicitor, then I will change the wording to show the date moved on 14 days from sending from sending the email, as you suggest by 4pm on that date.

Hopefully I have followed the pre action protocol - I have made reference that we are open to any forms of ADR. Also making attempts to negotiate, which would allow them to keep some of the money. Finally giving them the option to still fulfill the contract on an alternative date, should they change their mind and now want to do this.

[jaguarsuk]

Yes because whilst you are communicating with a solicitor that communication is about their client, being explicitly clear the action will be commenced against that client leaves no room for assumption.

[Rorrryyy]

Hello again guys - so, 4pm today was the deadline I set for a response to my letter before action...

Unfortunately I have not received any response from the defendants solicitor. What are my next steps now? I was really wanting to clarify my question around the ownership of the business prior to starting any claim, as they are not Ltd company, I was looking to establish whether they are a sole trader or partnership.

Is it worth sending their solicitor another email, asking if they are planning any response?

For clarity the Letter Before Action was sent directly to the solicitor, by email and also First Class post to her office address.

[Celestine]

I wonder if the solicitors are still acting for the firm? No harm in calling and checking it is the correct service address, otherwise if not you could send your correspondence direct to the firm.

[Rorrryyy]

I have sent the solicitor a further email - just pointing out that the clearly set out timeframe has now passed, and if she could confirm that you she is still instructed to act on behalf of the business...

[MeganOgden]

They generally work now without any sense of regret or compassion.I had a similar situation but almost as soon as I found out about this outcome I canceled my wedding and turned to a lawyer to terminate all contracts with suppliers. We realized that our Prayrs will not help us and we need to start trying to get out of this situation.We found a lot of forums and topics where everyone shared their stories as well as you and we got to deal with this problem.We also created a public site where many people were able to find answers to their questions and then they thanked us very much.

[Mattarono]

It's okay to me