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Letter Before Claim Demands Payment of Damages in 7 Days

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  • Letter Before Claim Demands Payment of Damages in 7 Days

    Hi, I am new to the forum and seeking assistance.

    On 22 July, 2021 an emailed Letter Before Claim (LBC) was sent to and received at my email address. No copy Letter was sent to my postal address.

    The LBC alleges harassment and is the first communication ever received from the Claimant.

    I responded immediately, asking the claimant to provide me with a postal address so that I could reply by post.

    In response, the claimant said I would receive the LBC by post and that the claimant's address would be included.

    Today, I received that LBC at my home address, without me having to provide my address to them. The claimant's address was included.

    The LBC sent to me by email on 22 July, 2021 required a response and payment of several thousand pounds within 21 days

    The postal LBC received today requires a response and payment within 7 days of the date of that LBC. The claimant had also increased the amount claimed by 2,000.

    In the postal LBC received today they say an earlier email was sent on 30 June and so I have known about the claim since then. I received no such email dated 30 June.

    The e-mailed LBC received on 22 July makes no mention of any email being sent to me on 30 June.
    Tags: None

  • #2
    Is the claimant a private individual acting on his own, a litigant in person, or are they employing a solicitor.

    You hint that you don't know what this is about so send a CPR 31.14 request to them to request alll the documents they will be using. Template on this page. The template is for debts so modify carefully for your case.

    If it were a business claiming then I would send a SAR to them.

    Comment


    • #3
      Originally posted by ostell View Post
      Is the claimant a private individual acting on his own, a litigant in person, or are they employing a solicitor.

      You hint that you don't know what this is about so send a CPR 31.14 request to them to request alll the documents they will be using. Template on this page. The template is for debts so modify carefully for your case.

      If it were a business claiming then I would send a SAR to them.
      The claimant is an individual acting on their own. They have been a solicitor for 6 years but have never practised as a solicitor. I do know what the matter is about.

      Would CPR 31.14 be relevant at this stage? The matter is at the LBC stage whereas CPR 31.14 appears to be applicable only in later stages.

      Comment


      • #4
        You can mention that the courts expect you to follow the overriding objective to narrow any differences between you. Just modify the template so that it is a response to a LBC where you have no knowledge of what they would lay before the court.

        Comment


        • #5
          That would seem a sensible option, thank you.

          The Claimant says the LBC was issued in accordance with the pre-action protocol and I do not want to breach any protocol. But there appears to be no pre-action protocol in harassment claims. Does that mean I should just follow what the Practice Directions say?

          The LBC makes it clear that if I do not pay the damages asked for by 30th July, they will proceed direct to the Country (sic) Court yet they are not seeking Injunctive Relief or any undertaking. They say they will be issuing a claim for defamation following the harassment claim. This can only be based on the same facts as the harassment claim, Can they really have two bites of the cherry?

          Comment


          • #6
            A claim for harassment can certainly run concurrently with a claim for defamation as they are separate offences.

            A claim for harassment is for damages for distress and anxiety.
            Where harassment involves the publication of material online there may be a separate claim for defamation.

            Comment


            • #7
              Normally for a claim they would have to show a loss. How are they calculating that loss?

              Comment


              • #8
                It might also be worth researching legal precedents with regards to 'defamation'.

                Here's some information ~(2018) - https://www.cripps.co.uk/wp-content/...tion-final.pdf

                Comment


                • #9
                  In my view, no sensible assistance can be given without sight of the LOC, unless, of course, Clair Voyant is online.

                  So my suggestion is to post up the LOC, suitably redacted

                  Comment


                  • #10
                    Thank you for your thoughtful replies.

                    As I was typing a response at around 10:45pm yesterday, I received communication from the claimant that a second claim is being made.

                    So I have decided my only choice now is to instruct a solicitor.

                    Thank you everyone for your help,

                    Comment


                    • #11
                      As previously mentioned you have given little information and made it difficult to help.

                      Comment

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                      SHORTCUTS

                      Pre-Action Letters
                      First Steps
                      Check dates
                      Income/Expenditure
                      Acknowledge Claim
                      CCA Request
                      CPR 31.14 Request
                      Subject Access Request Letter
                      Example Defence
                      Set Aside Application
                      Witness Statements
                      Directions Questionnaire
                      Statute Barred Letter



                      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                      NOTE: If you receive a court claim note these dates in your calendar ...
                      Acknowledge Claim - within 14 days from Service

                      Defend Claim - within 28 days from Service (IF you acknowledged in time)

                      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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