Letter Before Claim and Part 8 Claim Form

[Help74]

Good morning
I have recently sent my ex partner a Letter Before Claim regarding a beneficial share in her property, due to a substantial investment into the renovation costs and subsequent verbal agreement. She has not however acknowledged or responded to the letter within the timeframe. I had also previously sent her polite emails/text messages regarding the money owed to me but again received no acknowledgement. I have now been advised to issue court proceedings by completing a Part 8 form.

In aim of avoiding litigation, I was thinking of sending her a Final reminder, by post, but to ask a friend to deliver it directly and to take a picture as evidence of it being posted in the letter box, as I am sure she will just claim she never received it, if I issued court proceedings, would this be a good idea? Another thought I had, was to send her a letter, referencing that I had not received a response to my LBC and informing her that it was now my intention to issue a Part 8. I would also enclose all evidence etc. relating to my claim, which would also form part of my court application etc. I feel when she sees this, this would prompt her to act, before me proceeding to court action. If she does not respond to this, then I would have no choice than to apply to the courts. Would this be an option? .

I do not have the funds to enter into litigation, hence my thoughts above, any advice would be helpful as to what would be the best action to take? Many thanks.

[atticus]

Why have you been advised to use a Part 8 claim form? The Part 8 procedure is only for cases where there is no dispute about the facts. My guess is that the agreement that you say was made orally will be denied.

Also, what are you claiming: money or a share in the property?

By all means send a further letter by the means you suggest.

You may find our resources and guides for litigants in person helpful. Link in my signature, below.

[Help74]

Why have you been advised to use a Part 8 claim form? The Part 8 procedure is only for cases where there is no dispute about the facts. My guess is that the agreement that you say was made orally will be denied.

Also, what are you claiming: money or a share in the property?

By all means send a further letter by the means you suggest.

You may find our resources and guides for litigants in person helpful. Link in my signature, below.

My Solicitor has advised the Part 8 and although it was only a verbal agreement, I do have evidence supporting my claim (it is quite complicated). I am claiming a share of the property, however a Without Prejudice letter was also sent a couple of days after the LBC letter. This was an offer to settle with an amount less than what I would expect to receive if my claim was successful for the agreed share. Would you suggest a Final Reminder letter and copies of what has already been sent or a Final Reminder and the enclosed information/evidence which I plan to send the Courts? Many thanks

[atticus]

There can be no harm in sending copies of previous letters with a final reminder.

[Help74]

There can be no harm in sending copies of previous letters with a final reminder.

Would you recommend sending my evidence/full timeline with the Final reminder, in way of showing what would be sent to the courts with my claim form, if she is not prepared to mediate? I feel when she sees the supporting evidence she will not want to go to court.

[atticus]

You will have to judge what you are going to send in order to provide sufficient information to enable your claim and the reasons for it to be understood. If you feel that full information will lead to your claim not being contested, then why do anything less?