How to send a Letter Before Action properly?

Ricardo1980

Hello all,

In this thread about puppies I asked about how to send that letter properly, in a small claim in court.
https://forums.moneysavingexpert.com/discussion/5506903
I move it to a new thread to avoid polluting that thread.

Basically one user said I had to send a first class email from 2 different post offices, another one I only have to send a recorded delivery, and another one pasted this useful link:
http://www.aboutsmallclaims.co.uk/serving-court-papers-documents.html

I also realized that first class postage is not the same than recorded delivery.

What do you recommend me? (because I am about to start legal actions against my former landlord, the letter is ready)
I don't mind if I have to send 2 letters, for instance first class and another using recorded delivery.

What do you recommend me? (first time I start a small claim)

BTW, a couple of questions:
For "first class with proof of posting", do I have to ask for that receipt or proof in the post office?
When you receive a recorded email, do you see the sender before signing a paper to the postman?

Thanks a lot.

[Deleted User]

I think all the answers were detailed in the thread you hi-jacked.

However, here's a link to the Citizen's Advice Bureau advice about LBA's

https://www.citizensadvice.org.uk/consumer/going-to-court/going-to-court/taking-court-action/step-one-write-a-letter-before-action/

"Keep a copy of your letter and get a proof of posting certificate free from the post office, in case the court asks for proof that you sent the letter."

naedanger

Ricardo1980 wrote: »

What do you recommend me? (first time I start a small claim)

My suggestion is to do what the previous poster suggested - i.e. send first class at a post office counter and ask for proof of posting.

BTW, a couple of questions:
For "first class with proof of posting", do I have to ask for that receipt or proof in the post office?

Yes. They will give you a small receipt free of charge.

When you receive a recorded email, do you see the sender before signing a paper to the postman?

No. The recipient might see the envelope but I think the "signed for" label will just give a reference number/barcode.

Astraeus

Back in the day, people used to pay people for legal advice.

naedanger

Astraeus wrote: »

Back in the day, people used to pay people for legal advice.

And what did the people who could not afford to pay for legal advice do?

Ricardo1980

Astraeus wrote: »

Back in the day, people used to pay people for legal advice.

That's the problem. I asked for help to several solicitors and they want more money than I want to claim, so it makes no sense. One of them asked me 10 times the amount I want to claim.
In fact, small claims in court are designed to avoid using solicitors.

I read in shelter (or maybe citizens advice) we had to use recorded delivery, but don't find that now.

Last question, is it a problem if I send the letter using the 2 ways? (I don't think so, but prefer to ask)

Thanks a lot for your suggestions.

Ricardo1980

naedanger wrote: »

My suggestion is to do what the previous poster suggested - i.e. send first class at a post office counter and ask for proof of posting.


Yes. They will give you a small receipt free of charge.


No. The recipient might see the envelope but I think the "signed for" label will just give a reference number/barcode.

OK, thanks a lot, will do that. Apart from sending the first class mail with proof, do you see a problem if I also send (at the same time) another copy using recorded delivery? Thanks

naedanger

Ricardo1980 wrote: »

OK, thanks a lot, will do that. Apart from sending the first class mail with proof, do you see a problem if I also send (at the same time) another copy using recorded delivery? Thanks

I don't think so either. Personally if I was sending two letters I would send them at different times e.g. a day apart.

The problem with the "signed for" letter is you may end up with evidence it was not received. If that was the only letter you sent then it would be problematic. However if you sent another letter by normal/unsigned first class post at a different time then there would be no reason to suspect that letter would have been affected by whatever prevented the other "signed for" letter from arriving (or being accepted).

Other reading:
https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/CJC/Publications/Other+papers/Small+Claims+Guide+for+web+FINAL.pdf

[Deleted User]

Ricardo1980 wrote: »

do you see a problem if I also send (at the same time) another copy using recorded delivery?

Only that you'll be wasting money. This is a money-saving site.

Astraeus

Ricardo1980 wrote: »

That's the problem. I asked for help to several solicitors and they want more money than I want to claim, so it makes no sense. One of them asked me 10 times the amount I want to claim.
In fact, small claims in court are designed to avoid using solicitors.

I read in shelter (or maybe citizens advice) we had to use recorded delivery, but don't find that now.

Last question, is it a problem if I send the letter using the 2 ways? (I don't think so, but prefer to ask)

Thanks a lot for your suggestions.

You're right. The Small Claims track is designed to take out the need for individuals to seek legal advice. That, coupled with a very easily-accessible government website which, among other helpful nuggets of information, has an entire section on how you can properly serve a document such as a Letter of Claim. If you don't want to pay a solicitor, expect to have to do at least a bit of legwork yourself.

[Deleted User]

Ricardo1980 wrote: »

I read in shelter (or maybe citizens advice) we had to use recorded delivery, but don't find that now.

I linked to CAB in post #2 and they don't suggest using recorded delivery.

I think (across two different threads and numerous external links) you have more than enough information to proceed now....