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Letter Before Claim - Deadline

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  • Letter Before Claim - Deadline

    I recently submitted a Letter Before Claim to a local home improvement firm in respect of some warranty issues. Simple precis being:
    1. Roof installed in November 2012, and subject to a 10-year warranty
    2. Roof started leaking in September 2022
    3. Warranty was transferred into my name (with written confirmation from the firm)
    4. Firm advised that the roof was non-defective and therefore not covered by warranty
    5. Independent contractor identified hole to roof and other issues caused by defective workmanship
    6. Original firm presented with findings and given chance to rectify
    7. No response
    8. Repairs undertaken at my own expense
    Following this I submitted a Letter Before Claim to the firm, giving them a 28-day deadline to respond, as I believe this is a fairly non-complex case. Their solicitor has written to me to advise that they will need time to respond, and will be requiring an additional three weeks. Interestingly enough, upon responding to this email, I received an Out Of Office response advising that the solicitor is now on leave until four days after the initial deadline, so I'm assuming this is an Annual Leave issue, rather than being caused by the complexities of the case.

    Would it be reasonable, in your opinion, to demand an extension to the deadline in circumstances such as this? Or is the other side, to use the technical term, trying it on?

    I want to bring the matter to a swift conclusion, and am minded to reject their request, but don't want to jeopardise my position if, on balance, it is likely to be seen as reasonable.

    Thanks!

    Edit:

    For context, this is a claim via the small claims track for approximately £2,200, so not the biggest claim in the world either.
    Tags: None

  • #2
    Wouldn't you rather have an idea of what the defence might be, or whether there is any chance of settlement, before rushing off to court?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      Wouldn't you rather have an idea of what the defence might be, or whether there is any chance of settlement, before rushing off to court?
      Definitely.

      Would you suggest that, if I reject the request for an extension, I'm more likely to receive no response whatsoever rather than have them respond in line with the letter?

      Comment


      • #4
        I rather assumed that if you were going to refuse you were going to be filing your claim at court straight away. If you are not, then what do you gain by not agreeing the 3 weeks?
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Hi Snudge 88

          If you submit a court claim don't expect a swift conclusion. 8 months is now the average time from submission to court hearing. It would be quicker to agree to adjudication with the defendant.

          Please read articles in rjevansroofing.com website regarding material and workmanship warranties. Interestingly they state that roofing problems caused by defective workmanship are likely to show in the first 2 years. Your roof went nearly 10 years before it leaked.

          If the contractor that inspected the roof and provided a report was the contractor that you paid to repair the roof, would the court regard the contractor as truly independent?

          Comment

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