Letter of Claim (County Court) Britannia Parking & BW Legal

Le_Kirk

In comparison, all your client has done is to file a claim so brief and devoid of accuracies that it verges on being incoherent, and a Directions Questionnaire.

Would be better as: -

In comparison, all your client has done is to file a claim so brief and devoid of accuracies that it verges on being incoherent, and to submit a Directions Questionnaire.

The following does not make grammatical sense. If you use "either" it is normally followed by "or"

Your client has also failed to provide sufficient appropriate or supporting evidence from either the day of the alleged infringement and furthermore, has yet to prove beyond reasonable doubt that they provided any notice of the alleged infringement within the legally defined timeframe at all.

Suggest: -

Your client has also failed to provide sufficient appropriate or supporting evidence from [STRIKE]either [/STRIKE]the day of the alleged infringement and, furthermore, has yet to prove beyond reasonable doubt that they provided any notice of the alleged infringement within the legally defined timeframe at all.

Umkomaas

How does 'Without Prejudice' help in the context of your letter?

JRL_2

Le_Kirk wrote: »

Would be better as: -

The following does not make grammatical sense. If you use "either" it is normally followed by "or"

Suggest: -

Thank you for your suggestions, I've updated the letter!

Coupon-mad

Spelling mistakes make it look less professional. Please do a spellcheck, e.g.:

Given both yours and your clients incompetency’s in this matter I am baffled by your election to pursue your baseless claims against me and I having taken legal advice, know that your claim will fail in the County Court.

And don't say you have sought legal advice if you haven't.

Oh, and please reunite that poor 'I' with its mate, the verb 'know'. Split infinitives are horrible to read, like chewing up words and spitting them out...

Le_Kirk

Wow, a Grocer's apostrophe and I missed it!

JRL_2

Umkomaas wrote: »

How does 'Without Prejudice' help in the context of your letter?

I'm not an expert, but was under the impression that this meant my communication does not detriment any additional costs / damages that may be awarded to me in court? If I am wrong then I will remove it!

JRL_2

Coupon-mad wrote: »

Spelling mistakes make it look less professional. Please do a spellcheck, e.g.:
And don't say you have sought legal advice if you haven't.

Oh, and please reunite that poor 'I' with its mate, the verb 'know'. Split infinitives are horrible to read, like chewing up words and spitting them out...

Thanks for helping me here. I'm normally pretty on top of spellings but am typing this on my work Laptop which, unfortunately, defaults to US English every time I open a new document.

I've updated the letter and am grateful for your support and assistance

Le_Kirk

The without prejudice (WP) rule will generally prevent statements made in a genuine attempt to settle an existing dispute, whether made in writing or orally, from being put before the court as evidence of admissions against the interest of the party which made them.

That is the meaning of the WP rule in law, not quite the same as you posted

JRL_2

Le_Kirk wrote: »

That is the meaning of the WP rule in law, not quite the same as you posted

Thanks for clarifying

JRL_2

Quick update: Since I posted my letter above to BW Legal, I had one of their team contact me by phone asking if I had received their letter. I politely said yes and asked if they had received my response, which she had no knowledge of.

She asked if I had seen their offer to settle, which I politely said yes, but that I actually felt they needed to settle with me and that I had sent my costs to them. She asked again if I wanted to settle there and then, and I said no. I said that I knew that they were contacting me as their case wasn't strong enough to win in court, that I was confident I would win in court and that when they take me to court and should they lose, I would be recovering costs.

She asked if I was filing a counterclaim and I said no, but re-iterated that I would claim all relevant costs against BW Legal, at which point we politely parted ways and ended the call.

I have to say this is the most professional interaction I have had with BW since the start of this fiasco, she was polite and understanding and was not rude or belittling like their written communication.