Hi there - professional negligence claim

[jonnyd85]

I have sent the letter and evidence off today and it should arrive tomorrow. Then I guess I just wait - what do I do if he doesn't respond?

[des8]

No response ..... then issue Letter before Claim warning court action imminent.

[jonnyd85]

No news yet and not heard a peep, but he's definitely had it since the 30th (I have the signature and everything!). Think that gives him to the 20th to acknowledge it. I'll draft up a Letter before Action to give him 14 days notice just so I'm ready when the clock ticks down

I do hate this waiting game - especially as I suspect you are right and I will get no reply.

[jonnyd85]

So, my draft looks something like..... Any thoughts des8 ?


Dear [Surveyor]

RE: [jonnyd's address] - Final Letter Before Action

I am writing because, despite issuing you with a Letter of Claim in line with the Pre-Action Protocol for Professional Negligence, received by you on 30th May 2019, I have received no Letter of Acknowledgement, nor any other communication from yourself, your professional indemnity insurer or anyone else acting of your behalf.

To remind you, the sum claimed is £YYYY. If no payment or further communication in line with the Pre-Action Protocol is received within 14 days of the date of this letter, then I will begin legal action without further warning to obtain a court order for payment. The costs of these legal proceedings and any other sums ordered by the court will be added to the total sum claimed.

If you wish to contact me to arrange payment, you may do so using my email address of ZZZZ.

Yours sincerely
[jonnyd]

[des8]

[jonnyd85]

des8 thanks for that. As I mentioned in my claim letter, I need to have the asbestos removed soon. I'm a bit concerned that if it gets to proceedings, I would need some kind of expert witness to have seen the asbestos. I did ask a surveyor, but he wanted 2K (!) and i don't think i could claim that back. But i have to have it taken out (it has gone a bit shabby and in any case the build has to start)

worried if this is going to be a problem?

[des8]

Take photographs and written confirmation from the licensed asbestos contractor you will presumably be employing.

[jonnyd85]

Ok will do. I've also got photos from the asbestos survey itself.

[jonnyd85]

Nothing having been received on day 21, I'll pop the other letter in the post and get a proof of posting tomorrow. I guess I should then start thinking about drafting up the claim for the court action?

Annoyingly the removal cost has gone up by a few hundred quid. My reading is that I'm now pretty much limited to my letter of claim, so I will write that off

[des8]

Your letter of claim is not the actual claim, so when you are about to file the claim, send a letter warning him, and at the same time advise him of the revised figure

[jonnyd85]

Ah, ok - thanks. I'll just add a sentence to the draft above

[jonnyd85]

Popped in the post - I also sent off a scanned copy to him by e-mail since I'm happy to get a reply by e-mail and would rather try and resolve this before court action. I know that wasn't necessary, but it made me feel better!

[jonnyd85]

Started filling in a draft claim on MCOL in anticipation so that I can just click submit on July 4th. Is there any guidance on what goes in the Particulars of claim, or is it just a rehash of my letter? Space looks restricted for entering details

[des8]

Details of what is required in a PoC can be found here: https://www.justice.gov.uk/courts/pr...es/part16#16.4

If there is not sufficient space you can always file & serve the PoC later by post (within 2 weeks I think there is a box to be ticked if you take this option)
This will allow you to post it up for review if you want.

If this is your first foray into the courts system you might find these useful: https://www.judiciary.uk/publication...-civil-221013/ and https://www.barcouncil.org.uk/media/...online_use.pdf

[jonnyd85]

Thanks for those links - this is very much my first time in the courts system, so I will review those carefully!