Letter before Action template required

dldbsl

Hi All

Looking for a template I can use to send to someone owing me money - prior to small claims Court.

In simple terms this is whats happened:
Early Feb 2019 I contacted a guy advertising replacement insulated conservatory roofs via Facebook Marketplace.
He quoted £2600 for materials / labour.
He asked for £1900 for materials so this was paid.
Some materials arrived - about £1000 worth.
The work was to commence at the weekend.
Couple days before got a message to say he had an accident and couldnt do the work and would be in touch.
Several weeks went by and no word. No response to texts / messages / calls. Ads on FB then removed.
I left negative feedback on FB. Afer a couple of weeks guy contacted me. Unable to give a start date so I cancelled the job as I had lost trust / confidence in him.
Asked for a refund of £900 - being what I paid less materials.
He agreed but gave no date when he would pay and asked to remove feedback as affecting his ability to work - I complied.Weeks went by and he was again ignoring messages / texts etc. I continued with negative feedback on FB.
In late April the guy contacted me out of the blue. Would refund in part but it was conditional in removing neg feedback. I declined at which point he withdrew offer to refund saying it was compensation for loss of work.
He never gave me his address so I had to spend £90 using a tracing agency.

Currently I sent his a letter 2 weeks ago asking for my money giving 2 weeks to pay up. He received the letter as it was sent signed for.

I now need to follow this up with a Letter before (court) action.
Has anyone got a template I can use that complies with court protocol? I need to send this week.

Much appreciated in advance + any advice appreciated too

JJ_Egan

Google is best

dldbsl

done that - not much help

da_rule

The protocol really isn't that complicated and you'll be unlikely to find one that is easily adaptable as each case really does have its own facts etc.

Essentially:
1) Give him least 14 days to reply/give you the remedy you are seeking;
2) Set out what you want him to do in order to avoid court;
3) Set out what happened and on what legal basis the money is owed to you;
4) Make sure that it's headed 'Letter Before Action';
5) Don't send it recorded, but get proof of postage.

waamo

da_rule wrote: »

The protocol really isn't that complicated and you'll be unlikely to find one that is easily adaptable as each case really does have its own facts etc.

Essentially:
1) Give him least 14 days to reply/give you the remedy you are seeking;
2) Set out what you want him to do in order to avoid court;
3) Set out what happened and on what legal basis the money is owed to you;
4) Make sure that it's headed 'Letter Before Action';
5) Don't send it recorded, but get proof of postage.

Agree 100 percent about not using signed for. If he knows what it is he may refuse to accept it.

pinkshoes

da_rule wrote: »

The protocol really isn't that complicated and you'll be unlikely to find one that is easily adaptable as each case really does have its own facts etc.

Essentially:
1) Give him least 14 days to reply/give you the remedy you are seeking;
2) Set out what you want him to do in order to avoid court;
3) Set out what happened and on what legal basis the money is owed to you;
4) Make sure that it's headed 'Letter Before Action';
5) Don't send it recorded, but get proof of postage.

In addition to this, for step 3 I would get a couple of quotes to complete the work, then claim for this plus any additional costs e.g. fee to trace him etc...

How do you know the exact cost of materials receive? Was there an invoice with them?

NeilCr

https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/Problems-with-goods---letter-before-court-action/

I've used both of these and adapted for the particular situation

dldbsl

when i asked for a refund he said the delivered materials were 1100...since been to eurocell who priced up for me to say the 1100 would include his markup of 10 to 20% which they would allow his as a trade customer

dldbsl

NeilCr wrote: »

https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/Problems-with-goods---letter-before-court-action/

I've used both of these and adapted for the particular situation

just what i was looking for - thank you
CAB site has 106 pages of letters and the one they sent me didnt seem suitable

https://www.citizensadvice.org.uk/consumer/template-letters/letters/consumer-template-letters/letter-to-warn-trader-about-court-action-for-faulty-goods/

dldbsl

waamo wrote: »

Agree 100 percent about not using signed for. If he knows what it is he may refuse to accept it.

i agree - he got the 1st letter i sent tracked / signed but doubt he will fall for it again

davidmcn

dldbsl wrote: »

i agree - he got the 1st letter i sent tracked / signed but doubt he will fall for it again

There's no harm in sending it in duplicate - one signed for, one not - if you get a signature on delivery then that's a bonus, to the extent that he could have any argument about not getting it.