Slickfm UE Diary

[Paul.]

Re: Slickfm UE Diary

Erm..... what exactly is a "letter of claim" in the pre-court sense?

Thanks....

2. Claimant’s letter before claim

2.1

The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –
(1) the claimant’s full name and address;

(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable);

(3) a clear summary of the facts on which the claim is based;

(4) what the claimant wants from the defendant;

(5) if financial loss is claimed, an explanation of how the amount has been calculated; and

(6) details of any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant.


2.2

The letter should also –
(1) list the essential documents on which the claimant intends to rely;

(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;

(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and

(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.


2.3

Unless the defendant is known to be legally represented the letter should –
(1) refer the defendant to this Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction; and

(2) inform the defendant that ignoring the letter before claim may lead to the claimant starting proceedings and may increase the defendant's liability for costs.

PRACTICE DIRECTION – PRE-ACTION CONDUCT - Civil Procedure Rules

read the practice direction, that sets out the core requirements

[PriorityOne]

Re: Slickfm UE Diary

Erm..... what exactly is a "letter of claim" in the pre-court sense?

Thanks....

[Paul.]

Re: Slickfm UE Diary

Thats brilliant, i will get that sent. Cheers Paul and as I2D says Top geezer

just add the issues which you have with their case in the blank area,

Good luck and let us know what they say

Keep a record of the letter too so you have evidence

[Slickfm]

Re: Slickfm UE Diary

I think that deals with the matter better, and if they do issue then you have evidence to challenge them on, the template you were referred to really wouldnt satisfy a judge if a claim were issued.

^^^^^^Top man...............

Thats brilliant, i will get that sent. Cheers Paul and as I2D says Top geezer

[Paul.]

Re: Slickfm UE Diary

^^^^^^Top man...............

fucks them if they then issue you see, as under para 4.6 you could apply for stay in proceedings with costs, so the value of their claim is diminished from the outset.

Its pretty easy to build up over a grand at the pre action stage too, so not small money

[Deepie]

Re: Slickfm UE Diary

^^^^^^Top man...............

[Paul.]

Re: Slickfm UE Diary

Dear Sirs

Re your letter dated 30th October 2012.

Thank you for your letter, the contents of which i have noted.

Since your letter clearly refers to the threat of litigation, i am treating it as a formal letter of claim albeit an entirely defective one.

I refer you to the Civil Procedure Rules pre action protocol practice direction, in particular Annex A and Annex B, you will note your letter fails spectacuralry to comply with either of the aforesaid Annexs.

Since you are a firm of solicitors, i cannot excuse such failures and place you on notice that any litigation on the back of this letter will result in an immediate application to the Court requesting the matter stayed with costs against you and your client on the indemnity basis. I refer you to Para 4.6 of the Practice Direction which explains the consequences of non compliance with the Pre action protocol.

Turning to the subject matter of your letter, this matter is subject of a dispute which has been raised with your clients representatives and therefore it would be appropriate before you threaten litigation for your clients client to actively deal with the issues which i have raised.

The main crux of my dispute is .................................................. ......


Accordingly and in accordance with the CPR pre action protocol practice direction i look forward to your reply setting out correctly the nature of your clients claim and answering my dispute as stated above.

Regards

I think that deals with the matter better, and if they do issue then you have evidence to challenge them on, the template you were referred to really wouldnt satisfy a judge if a claim were issued.

[Slickfm]

Re: Slickfm UE Diary

If the letter is a letter of claim then it may be an idea to at least write back a bespoke letter setting out the grounds which you are fighting the matter over.

Templates are ok, but Judges throw fits if they see them used in reply to pre action letters, as the template does not address the CPR PRe action protocol practice direction requirements, thus has adverse costs consequences if you get it wrong

As we don't know whether this is a threat-o-gram or a real letter of claim, it may be an idea if Slick was to post the letter (minus personal details) to see what it says.

I've had letters like this before.............. scare tactics

Thanks all, and Hi to Paul long time no speak (suppose thats good news really mate) as requested by Flowerpower i have uploaded the letter. I'm still unsure how to respond, confused?

[Deepie]

Re: Slickfm UE Diary

Hi all

TSB Loan update:

Letter received from GPB solicitors today, who state that they have been contacted by iQor ref this account. They go on to say that unless full payment or payment proposals are received within 10 days then its is LIKELY that they will be instructed to commence legal proceedings. Finally they say that they are instructed NOT to enter into any correspondence with me at this stage and only refer the matter back to iQor and for me to respond to iQor direct to avoid the necessity of such action.

What would be the best response to this 'threat'?

Cheers

I've had letters like this before.............. scare tactics

[Paul.]

Re: Slickfm UE Diary

i prefer to treat every letter threatening litigation as a letter of claim,

you cant go wrong then if its not

but this is what the PD says about non compliance

Sanctions for non-compliance

4.5

The court will look at the overall effect of non-compliance on the other party when deciding whether to impose sanctions.

4.6

If, in the opinion of the court, there has been non-compliance, the sanctions which the court may impose include –
(1) staying (that is suspending) the proceedings until steps which ought to have been taken have been taken;

(2) an order that the party at fault pays the costs, or part of the costs, of the other party or parties (this may include an order under rule 27.14(2)(g) in cases allocated to the small claims track);

(3) an order that the party at fault pays those costs on an indemnity basis (rule 44.4(3) sets out the definition of the assessment of costs on an indemnity basis);

(4) if the party at fault is the claimant in whose favour an order for the payment of a sum of money is subsequently made, an order that the claimant is deprived of interest on all or part of that sum, and/or that interest is awarded at a lower rate than would otherwise have been awarded;

(5) if the party at fault is a defendant, and an order for the payment of a sum of money is subsequently made in favour of the claimant, an order that the defendant pay interest on all or part of that sum at a higher rate, not exceeding 10% above base rate, than would otherwise have been awarded.

[Deepie]

Re: Slickfm UE Diary

Probability a letter just to frighten you............

All the same I would send this if it were me-----> Account Sold whilst in Dispute

I would send it to GPB solicitors ........

[Paul.]

Re: Slickfm UE Diary

Yeah your probably right I2D, scare tactics!! IQor had the account sold letter 8 months ago now and also a threat of legal action letter within the last month or soW

Would you recommend to Just ignore or send something else to keep a paper trail?

Thanks

If the letter is a letter of claim then it may be an idea to at least write back a bespoke letter setting out the grounds which you are fighting the matter over.

Templates are ok, but Judges throw fits if they see them used in reply to pre action letters, as the template does not address the CPR PRe action protocol practice direction requirements, thus has adverse costs consequences if you get it wrong

[Slickfm]

Re: Slickfm UE Diary

Probability a letter just to frighten you............

All the same I would send this if it were me-----> Account Sold whilst in Dispute

Yeah your probably right I2D, scare tactics!! IQor had the account sold letter 8 months ago now and also a threat of legal action letter within the last month or soW

Would you recommend to Just ignore or send something else to keep a paper trail?

Thanks

[Deepie]

Re: Slickfm UE Diary

Hi all

TSB Loan update:

Letter received from GPB solicitors today, who state that they have been contacted by iQor ref this account. They go on to say that unless full payment or payment proposals are received within 10 days then its is LIKELY that they will be instructed to commence legal proceedings. Finally they say that they are instructed NOT to enter into any correspondence with me at this stage and only refer the matter back to iQor and for me to respond to iQor direct to avoid the necessity of such action.

What would be the best response to this 'threat'?

Cheers

Probability a letter just to frighten you............

All the same I would send this if it were me-----> Account Sold whilst in Dispute

[Slickfm]

Re: Slickfm UE Diary

TSB Loan Update:

Everyone,

As mentioned above no contact from iQor for months, now 2 letters within a few days. Todays letter threatens possible legal action and a doorstep visit and stating that i must contact them immediately
i do like this line though

'Our actions will continue regardless of whether you actually read this letter or not' red letters, im scared now

I will send them the threat of legal action/doorstep visit letter merged together!

Cheers

Hiya all

Letter from iQor today offering me a substantial discount if I contact them. Err don't think so. Will ignore and wait to see what comes next

Hi all

TSB Loan update:

Letter received from GPB solicitors today, who state that they have been contacted by iQor ref this account. They go on to say that unless full payment or payment proposals are received within 10 days then its is LIKELY that they will be instructed to commence legal proceedings. Finally they say that they are instructed NOT to enter into any correspondence with me at this stage and only refer the matter back to iQor and for me to respond to iQor direct to avoid the necessity of such action.

What would be the best response to this 'threat'?

Cheers