Letter before action

[NeedAdvice]

I'm in dispute with a private individual and have been told that I need to use mediation before going to the small claims court, I've spoken to the person twice and on the last occasion he slammed the phone down on me, after speaking with the CAB about this they have advised me to use a mediation company who will work between us both and try and resolve the matter without going to court.

Spoke with a mediation company last Friday but they won't helpful in what to include in a Letter before Action, so I'm asking if there are any templates out there that could be of us or does anyone have any advice on how to word such a letter, I've never had to do this before so I'm absolutely hopeless and feel like I'm banging my head against a brick wall.

Any help, no matter how small would be gratefully appreciated, thank you.

[ncf355]

Re: Letter before action

Can you give more idea what the debt relates to (obviously without naming companies/people/yourself) etc

That might help us to help you

[teaboy2]

Re: Letter before action

We need to know what the dispute ins and outs are, as letters before action are very specific - Hence why there's no decent templates.

[mystery1]

Re: Letter before action

http://www.justice.gov.uk/courts/pro...action_conduct

Before starting proceedings –
(1) the claimant should set out the details of the matter in writing by sending a letter before claim to the defendant. This letter before claim is not the start of proceedings

Simple. Explain why you are going to take them to court ad what you are looking for. A stranger should be able to read that and have a fair understanding of the dispute and remedy sought.

The response should normally be asked for within 14 days but if it's complex or involves 3rd parties such as insurance companies then longer.

You should offer alternative dispute resolution even if you don't think it'll help or they'll agree.

You should list the documents you are going to rely on and to be super smart send them copies to give zero wiggle room.

2. Claimant’s letter before claim2.1 The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –
(1) the claimant’s full name and address;
(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable);
(3) a clear summary of the facts on which the claim is based;
(4) what the claimant wants from the defendant; and
(5) if financial loss is claimed, an explanation of how the amount has been calculated.
2.2 The letter should also –
(1) list the essential documents on which the claimant intends to rely;
(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;
(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and
(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.
2.3 Unless the defendant is known to be legally represented the letter should –
(1) refer the defendant to this Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction; and
(2) inform the defendant that ignoring the letter before claim may lead to the claimant starting proceedings and may increase the defendant's liability for costs.

M1

[NeedAdvice]

Re: Letter before action

That is great mystery1 and thanks for the link, a good explanation on what's needed.

ncf335 & teaboy2, the dispute is over a vets bill after another dog attacked mine and badly injured it, the defendant say they are only willing to pay 50% of the bill and no more, the Police didn't want to know nor did the local authority, as the bill is only £500 it's not something a solicitor is willing to pursue so it has to be the small claims court.

[enquirer]

Re: Letter before action

Who told you that you 'have' to use mediation?

Does the mediation company make any form of charge?

[teaboy2]

Re: Letter before action

That is great mystery1 and thanks for the link, a good explanation on what's needed.

ncf335 & teaboy2, the dispute is over a vets bill after another dog attacked mine and badly injured it, the defendant say they are only willing to pay 50% of the bill and no more, the Police didn't want to know nor did the local authority, as the bill is only £500 it's not something a solicitor is willing to pursue so it has to be the small claims court.

Was the other persons dog on a lead, and just as importantly, was your dog also on a lead? If neither dog was on a lead, then its likely to be equal liability. If yours was on a lead and the others was not, then you have them for not having control of their dog where they are then 100% liable. And if their and any local bylaws where the incident happened that require dogs to be kept on a lead, then you have them on that too.

[ncf355]

Re: Letter before action

Hi,

I'm assuming you have an independent witness to the attack, should it be required?


_________________________________________


LETTER BEFORE ACTION

Dear X,

I refer to the incident that took place on DATE at TIME in LOCATION whereupon your dog physically attacked my own dog, causing injuries that required veterinary assistance.

As you are aware from our previous contact I consider you, as the owner of the animal that made the attack, wholly responsible for the costs I have incurred.

As you have thus far failed to agree to pay all my reasonably incurred expenses in relation to the incident, I now give formal notice that should you not reimburse the full costs of £XXX.XX (as evidenced via the copy of the invoice attached) within 14 days from receipt of this letter (sent via recorded post), I shall commence legal action against you.

I sincerely hope this will not be required, but if court action becomes necessary I reserve the right to make this letter know to the court in relation to costs consideration for the legal action I take.

I await your prompt and positive response.

Yours sincerely,

X

[NeedAdvice]

Re: Letter before action

Who told you that you 'have' to use mediation?

Does the mediation company make any form of charge?

I was told that mediation was a prerequisite before going to the small claims court, it does say so on the government website.

[NeedAdvice]

Re: Letter before action

Was the other persons dog on a lead, and just as importantly, was your dog also on a lead? If neither dog was on a lead, then its likely to be equal liability. If yours was on a lead and the others was not, then you have them for not having control of their dog where they are then 100% liable. And if their and any local bylaws where the incident happened that require dogs to be kept on a lead, then you have them on that too.

Both dogs were of the lead but the other dog just grabbed mine out of the blue by it's neck and tried to kill him, there's no notices to say that dogs should be kept on the lead but one would think if a dog was capable of doing this it should be either on the lead or muzzled.

[NeedAdvice]

Re: Letter before action

Hi,

I'm assuming you have an independent witness to the attack, should it be required?


_________________________________________


LETTER BEFORE ACTION

Dear X,

I refer to the incident that took place on DATE at TIME in LOCATION whereupon your dog physically attacked my own dog, causing injuries that required veterinary assistance.

As you are aware from our previous contact I consider you, as the owner of the animal that made the attack, wholly responsible for the costs I have incurred.

As you have thus far failed to agree to pay all my reasonably incurred expenses in relation to the incident, I now give formal notice that should you not reimburse the full costs of £XXX.XX (as evidenced via the copy of the invoice attached) within 14 days from receipt of this letter (sent via recorded post), I shall commence legal action against you.

I sincerely hope this will not be required, but if court action becomes necessary I reserve the right to make this letter know to the court in relation to costs consideration for the legal action I take.

I await your prompt and positive response.

Yours sincerely,

X

No independent witness but the person walking the dog (not the owner) admitted at the time that his dog was to blame and was baffled why it attacked mine, since talking to the dog owner he has since changed his mind I believe.

The draft that you provided looks good, thank you and I much appreciate everyone's help and advice so far, you really are great people on this forum and I can't thank you enough.

[NeedAdvice]

Re: Letter before action

Just to add, any more advice on dealing with this matter would be more than welcome.

[ncf355]

Re: Letter before action

Not really sure what more we can give you

Send the above letter and see what response you get

If it goes to court, without an independent witness its your word against his but considering you have clear evidence of the attack via the vets bill that shouldn't be too hard

[NeedAdvice]

Re: Letter before action

Thanks, letter sent off today so will await a reply.