Letter before action for uninsured losses

property.advert

I need to write a letter to a third party who drove their vehicle into mine, requesting payment of uninsured losses, with 14 days to pay or I will issue proceedings to recover the money through the small claims court.

Where I want some assistance is in dealing with the formalities prior to issuing proceedings.

I have come across PRACTICE DIRECTION – PRE-ACTION CONDUCT http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct but I question whether this applies to such matters or whether it refers more to consumer purchases or non payment of invoices etc.

I presume letters to the third party and their insurers by recorded delivery will suffice.

harveybobbles

Can't you just instruct a solicitor to do it all for you?

Quentin

How to use the court to get money you are owed in plain english here:

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195118

You send your LBA to the person who hit you (not their insurer).

LandyAndy

Dear Baddriver

Following the incident when you drove into me on <date> I attach details of my unisured losses for which I hold you responsible. If I do not receive payment, or your proposals for payment, of these amounts within 14 days I will issue proceedings in the county court for their recovery without further notice. Please note that if proceedings commence an application will be made for an order for costs against you in respect of the proceedings.

Yours

P Advert

LandyAndy

County court actions of this sort are simple. They don't normally require a solicitor's input. The court recognises that the plaintiff is generally a 'lay' person.

I regularly (threaten to) sue people for unpaid invoices. It is quite rare to even have to start proceedings and very rare that a defendant lets the case go to judgement.

property.advert

Muchas gracias, mi amigos

property.advert

LandyAndy wrote: »

Dear Baddriver

Following the incident when you drove into me on <date> I attach details of my unisured losses for which I hold you responsible. If I do not receive payment, or your proposals for payment, of these amounts within 14 days I will issue proceedings in the county court for their recovery without further notice. Please note that if proceedings commence an application will be made for an order for costs against you in respect of the proceedings.

Yours

P Advert

When sending this and claiming for stuff, should I just write up a list, which I have already or should I also include the evidence, such as receipts etc.

LandyAndy

property.advert wrote: »

When sending this and claiming for stuff, should I just write up a list, which I have already or should I also include the evidence, such as receipts etc.

Send copies of receipts. If you don't they'll only ask for them.

Tilt

LandyAndy wrote: »

Dear Baddriver

Following the incident when you drove into me on <date> I attach details of my unisured losses for which I hold you responsible. If I do not receive payment, or your proposals for payment, of these amounts within 14 days I will issue proceedings in the county court for their recovery without further notice. Please note that if proceedings commence an application will be made for an order for costs against you in respect of the proceedings.

Yours

P Advert

You should add the line 'You may wish to pass this letter to your insurers who may deal with this on your behalf.'

molerat

One question.

Why are your insurers / legal protection cover on your policy / claims management company not doing this for you.

property.advert

molerat wrote: »

One question.

Why are your insurers / legal protection cover on your policy / claims management company not doing this for you.

Not all of us feel the need to line the pockets of claims management companies, only to complain at renewal time that their premiums have miraculously gone up.

Insurers will happily handle all this but at their pace. I put a rocket up the ar5e of the other party and we get action or a court date.

My insurers already suspect fraud on the part of the third party which will only drag things out so I'd rather do it the old fashioned way and actually go after the people who are responsible for the damage.

There is also a resounding satisfaction in this as well to be honest as well as cementing a learning process, which would be very useful if ever required in the future.