Letter before action....Small Claims.

mamabuddah

So I’ve sent a letter, stating everything I’m required to put in the letter giving 14 days to respond before I go to the next step...which I’m happy and willing to do.

Is this a suitable response that I’ve received via email to stop me going further? I’ve been trying for a couple of months for a response and only now after my letter do I get this. I believe it’s just further delaying tactics hoping I’ll move on and forget the matter.


REF YOUR LETTER.

Hi xxxxxxxx
With this being the holiday season we will respond to your letter before the end of July.
Kind Regards

Xxxxxx
Name of contractor/builder

Sent from my iPhone

The 14 days was due to expire on the 16th July, in my letter I explained everything that was wrong and everything I was asking for. So I wonder, is this actually responding within 14 days or merely acknowledging receipt of my letter?

DoaM

It's merely acknowledging receipt and trying to delay. However, as you've waited this long, another 1.5 weeks isn't going to be onerous. Wait until July 31st and if no further reply then proceed straight to MCOL with no further communication with the defendant.

Alternatively you could write back to acknowledge their response, gracefully allow them the extended time until 31st July 2019, but state that you will proceed straight to a court claim with no further communication if they fail to reach an acceptable resolution with you by that date. (This may look better if/when it gets to court).

What is the status of the defendant? Sole trader? Limited company?
What is the amount of the claim?

Reason for asking is that the defendant may look to fold the company and phoenix as a new entity, if the claim is a significant amount. The delay would give them more time to do this.

unholyangel

What did you say in your letter before action? That you reserve the right to commence legal proceedings without further communication if the matter isn't resolved within 14 days? Or just that they should respond within 14 days?

What exactly is the issue? 14 days is the minimum period that should be given for simple matters. For more complex matters, up to 3 months should be given (as per civil procedure rules on pre-action protocol).

mamabuddah

Claiming £3k
Small Claims Court.
My letter ended with,

“In closing, should I not receive a response to my letter within the next 14 days I anticipate that court action will be commenced with no further reference to you. I look forward to hearing from you”

It is quite a simple matter, even though 14 days for the letter is the minimum, they have ignored texts, emails and phone calls for over two months now.

There are no indications that they are registered as a LTD company although registered for vat.

I would assume the owner of the firm is acting as a sole trader.

DoaM

Assumption is the mother of all F ups ... you need to check. You need to make sure any claim you raise is against the correct entity as this is very important. Is there a company number on any paperwork you've received from them? If yes you can check at Companies House online.

https://beta.companieshouse.gov.uk/

Based on the wording of your letter they've complied with what you asked ... they've responded within 14 days. So I'd suggest you follow that up per my post above, or wording similar to that in post #3.

macman

As above, if they are trading as a ltd company and you claim against an individual as a sole trader, then your claim will fail and you will have to pay costs.
A ltd company is a separate legal entity to it's directors or owners-a sole trader is not.

mamabuddah

Can’t find anything on a companies house search,
all I can see is a VAT number and a

Business Name: his name
Trade Name: what he calls his business

Which leads me to believe he is a sole trader.

Their invoices/quotes make no mention of being a LTD company either, they show just the Trade Name, Bank Details and VAT number.

DoaM

https://www.google.co.uk/search?q=vat+number+search