Letter Before Action?

[PocketTheDifference]

Re: Letter Before Action?

Hey, Just wanted to say croeso i Legal Beagles.

OpBC

[cymruambyth]

Re: Letter Before Action?

Diolch yn fawr

[Curlyben]

Re: Letter Before Action?

meddwl eich defaid yn awr

Out of interest, who's the Threat-O-Gram from ??

[cymruambyth]

Re: Letter Before Action?

Hi Curlyben

The threatogram was from Horwich Farrelly. They have gone to court and I'm just doing a WS and looking at all angels! Other letters have staed that they were LBAs so I was checking if they had failed to do somethng right!

defaid

[Godzilla]

Re: Letter Before Action?

Hi Curlyben

The threatogram was from Horwich Farrelly. They have gone to court and I'm just doing a WS and looking at all angels! Other letters have staed that they were LBAs so I was checking if they had failed to do somethng right!

defaid

Good morning cymruambyth

Well, as stated in the earlier posts here Practice Direction - Pre-Action Conduct is the protocol (CPR) that applies and should be adhered to by both parties before the claimant commences with proceedings.

The LBA is actually a Letter Before Claim, therefore the claimant should send such letter to the defendant (you) clearly stating what his dispute is, what he wants from you in order to resolve the matter/subject of the dispute and what he is going to do if you fail to respond adequately/positively.

So the claimant should title his said letter something along the lines of this:

THIS NOTICE IS SERVED UPON THE DEFENDANT PURSUANT TO CIVIL PROCEDURE RULE - PRACTICE DIRECTION - PRE-ACTION CONDUCT, RULE 7.1(1) AND ANNEX A 2.,2.1 AND 2.2

LETTER BEFORE CLAIM

The claimant should refer the defendant to ANNEX A Pre-Action Procedures, Rule 3. to 3.6 and Rule 4. to 4.4

He (the claimant) should also invite the defendant to discuss and negotiate his claim in accordance with Rule 8.2(1) ADR -(alternative dispute resolution) in order to attempt to resolve the claim/dispute without the need for proceedings to be commenced.

Both parties should exchange any documents that either party request from each other and this will or should give both parties a genuine opportunity to resolve the dispute, at the very least, it should be possible to establish what issues remain outstanding and that should narrow the scope of proceedings which in turn will limit potential costs.

I think you may find it somewhat difficult to ask the Court to assess the claimant's conduct, but it might be worth notifying the Court that the claimant has not made any real effort to discuss his claim with you before bringing this action.

I hope that will help you a little bit.

Kind Regards

Godzilla