Formal Letter Before Action

[Summerdays]

Dear Legal Beagles - thanks for setting up this site. I have a quick question. I have already written to the builder in question and given the company numerous opportunities to settle before court and put in place a deadline, also asked them if they are a member of an ADR scheme but to no avail.
So my question is - do I have to send a FORMAL Letter Before Action - as per the guidance in your website AND as I've already given them notice can I reduce the 14 days you have in your sample letter to 7 days. Would my previous emails count as a LBA or do I have to issue the formally titled LBA?
Many thanks

[R0b]

Re: Formal Letter Before Action

An LBA does not necessarily need to be titled LBA for it to comply with the pre-action protocols before you issue a claim. It is simply a title used to clarify that its an LBA and further action will be taken if not resolved.

It simply depends on the numerous letters you have written to the builder. If you have previously written to settle the matter and if you get no response or they refuse then you indicated that you would commence legal proceedings, that would also be considered an LBA even if it is not specifically titled LBA.

[Diana M]

Re: Formal Letter Before Action

Hello Summerdays

What's the builder done wrong in case this issue can be resolved without the need to go to court (maybe not).

Is this a problem with workmanship or a bill discrepancy after perfect work completed?

If workmanship is an issue the court (if you go down that route) might ask you to provide an expert's opinion (usually the expert has to be mutually agreed).

Di

[R0b]

Re: Formal Letter Before Action

Just to add, if it is a construction or engineering issue, then there is a specific pre-action protocol for it which you can find out more here http://www.justice.gov.uk/courts/pro...t_ced#IDAVULCC

[Diana M]

Re: Formal Letter Before Action

if it is a construction or engineering issue, then there is a specific pre-action protocol for it which you can find out more here http://www.justice.gov.uk/courts/pro...t_ced#IDAVULCC

Picking up on ROb's point about the scope of the works, would any of this work have needed Building Regulations approval?

Di

[Summerdays]

Re: Formal Letter Before Action

Hi R0b - thanks very much for clarifying that - I thought I had complied and was about to issue but then wondered if I had to send the actual formal LBA as per the CPR. I've already given the chap notice so I guess I can go straight ahead now and issue. I haven't stipulated the costs involved just that I would get someone else in to re-do the job if the original firm wouldn't address all the defects.

- - - Updated - - -

Hi Di - thanks for your response. Unfortunately it's to do with workmanship and I did pay in full although I raised issues at the time. Thereafter, with further inspection, more defects arose. The builder has offered to fix just 3 out of 27 defects! I have had an independent inspection carried out which I paid for and still the only offer on the table is to fix the 3 defects.

- - - Updated - - -

Thanks - I've followed the link but I don't believe it applies in my case as it's a buildings - workmanship - issue.

[Summerdays]

Re: Formal Letter Before Action

Hi Di - thanks again for your response. The original builder never mentioned building regs. PP was not required as works done under PD. The builders I've spoken to about rectifying the faults didn't mention need for building regs either saying that building regs are for structural changes only so a building inspection is not needed either.

[R0b]

Re: Formal Letter Before Action

If you are going to issue a claim online, your best bet might be to tick the option to send the Particulars of Claim separately within 14 days after the claim is issued. This is because you can't attach documents or evidence to the claim online.

If you send a more detailed POC separately then you can enclose the independent report which confirms the defects, perhaps at that point the builder might want to settle before it goes to court. How much did it cost for the independent report?

[Summerdays]

Re: Formal Letter Before Action

Hi Rob - thanks for the response. I will do as you say and send the PoC separately - I wasn't aware that you couldn't attach documents / evidence to the claim online!!! The independent inspection and report cost c. £250 so I would like to claim that back. Can I also claim for the distress and inconvenience? Not sure what price I should put on that or is that something the court would decide? I've seen some cases where it says something "...or whatever the court sees fit to award?"

[Summerdays]

Re: Formal Letter Before Action

If you are going to issue a claim online, your best bet might be to tick the option to send the Particulars of Claim separately within 14 days after the claim is issued. This is because you can't attach documents or evidence to the claim online.

If you send a more detailed POC separately then you can enclose the independent report which confirms the defects, perhaps at that point the builder might want to settle before it goes to court. How much did it cost for the independent report?

Sorry can I just check - do the emails I sent count as a LBA or do I have to actually send BY POST a formal LBA? I've done everything by email thus far.
thanks

[R0b]

Re: Formal Letter Before Action

You can send an LBA by email but what you can't do is send the claim form by email without permission, but if you do it all online then the claim form will be sent by post.

Just be careful if you are sending a detailed particulars of claim then it needs to be set out properly with the correct heading, you can't just draft it up in word then simply put the title particulars of claim as that won't do. If you google particulars of claim, and look on the images section you will be able to see how the heading is laid out. You will also need to number your paragraphs too and sign a statement of truth at the end.

[Summerdays]

Re: Formal Letter Before Action

You can send an LBA by email but what you can't do is send the claim form by email without permission, but if you do it all online then the claim form will be sent by post.

Just be careful if you are sending a detailed particulars of claim then it needs to be set out properly with the correct heading, you can't just draft it up in word then simply put the title particulars of claim as that won't do. If you google particulars of claim, and look on the images section you will be able to see how the heading is laid out. You will also need to number your paragraphs too and sign a statement of truth at the end.

Hi Rob

Thanks for your response. To sum up if I may?

I can go straight ahead and issue proceedings as I have:

• previously written to the builder detailing all the defects [there has been lots of correspondence to and fro!]
• the correspondence I sent detailing all the defects and seeking resolution to all defects would be considered as a Letter Before Action despite it not being headed explicitly
• that LBAs or correspondence in the spirit of LBAs may be delivered by email and it is not a requirement to be sent by letter post.
• that as the builder refuses to accept the evidence of the independent report and has offered only to fix a handful of the defects I can now safely issue court proceedings.

I will issue proceedings ONLINE via MCOL and will tick the box so I can send the Particulars of Claim within 14 days in order I can send the independent report etc. by post.

Please can you confirm my understanding above is correct?

Also another small point, I've looked at some websites and I'm a bit confused now as some seem to say that strictly speaking a LBA is not necessary in Small Claims Track? My claim is to do with poor workmanship by a builder - I am keen to have complied with the spirit of the court by trying to ensure that all avenues have been exhausted before proceeding to court but I don't want to delay matters any longer.

I'm very grateful to everyone for their input!

regards

[R0b]

Re: Formal Letter Before Action

An LBA is sent to Defendants for the purpose of showing the Claimant's intention that if they do not comply, then court proceedings will be issued. The contents of the LBA should give sufficient information for the Defendant to act upon and from the sound of emails going back and forth that may have been complied with. I think on that basis you could issue a claim against the builder but just make sure you are aware of the builder's current address and whereabouts for the claim form to be issued.

You may also want to send the builder and email saying that as there is still no satisfactory resolution you will be issuing proceedings against him and and a claim form will be sent in due course.

If you tick the box for sending POC separately then you have 14 days from the date of the claim form being served (the claim form is deemed served 5 days after date of issue I think) to send the POC to the Defendant and the court.

[Summerdays]

Re: Formal Letter Before Action

An LBA is sent to Defendants for the purpose of showing the Claimant's intention that if they do not comply, then court proceedings will be issued. The contents of the LBA should give sufficient information for the Defendant to act upon and from the sound of emails going back and forth that may have been complied with. I think on that basis you could issue a claim against the builder but just make sure you are aware of the builder's current address and whereabouts for the claim form to be issued.

You may also want to send the builder and email saying that as there is still no satisfactory resolution you will be issuing proceedings against him and and a claim form will be sent in due course.

If you tick the box for sending POC separately then you have 14 days from the date of the claim form being served (the claim form is deemed served 5 days after date of issue I think) to send the POC to the Defendant and the court.

Many thanks Rob
Just on the point of issuing - just want to clarify though - the previous emails did not specify I wanted a full refund for the work - he was sent an independent report [which I had to pay for] which said all the work needed re-doing and was not fit for purpose but the original builder just said that wouldn't happen and he would only attend to a couple of the defects. I did say in the emails I would therefore need to get the work re-done and seek costs through the court [so having the original work removed and re-done, cost of the independent report etc.] but I did not specify these items separately. Should I have done so? Time is slipping away and I'm keen to get the wheels in motion but don't want to issue and then find I should have listed this all separately as in a formal LBA? If I do have to do a formal LBA today say - could I seek the builder's response within a shortened timescale - say 7 days - given he's already been given multiple opportunities to respond?

Thank you so much all very stressful.

[charitynjw]

Re: Formal Letter Before Action

I'll give [MENTION=71570]R0b[/MENTION] a nudge