Service of Letter before Action

[heisenberg]

Re: Service of Letter before Action

Yes I meant email not letter, as it was sent outside of business hours and to give them the benefit of the doubt but it is up to you.

Thanks Rob. You're a shining star!

[heisenberg]

Re: Service of Letter before Action

They are arguing I have not complied with PRACTICE DIRECTION 6A – SERVICE WITHIN THE JURISDICTION.

[R0b]

Re: Service of Letter before Action

Why do they think that?

[Amethyst]

Re: Service of Letter before Action

You're suing a solicitors firm ? Is this for the discrimination issue you mentioned before ?
Would it not be more appropriate to go through the SRA or LeO ?

But anyway you just sent it by email ? You have to have permission from the other party to serve documents by email, so just stick a hardcopy in the post. That'll be why they have come back with PD 6a.

[heisenberg]

Re: Service of Letter before Action

Why do they think that?

They are not saying. It may be something to do with the service of the letter before action by way of e-mail when they are seemingly arguing they will not accept these documents by e-mail. Also, I never referred to a DX.

Does this practice direction even apply?

[heisenberg]

Re: Service of Letter before Action

You're suing a solicitors firm ? Is this for the discrimination issue you mentioned before ?
Would it not be more appropriate to go through the SRA or LeO ?

But anyway you just sent it by email ? You have to have permission from the other party to serve documents by email, so just stick a hardcopy in the post. That'll be why they have come back with PD 6a.

This relates to two firms. The other was mentioned in another thread. I have not made up my mind yet hence seeking further particulars by way of a letter before action.

SRA say that they cannot make decisions in relation to negligence or matters of law.

LeO are a bit vague as to what is in their remit and what is not. I have concluded they are completely hopeless when it comes to complex discrimination cases.

[Amethyst]

Re: Service of Letter before Action

Would you be able to post up a copy of your letter before action ?

[heisenberg]

Re: Service of Letter before Action

Attached is one of the letters. I have redacted personal details etc.

This is the firm that completely overlooked (seemingly deliberately) a request for assistance with a discrimination matter (and then later accidentally e-mailed me and copied me into a concession in this respect).

[Amethyst]

Re: Service of Letter before Action

Are you still following up on your original complaint about the data protection issue as well as dealing with the discrimination claim against the solicitors firm?

I'm really not convinced you have a claim over the solicitors firm I'm afraid.

[heisenberg]

Re: Service of Letter before Action

Are you still following up on your original complaint about the data protection issue as well as dealing with the discrimination claim against the solicitors firm?

I'm really not convinced you have a claim over the solicitors firm I'm afraid.

Yes, I am following up on the data protection issue. It seems I have to go it alone on that as there is no assistance via legal aid unless through exceptional funding. It is a really complex area of law (and even overlaps into human rights law) and I have no choice here but to proceed unrepresented with a mental health disability. Where is the access to justice there?

On what basis are you forming an opinion that I have no claim against the firm?

[heisenberg]

Re: Service of Letter before Action

I am a little concerned regarding the claim I currently have issued at a County Court.

I sent the other side a letter before action by e-mail. I also sent them follow-up e-mails. I received read receipts. They never responded.

The other side is a registered charity and the address I used was correct.

Could they potentially argue that they did not give permission to receive this document by e-mail and therefore there was no valid service of the letter before action? If so, I am concerned I may find myself on the wrong side of a costs order.

It seems this organisation is quite happy to go to any length to defend itself.

[heisenberg]

Re: Service of Letter before Action

Jeez, thanks all. :tinysmile_cry_t:

[R0b]

Re: Service of Letter before Action

As far as I am aware, the standard pre-action protocols do not stipulate that a letter before action is to be sent by post. The parties are expected to have exchanged sufficient information, attempted to settle matters etc. but no indication that all LBA's are by post only. It is only once you commence legal proceedings that you should start adhering strictly to the CPR provisions

[heisenberg]

Re: Service of Letter before Action

As far as I am aware, the standard pre-action protocols do not stipulate that a letter before action is to be sent by post. The parties are expected to have exchanged sufficient information, attempted to settle matters etc. but no indication that all LBA's are by post only. It is only once you commence legal proceedings that you should start adhering strictly to the CPR provisions

Thanks Rob. That is indeed the impression I got.

[heisenberg]

Re: Service of Letter before Action

It seems PD 6A, para 4, applies mainly to the service of the claim form according to my research. Service of a letter before action, in respect to a small claim, is of course a completely separate matter.