Consequences of not sending letter before action?

[Guest Skibbzy]

Hi

I have just submitted my MCOL claim and have stupidly, after submitting it, realised I needed to send off a LBA to the company I wish to sue.

 

I understand that this letter is to benefit me in my defence to show I have tried to recover the money before taking the matter to court? I have been in talks with the company and have even attempted to recover it through a Visa chargeback unsuccessfully.

 

Have I destroyed my chances of winning this case before it has even started by not sending an LBA?

 

 

Look forward to hearing from you and thanks!

[freakyleaky]

What is the company involved?

[citizenB]

Skibbzy, had you written to the company before hand by way of a complaint !

 

Although it is usual to send a LBA.. if you have previously advised them that you will be taking court action, I think you are ok.

[rebel11]

You need to show to the court that legal action is the last resort and that the company in question has had the opportunity to rectify the matter. Keep any communications that you've had.

[andydd]

In legal action Ive started I have never been asked if I sent a LBA or any kind of pre-action correspondence, in theory it can be used at the end of a claim when then question of costs arises but thei isnt really applicable to small claims anyway.

 

Andy

[Guest Skibbzy]

Well at first I looked into getting a solicitor but she advised me that due to the amount I would be claiming I can't really afford her. She just told me to send an MCOL and never mentioned a letter before action.

 

The company is a PLC car dealership.

 

I have infact said to the company that further legal action will be taken but this was rather informally done and not in the form of an LBA.

 

 

Thanks for your replies, I hope I am okay in the matter then.

[andydd]

Theres no klegal requirement, it just paints you in a good light and you can smile at the jdge and show youve done everything possible..but no matter..good luck.

[Tallulabelle]

I used moneyclaimonline recently and rang and asked whether I had to send lba as I had already written informally asking for the money. The advisor told me it was entirely up to me but I was not obliged to. I did anyway just to be on the safe side.

[andydd]

Interesting becuase if you raed some of the RLP posts, one thing that RLp bang on about is that you must reply with a full defence, blah , blah, now whilst there is no specific Pre-Action Protocol about regarding civil recovery of damages due to theft, the general CPR is actually quite lengthy, in fact it is so involved that it almost requires both parties to correspond as much as if legal action has started, now whilst trying to resolve issues before litigation is recommended, to spend hours and great expense on it is surely not what the writer of CPr invisaged ?

 

A simple LBA asking for the sum involved is surely all that is required, give a time frame and then when no reply, start legal action.

 

CPR's are actual legal requirements, but i guess in theory a defendant could point to them being ignored if a court claim arrives out of the blue and they could be reffered to on the issue of costs.

 

Andy

[patdavies]

Does CPR apply to small claims?

[citizenB]

Does CPR apply to small claims?

 

Apparently not, but they are required to adhere to Pre action protocol.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_pic

[andydd]

Well..at the pre action point, and even if action has been taken its all pre allocation so its not on any track, at that point, yes the CPR has effect (although later in proceedings it no doubt would go to small track and then only the limited small track CPR would apply), so all the CPR and even the general costs regime applies. (This is important to remember that either side can be at risk of large costs UNTILL its on the small track).

 

Andy