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does letter of claim has a validity period

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  • does letter of claim has a validity period

    Hi,

    hope everyone is well

    after a letter of claim is issued by the claimant for a claim (which I think comes under contract law), is there a period within which they will have to issue court proceedings?

    or can they sleep on it for however long they want and only issue the claim when they fancy?

    another way of asking this is, after issuing a letter of claim, is they a period after which they may have to issue another?

    the context is, a customer of our business issued a claim for refund through lawyers, we declined with reasons and we have not heard from their lawyers since then?

    but he has been messaging us directly...
    Tags: None

  • #2
    OK, so he is not paying lawyers and not following through on threats to take action. Just keep an eye on this, and be prepared to act if anything does happen.

    But no, there is no time limit other than the statutory limitation period.
    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

    Comment


    • #3
      thanks for the reply atticus , but he has been contacting us directly to establish some facts about the case.

      Given the situation, should we give him all the facts or not?

      we are interested to settle the matter out of court, but not sure the best way to deal with this..any advice please ?

      Comment


      • #4
        Originally posted by atticus View Post

        But no, there is no time limit other than the statutory limitation period.
        Hi atticus , I'v been reading about this, so if I understand correctly, as long as Letter of claim is issued within the statutory limitation period (6 years for contract law), then the clock stops and the claimant can indefinite time to file the claim with the court? is that right?

        Comment


        • #5
          I was reading https://www.justice.gov.uk/courts/pr...n_conduct#17.1

          and it seems the sending of Letter of Claim does not stop the clock? only once the claim is issued the clock stops. is my understanding correct?

          Comment


          • #6
            Originally posted by peeta View Post

            Hi atticus , I'v been reading about this, so if I understand correctly, as long as Letter of claim is issued within the statutory limitation period (6 years for contract law), then the clock stops and the claimant can indefinite time to file the claim with the court? is that right?
            No. that is not right. It is court proceedings that must be commenced before the limitation period expires.
            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

            Comment

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