Letter before Action question

[Always_Robd]

Hi Guys

Just wondering. If I'm issued a Letter before Claim, do the statements made by the claimant need to match those in the form N1 Particulars of Claim.

For example in the LBA they state A, B, C and give me x days to respond...then in the N1 POC A, D, E

 

I've read how important a well drafted LBA is, and it can be detrimental to the claimant, but can't find any specifics or examples.
Anybody come across this type of thing?

[honeybee13]

Hello, welcome to CAG.

 

I'm not sure how much we can help with what you've said above. Can you tell us more about what's happened please? I assume you're the defendant?

 

Best, HB

[Always_Robd]

Hi HB,
Yes, I'm the defendant.

 

I entered a contract for wedding transport, but due to the uncertainty of covid I cancelled. We were in full lockdown at the time with no idea when things would change.

In the claimants Ts&Cs which are horribly written, (Unfair terms, spelling mistakes, ambiguity etc), there is a term which the claimant says:

"If I cancel within 16 weeks of the date of the service to be provided, I owe them the outstanding balance."

 

I was a few days inside the 16 weeks (say 15 weeks and 4 days, something like that), however, they were difficult to reach a lot of the time, and I would have told them earlier if it wasn't for the lack of communication on their part.

 

I explained I believe their Ts & Cs to be unenforceable due to Unfair terms, spelling mistakes, ambiguity etc, and the CMA guidelines on cancellations, and their lack of comms.

 

Unhappy with my response, they have sent an LBA which has wildly inaccurate information in it, including dates they say things happened.

 

I am in the process of responding, but I don't intend on correcting them. If they put the same in a County Court claim, it'll be lights out for their claim regardless.

 

But...what if they do realise their mistakes, and instead of reissuing a LBA they put accurate info in the County Court claim?

 

Surely, that would be frowned upon by a court.

 

Edited January 28, 2022 by dx100uk
formatting

[dx100uk]

no they dont is the short answer.

but dont tip them off 

 

we seem to have alot of this at present.