Slickfm UE Diary

[PriorityOne]

Re: Slickfm UE Diary

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

Thanks....

[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

[Paul.]

Re: Slickfm UE Diary

Is there a legal requirement to write such a letter before starting proceedings?

Some people here have been served with court papers without a letter of claim, samsmum is an example.

yes there is

heres the part that deals with it

SECTION II – THE APPROACH OF THE COURTS

4. Compliance

4.1

The CPR enable the court to take into account the extent of the parties’ compliance with this Practice Direction or a relevant pre-action protocol (see paragraph 5.2) when giving directions for the management of claims (see CPR rules 3.1(4) and (5) and 3.9(1)(e)) and when making orders about who should pay costs (see CPR rule 44.3(5)(a)).

4.2

The court will expect the parties to have complied with this Practice Direction or any relevant pre-action protocol. The court may ask the parties to explain what steps were taken to comply prior to the start of the claim. Where there has been a failure of compliance by a party the court may ask that party to provide an explanation.

Assessment of compliance

4.3

When considering compliance the court will –
(1) be concerned about whether the parties have complied in substance with the relevant principles and requirements and is not likely to be concerned with minor or technical shortcomings;

(2) consider the proportionality of the steps taken compared to the size and importance of the matter;

(3) take account of the urgency of the matter. Where a matter is urgent (for example, an application for an injunction) the court will expect the parties to comply only to the extent that it is reasonable to do so. (Paragraph 9.5 and 9.6 of this Practice Direction concern urgency caused by limitation periods.)



Examples of non-compliance

4.4

The court may decide that there has been a failure of compliance by a party because, for example, that party has –
(1) not provided sufficient information to enable the other party to understand the issues;

(2) not acted within a time limit set out in a relevant pre-action protocol, or, where no specific time limit applies, within a reasonable period;

(3) unreasonably refused to consider ADR (paragraph 8 in Part III of this Practice Direction and the pre-action protocols all contain similar provisions about ADR); or

(4) without good reason, not disclosed documents requested to be disclosed.



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.

[PriorityOne]

Re: Slickfm UE Diary

I can't recall ever receiving/seeing a letter that's gone into such detail from a would-be claimant..... but have had/seen the "Letter before Action" several times from different companies fancying their chances. All of them fecked off before court though.

Most letters sent out don't seem to fit that criteria.... and just read like standard threatograms.

[Paul.]

Re: Slickfm UE Diary

I can't recall ever receiving/seeing a letter that's gone into such detail from a would-be claimant..... but have had/seen the "Letter before Action" several times from different companies fancying their chances. All of them fecked off before court though.

Most letters sent out don't seem to fit that criteria.... and just read like standard threatograms.

and like lost sheep we never challenge them

We had a hearing a while ago where we took costs off a firm for their non compliance and got an unless order too that they had to provide evidence etc as needed

Judges tend not to be too happy about breaches of the CPR if they are dealt with correctly

thats the thing

if they are taken to task at the right point then the judge will be with you id have thought, however if you leave it til trial then you wont get much sympathy

[PriorityOne]

Re: Slickfm UE Diary

and like lost sheep we never challenge them

We had a hearing a while ago where we took costs off a firm for their non compliance and got an unless order too that they had to provide evidence etc as needed

Judges tend not to be too happy about breaches of the CPR if they are dealt with correctly

thats the thing

if they are taken to task at the right point then the judge will be with you id have thought, however if you leave it til trial then you wont get much sympathy

Challenging everything is the key to things not reaching the court stage but consumers often find it hard to tell when things have gone too far, or they get complacent too soon.

Once things are in court, it's a whole different ball game and still a judge lottery in a lot of cases.

[SXGuy]

Re: Slickfm UE Diary

I got the same letter from gpb around 2 weeks ago, after sending them a copy of the letter before action that i sent to iQor at the same time, both ignored it.

I then got another letter from gpb friday, which was very similar except they removed the part about not entering into corespondance, and just say they "may" be instructed to start legal proceedings.

The letter was titled PENDING LEGAL ACTION

EDIT: they gave another 10 days to make payment, but this time, directly to them, not iQor

So i sent them a 1 liner saying thanks for your letter, please refer to mine previously sent, and enclosed a copy.

I also stated that iQor have failed to respond to any communication received by them, which is actually true, i dont believe ive had any reply to any letters sent to iQor

[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.

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

Hiya all

TSB Loan Update:

Well it looks like Pauls letter did the trick, as today i have received a letter from GPB Solicitors. 'Thank your for your letter, contents noted, as we are no longer instructed in this matter all paper work has been returned to iQor'

Fended off for the time being, will wait and see what comes next

Cheers

[Deepie]

Re: Slickfm UE Diary

They were quick to drop that..........

Like a hot potato........

[Paul.]

Re: Slickfm UE Diary

Obviously Paul's suggested responses *WORK*

Nice to see them doing their job already!

If they'd been so sure they could win in court they'd have plodded on regardless, they must be saying "oh well, it was worth a try, better luck next time!"

Indeed, that letter was as palatable to a solicitor as a pork chop to some religious factions.

They would have realised it had professional misconduct written all over it. As officers of the Court they are not supposed to take an unfair advantage or mislead the public etc

[The Tech Clerk]

Re: Slickfm UE Diary

Indeed, that letter was as palatable to a solicitor as a pork chop to some religious factions.

They would have realised it had professional misconduct written all over it. As officers of the Court they are not supposed to take an unfair advantage or mislead the public etc

As if they would??? whistle in the wind!!

[ScabHunter]

Re: Slickfm UE Diary

Well it looks like Pauls letter did the trick, as today i have received a letter from GPB Solicitors. 'Thank your for your letter, contents noted, as we are no longer instructed in this matter all paper work has been returned to iQor'

They were quick to drop that..........

Like a hot potato........

Obviously Paul's suggested responses *WORK*

Indeed, that letter was as palatable to a solicitor as a pork chop to some religious factions.

They would have realised it had professional misconduct written all over it. As officers of the Court they are not supposed to take an unfair advantage or mislead the public etc

Now, this brings some sunshine into my life on a grey November morning!

Excellent work, Paul. I will be keeping a copy of that letter as I'm sure it can be used in many similar circumstances.

SH

[Deepie]

Re: Slickfm UE Diary

Now, this brings some sunshine into my life on a grey November morning!

Excellent work, Paul. I will be keeping a copy of that letter as I'm sure it can be used in many similar circumstances.

SH

Already done it..............

[Slickfm]

Re: Slickfm UE Diary

Obviously Paul's suggested responses *WORK*

Nice to see them doing their job already!

If they'd been so sure they could win in court they'd have plodded on regardless, they must be saying "oh well, it was worth a try, better luck next time!"

They were quick to drop that..........

Like a hot potato........

Indeed, that letter was as palatable to a solicitor as a pork chop to some religious factions.

They would have realised it had professional misconduct written all over it. As officers of the Court they are not supposed to take an unfair advantage or mislead the public etc

Now, this brings some sunshine into my life on a grey November morning!

Excellent work, Paul. I will be keeping a copy of that letter as I'm sure it can be used in many similar circumstances.

SH

Cheers guys, Paul certainly does know his stuff as I have found to my advantage on more than one occasion.

[SXGuy]

Re: Slickfm UE Diary

Nice to see Pauls advice worked.

Sadly i had already sent gpb the LBA before this was all posted, so hopefully, it has the same affect and makes the back off.

They did ignore my first response, and i did receive a second legal action threat on the 2nd Nov.

I have spoken to others who have received both letters and been told by gpb that the matter has been closed and refered back to iQor after sending LBA's, so it may well be they were just letter heads for rent and not an actual real notice of claim.

I guess time will tell with mine!