LBA and pre-action protocol

Speon

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Joined: Jul 2023

Posts: 8
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#1

LBA and pre-action protocol

9th July 2023, 20:02:PM

We have received a LBA. Do the claimants have to comply with pre-action protocol if they are individuals bringing action against an individual? They have given us 7 days to pay, however we dispute the amounts they are asking for, they have previously refused to provide us with their accounts showing what they are owed, and they haven’t provided any evidence for the inflated figures they are claiming.

Do they have to engage in any pre action protocol or can they just go straight to court? Thanks for any advice

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atticus

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Joined: Mar 2022

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9th July 2023, 20:18:PM

Writing a claim letter is part of all pre action protocols. If you dispute the claim, you should write a reasoned reply.

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
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SHORTCUTS

First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire

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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