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Re: Formal Letter Before Action
If you want to be absolutely certain then yes based on your previous discussions you could send an LBA for response within 7 days. You LBA should be along the lines below.
Dear [NAME],
Letter Before Action: Building works carried out not of satisfactory quality or fit for purpose
I am writing with reference to the above matter and our previous conversations.
You will be aware that I am unhappy with the works you carried out on [DATES] for [DESCRIPTION]. You are also in receipt of an independent report as regards to the completed works (enclosed) confirming that it is unsatisfactory and not fit for purpose.
Despite this, you have refused to carry out the works required, although you have only offered to complete certain parts of it. Therefore, unless you are prepared to carry out the repairs as indicated on the independent report, I will have no other choice but to issue legal proceedings without giving you any further warning. Once legal proceedings have commenced, I will be seeking to recover the sums equal to the costs of the works needed to bring it up to the required standard which I anticipate being £XXXX.XX.
In addition to the cost of repairs, I shall be entitled to the court fees plus interest at a rate if 8% per annum.
I do hope that I will not be forced to issue proceedings against you however I will do so if you do not respond by [DATE].
If you want to be absolutely certain then yes based on your previous discussions you could send an LBA for response within 7 days. You LBA should be along the lines below.
Dear [NAME],
Letter Before Action: Building works carried out not of satisfactory quality or fit for purpose
I am writing with reference to the above matter and our previous conversations.
You will be aware that I am unhappy with the works you carried out on [DATES] for [DESCRIPTION]. You are also in receipt of an independent report as regards to the completed works (enclosed) confirming that it is unsatisfactory and not fit for purpose.
Despite this, you have refused to carry out the works required, although you have only offered to complete certain parts of it. Therefore, unless you are prepared to carry out the repairs as indicated on the independent report, I will have no other choice but to issue legal proceedings without giving you any further warning. Once legal proceedings have commenced, I will be seeking to recover the sums equal to the costs of the works needed to bring it up to the required standard which I anticipate being £XXXX.XX.
In addition to the cost of repairs, I shall be entitled to the court fees plus interest at a rate if 8% per annum.
I do hope that I will not be forced to issue proceedings against you however I will do so if you do not respond by [DATE].
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