Letter before action for uninsured losses

Tilt

property.advert wrote: »

It is not a claimants position to act as unqualified legal advisor to the third party. If the third party requires legal advice, they should seek it. Whilst their insurer may wish to stand in their place and defend the action, it is not the insurer who is at fault but rather the third party.

But the claimant isn't acting as a 'legal advisor' by stating the obvious. You are simply demonstrating that you have covered all other avenues before taking the matter to court which judges like to see. I do speak from experience.

Sorry but I thought it was you wanting the advice. I'll say no more then.

property.advert

Tilt wrote: »

But the claimant isn't acting as a 'legal advisor' by stating the obvious. You are simply demonstrating that you have covered all other avenues before taking the matter to court which judges like to see. I do speak from experience.

Sorry but I thought it was you wanting the advice. I'll say no more then.

I do appreciate your time and comments but isn't suggesting that they do this or do that actually advice ? I could equally advise them not to throw it away or ignore it.

I'm just not sure why, knowing I was a lay person, the court could or should expect me to make suggestions to the third party as to how to defend the claim.

Quentin

property.advert wrote: »

...I'm just not sure why, knowing I was a lay person, the court could or should expect me to make suggestions to the third party as to how to defend the claim.

You don't.

The LBA's only purpose is showing that the claimant made the defendant aware that proceedings will follow if it's ignored.

Tilt

Quentin wrote: »

You don't.

The LBA's only purpose is showing that the claimant made the defendant aware that proceedings will follow if it's ignored.

Yes and by adding the line I suggested makes it seem more definitive. As I said, it is standard wording on such letters. It is not exclusive to a solicitor.

If the OP has to take the TP himself to court, the TP cannot use the argument saying that "I need to pass the matter on to my insurers as I was unsure what to do" if the OP shows a copy of the letter to the judge.

Obviously what the OP does is up to them.

Quentin

Tilt wrote: »

Yes and by adding the line I suggested makes it seem more definitive. As I said, it is standard wording on such letters. It is not exclusive to a solicitor.

It's not "standard wording" at all on LBA's!

As previously posted the reason behind a LBA (apart from showing you mean business) is simply to inform the defendant that the claimant has exhausted their options to get the money they are owed and they will move on to legal action of ignored.

A LBA is not a legal requirement, but useful to use as it prevents the defendant saying they are surprised to have ended up with a summons, (as a way of getting out of paying the additional fees involved once a summons is issued)

Tilt

Quentin wrote: »

It's not "standard wording" at all on LBA's!

As previously posted the reason behind a LBA (apart from showing you mean business) is simply to inform the defendant that the claimant has exhausted their options to get the money they are owed and they will move on to legal action of ignored.

A LBA is not a legal requirement, but useful to use as it prevents the defendant saying they are surprised to have ended up with a summons, (as a way of getting out of paying the additional fees involved once a summons is issued)

I didn't say it was, I said 'in such letters' meaning insurance related. As I said, I do speak from experience.

Obviously the OP can word it how she/he likes but she came here to ask advice and I have given it. Thank you and good night.

Quentin

Tilt wrote: »

Obviously the OP can word it how she/he likes but she came here to ask advice and I have given it. Thank you and good night.

Well "advice" is not the word, you are giving an opinion, that's all.

Whilst you keep banging on about putting in advice to the defendant, and telling us you have experience on the field of issuing LBAs, wonder why you don't point out that you ought to say something along these lines in them:

To avoid taking court action, I am willing to use Alternative Dispute Resolution to resolve this problem.

I refer you to the Practice Direction on pre-action conduct under the Civil
Procedure Rules, and in particular to paragraph 4 which sets out the sanctions
the court may impose if you fail to comply with the Practice Direction.