Letter Before Action
Discussion
My wife is a member of a sports club in dispute with someone, details of which are not pertinent to this query. On the 12th of September they received a "Letter Before Action" requiring a "meaningful response" in 14 days, by the 26th of September. Is 14 days a legal requirement, or is it an arbitrary date simply set by the others side's lawyer?
As said, it's effectively a reasonable time to respond but also it implies that should it be ignored, that person is going to escalate the issue. For example if someone has written regarding a consumer issue, had no response, they would be advised to give a minimum reasonable time to allow a reply to a Letter Before Action.
As long as there is a response of some sort, it should stave off initial action depending on the response and the situation of course.
As long as there is a response of some sort, it should stave off initial action depending on the response and the situation of course.
oyster said:
3 months to investigate?
No way. 14 days and no more.
The file claim at 00:01 on day 15.
This. Unless you get a response of course.No way. 14 days and no more.
The file claim at 00:01 on day 15.
Ive done letters before action 3 times, 2/3 had a settlement. It shows you mean business. If the debtor knows he's wrong/you're right he's likely going to fold at this stage.
If they don't respond file the claim as you say, they get a month to respond. Best if they don't respond as you then get a default judgement which you can escalate to the high court, idea is High Court Enforcement Officers have much greater powers. Only time I've had to do this HCEOs recovered £6.5k from a large company on threat of removing vehicles to the value. Obviously you get your costs back on top. The HCEOs make their living by charging the debtor rather than you.
If you need to go High Court this is the firm you want https://dcbltd.com/
I think you have rather missed the point, the club are the defendants, not the claimants and don't want to know how to get done over and sued. As it happens both the treasurer and the compliance offer are both abroad on holiday, so in any event 14 days is simply unachievable. IANAL but have experience in building disputes and I think I know a duff claim when I see one, and the club will have no difficulty in replying very robustly when able to.
Sorry. Just realised I had this the wrong way round - thought you were the claimant.
Letter before action is not a formal part of the legal process. Clearly your claimant won't receieve a response so it will be on them to pursue legal action - and front the costs. That is the legal process.
If they do so you can say we didn't respond to the LBA because the decision makers were away. Perfectly reaonsable. Wait for the claim - clearly the decision makers will be able to respond by that time. Justice will take it's course.
Apologies for misunderstanding your post.
Letter before action is not a formal part of the legal process. Clearly your claimant won't receieve a response so it will be on them to pursue legal action - and front the costs. That is the legal process.
If they do so you can say we didn't respond to the LBA because the decision makers were away. Perfectly reaonsable. Wait for the claim - clearly the decision makers will be able to respond by that time. Justice will take it's course.
Apologies for misunderstanding your post.
TorqueVR said:
I think you have rather missed the point, the club are the defendants, not the claimants and don't want to know how to get done over and sued. As it happens both the treasurer and the compliance offer are both abroad on holiday, so in any event 14 days is simply unachievable. IANAL but have experience in building disputes and I think I know a duff claim when I see one, and the club will have no difficulty in replying very robustly when able to.
But someone at the club has obviously seen the LBA or you wouldn't know about it.Would it not be common courtesy to reply saying the relevant people are unavailable at the the moment but it will be dealt with ASAP when they return on [date].
At least that way the claiments do not think they are being ignored, which could make them more determined to pursue the matter.
Agreed, bu the club's compliance officer and treasurer are both aboard on holiday and as the dispute revolves around money and child protection a reply can't be put together until they get back. They are no being difficult and are sending a polite message explaining it to the the lawyer today.
Jonsp - I suspected you'd misunderstood and no offence taken
Thank you all for you comments
Jonsp - I suspected you'd misunderstood and no offence taken
Thank you all for you comments
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