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Not sure what to do next. I sent a letter before action stating all my gripes and was about to lodge my particulars of claim on line. However, I've now seen articles where they say the letter before action needs to contain a paragraph offering mediation, which I left out. Am I supposed to send yet another letter before action? Would my case be thrown out on a technicality if I go forward now without another L B A?
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Re: Letter before action
What is the basis of the claim?Originally posted by Golconda View Post
There are many different pre action protocols, so it is important to check you follow the correct protocol.I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here. -
Re: Letter before action
I am a consumer, I had a disaster with a kitchen fitter who only did half the work and disappeared. I want to bring about a breach of contract claim.Comment
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Re: Letter before action
ok then you need to make sure your letter complies with the pre action protocol practice direction, in particular annex A and B of the protocol.Originally posted by Golconda View Post
as long as it does that is all you need to doI work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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Re: Letter before action
Thank you. I havent referred to ADR, although I believe I've covered all the other points. I did ask him to contribute to my losses but I guess that doesnt count as a suggestion towards a formal ADR process involving a third party. What should I do now? Would it be sensible to write again?Comment
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Re: Letter before action
if you have set out your claim clearly then you can issue the claim, you are entitled to a remedy and are entitled to take it through the Court to obtain that remedy.Originally posted by Golconda View Post
you can opt for mediation once the claim is issued, but if the Defendant has asked for mediation, you may be advised to explore it, if they have not asked then id crack on with a claimI work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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Re: Letter before action
Thank you - yes, the POC is ready to go. Just not sure how much supporting evidence to send with it or to save for the witness statement.Comment
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Re: Letter before action
well if you are issuing proceedings, id do it via local court as opposed to MCOL and if its a claim in contract you must attach a copy of the contract to the pleadings.Originally posted by Golconda View PostI work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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Re: Letter before action
Are there problems with MCOL?Comment
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Re: Letter before action
IMHO yes, it only allows for 1084 characters which limits your ability to plead correctly. I prefer to issue the Claim form in the MCOL with separate particulars of claim, that way you can get the best of both worldsOriginally posted by Golconda View PostI work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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Re: Letter before action
Thank you - yes that is the way I was planning to do it.Last edited by Golconda; 2nd January 2014, 23:37:PM.Comment
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