Coolnewmobile, merged threads

Neillgb

Good to hear Buster!

Thats it for me. Just sent off 3rd claim. Gonna wait until 7 days prior to 28 day period(based on day delivered on recorded del tracking) and send them 7 days notice via email that I want chq or I will sue for the lot. Actually might just send them appropriate notice when delivery date confirmed.

They are still trying to con people in various ways, phoneboxdirect also, so I think my being reasonable in not taking action during the postal strike was ill judged.

Neill

Quentin

Sending 7 days notice via e-mail is not enough.

You need to send a letter (LBA).

Neillgb

Not my experience Quentin.

I have never sent a written LBA. Only email. Because I have already taken them to Court('lost' case) they take you seriously. Even sent last chq recorded, don't know if other people get chq sent recorded though.

Neill

Quentin

Good for you, but not generally advisable if it is intended to issue a summons.

The reason for sending a letter is:

1) Should their payment cross in the post with the summons, then you can still pursue them for the court costs, interest etc

2) Should they try and tell the court you acted unreasonably by initiating court proceedings without giving them the chance to put matters right.

An e-mailed LBA wouldn't be accepted by the court.

Neillgb

Yes, i would not advise anyone to not do a written LBA. All I am saying is that i did'nt. I sent them an email giving notice, an EBA perhaps!! Maybe EMBA though? Matters then proceeded as seem to be standard, telephone call, negotiate etc.

I also gave them email notice with regard to my second cash back chq. They were on the phone, landline, within 15 minutes. They said they would deal with it. Needless to say they did'nt get chq to me in time but it was down to the postal strike and ,as I say ,it was sent recorded delivery so they took the matter seriously it seems.

Neill

bobstheboy

My latest spat with them was by email. I threatened to sue via moneyclaims if I didn't get paid within 28 working days. They acknowledged every email and eventually telephoned an apology and sent the cheque next day.

My point is if they are corresponding via email I am pretty sure it would be acceptable in in court scenario. After all you can prove they have had notice of you claim and will have replies to prove it.

Bob

Lynsey

I go along with Quentin on this one, although if an email works then don't knock it.
My basic understanding of the law is that emails DON'T really stand up in court as they can be manipulated/changed very easily and that a letter is a legal document once signed.
Anyway, my LBA will be written soon, that's if they don't respond to my email first.:rotfl:


Lynsey

Neillgb

You would think that in this modern day and age that email would be acceptable in legal proceedings, perhaps a little inconvenient for organisations like CNM though. I'm not a tech head, is there a way you can be sure that your email has been opened/received by somebody?

On balance I think first notice of proceedings should certainly be sent by post. Thereafter why, subject to proof of receipt above, should people be put to the expense/hassle of printing a letter, taking it to the post office and paying for postage. Against the background of postal strikes and things getting 'lost' by Royal Mail and u know who.

Interestingly, whilst issuing my summons via moneyclaim my hand touched neither paper or pen.

Neill

Quentin

A Letter BA is just a part of the legal process of issuing a county court summons.

If you have no intention of actually issuing a summons, then there is no need for a letter.

Although using MCOL means the Claimant doesn't need to use paper or pen, the summons is actually a piece of paper!

It is part of the Court's rules that a Claimant must use other means to resolve the problem before using the Courts. A Defendant can make use of this (by informing the court that they were unaware of the problem prior to getting the summons). If that is the case, then even if the claimant wins, the court may deny them the court fees and worse, make them pay the Defendant's costs in coming to court.

A Letter Before Action covers this possibility.

analyst_2

I'd be interested in opinions about sending an LBA BEFORE their stated period for payment, be it 28 days or 45 days, is complete.

Would a court view such action as unreasonable?

What if they next extend payment period to 60 days . . . 2 years . . next century?