Letter before action response

[Demeter]

Hello,

my oppositions solicitor has failed to respond to the letter before action for 6 week and is now demanding more time. This is a reasonably simple case, what is the best course of action at this point? I cannot accept that they are taking this seriously when they have gone over a month over the deadline and assume the court would agree?

[islandgirl]

Perhaps allow 7 more days and then say you will file proceedings with no further notification? At least the court will see you went out of your way to be reasonable...

[Demeter]

Hello Islandgirl,

i have continually been giving them '7 more days' As far as i can see there is no reasonable cause of a over 4 week breach of deadline, have i not already been reasonable? Is ignoring a deadline for 5 weeks not proof that they are not dealing with pre action properly? I just am hoping people here with more experience can reality check this for me because I do not think a further 7 days will result in a response ie, do solicitors do this all the time?.

[islandgirl]

Fair enough if you have previously given them written deadlines rather than just waiting once your initial deadline had passed. Hopefully you will get some other opinions here but I would do as previously stated if I were in your position.

[Demeter]

Hi,

I honestly don't understand legal organisations expecting extension after extension when it is their job to make sure they meet court deadlines. Do court deadlines not matter? have i got this wrong and it is soemething nobody at court bothers with, is the CPR not important? If i know that is the case then that is different.

[islandgirl]

As I understand it you are not "in court" yet but have merely issued a latter before action. I have done this in the past and received no reply and have given a final ultimatum before proceeding. If you think you have waited long enough then by all means start the process formally. It is just something I have always done when no response has been received. I have even sent copies of the paperwork ready to file in the past which has often got a response without the need to go to court though that is usually when chasing money! Let us know what happens whatever you decide to do.

[Demeter]

Thanks Islandgirl, will do!