Letter Before Action?

[cymruambyth]

Hi everyone.

Does a letter before action have to include anything specific?
I have an ongoing court case and whilst going over the paperwork I have found a letter that states:
'our client advises that you have ignored many requests for payment; they are now considering Court Action against you, unless you pay etc within 10 days.
Do not ignore, court action may increase amount owed plus court fees and costs.'?
This is the only reference to court action and was posted 16 days before court action began.
Thank you

[Amy]

Re: Letter Before Action?

A letter before action is a pre action protocol and should be a final warning that a court claim is imminent unless a resolution can be reached; it is a letter before action is commenced.

What did you expect it to say?

[cymruambyth]

Re: Letter Before Action?

I didn't know if it had to be more specific. They say considering court action .... unless you pay. I wasn't sure if proscribed terms had to be used or they had to say will or they had to statethat it was a LBA.
I'm just checking al angles

[Amy]

Re: Letter Before Action?

All they should do is be able to provide some evidence that they have tried to reach a solution and that court action is a final resort, which it would appear they have done.

[cymruambyth]

Re: Letter Before Action?

Thanks for the clarification; as I said I'm just going through all my papers whilst getting ready to complete a WS and looking for all possible ammo

[Amy]

Re: Letter Before Action?

This gives some more information PRACTICE DIRECTION PRE-ACTION CONDUCT - Ministry of Justice

[cymruambyth]

Re: Letter Before Action?

Thanks for the link.
Now the questions (sorry for my ignorance)
2.1 (5) if financial loss is claimed, an explanation of how the amount has been calculated just an amount mentioned
2.2
The letter should also –
(1) list the essential documents on which the claimant intends to rely; none supplied
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 not mentioned

How close do these have to be adhered to?

[Amethyst]

Re: Letter Before Action?

If they havent complied to the letter with preaction protocols it doesnt really matter to all intents and purposes, the court can just ask them to rectify matters or deam it isnt important, as they do tend to go with the common sense route as opposed to the strict technical route.

[cymruambyth]

Re: Letter Before Action?

Thanks for the information; this reading can be dangerous as it can make you think, which is even more dangerous:tinysmile_grin_t:

[Amethyst]

Re: Letter Before Action?

Absolutely agree, reads loads and understand, but always remember common sense usually manages to win :kiss:

[Chalkitup]

Re: Letter Before Action?

I had an interesting discussion on this point recently and where creditors write and say "may" or "might" take legal action then it is not a LBA.

On the other hand the first letter (usually) that debtors receive from Moorcroft says .......
"It is a legal requirement to send a notice of intended litigation before legal proceedings in the County Court are issued. We believe that this letter fulfils this requirement even if it is not actually read by you".

They underline and do the words in bold and I know that is the famous "even if not read by you" letter but it goes on to say "we may do this or may do that" however the first paragraph they write implies LBA.

And I was advised that .... ....... Therefore until such time as they confirm discontinuance/commence the action - then the matter is sub judice and the creditor will be liable to a complaint to the OFT if he or any debt collector acting on his behalf then contacts you for any other reason than to serve papers in connection with the intended action

[cymruambyth]

Re: Letter Before Action?

always remember common sense usually manages to win :kiss:

I'm glad you said usually because when it coms to DCAs and courts it certainly isn't always

[middenmess]

Re: Letter Before Action?

Template letter for LBA at...

[broken link removed]

No 'ifs' and 'maybes' there!

[cymruambyth]

Re: Letter Before Action?

Hi middenmass, fancy seeing you here. Thanks for the link; although latitude is given , I'm still not 100% that they have complied. However, haven read Chalkitup's comments I'll have to check all my letters from RW

[middenmess]

Re: Letter Before Action?

Hi-cymruambyth

So many well known mo****rs here it's just like being on t'other place but a lot quieter--but I'm sure that will soon change!