Letter Before Action

renalt

Has anybody used a solicitors 'letter before action' online services?

I'm looking to send a LBA to somebody who owes me £400 in the hope it will encourage them to pay.

Valli

It's easy enough to knock up a Letter Before Action

BUT

if they don't pay are willing to bring the action (small claim)?

Have you got proof that you're owed the £400 - you'll need it even if it's just a text or email from the debtor acknowledging the debt.

renalt

I have proof via messaging.

Just thinking that a letter from a solicitor might seem more formal (and be more effective) than a personal letter.

Valli

It's not a 'personal' letter though.

You type LETTER BEFORE ACTION

You give the debtor a timeframe within which to repay the debt in full (eg 28 days) and you advise them that, after that period, if the debt has not been paid then you will escalate to Small Claims Court, where the cost of the debt will rise to include the cost of bringing the action and any additional expenses.

A solicitor may well charge £100 to send the letter - that's a quarter of the debt!

steampowered

There are a few debt collection companies that will spit out a template automated letter for a few quid.

To be honest I'm not sure that approach is effective. It feels very sausage factory like. Suitable perhaps for companies with hundreds of debtors but not for individual cases.

I'd think a well written letter you do yourself using an appropriate template will have more impact.

DCFC79

Whats the back story ?

Are they likely to have the funds to pay you back ?

renalt

DCFC79 wrote: »

Whats the back story ?

Are they likely to have the funds to pay you back ?

I agreed to rent a room for a month. Paid upfront.

After 2 days, the landlord wanted me to move rooms as other people were coming to stay and share the facilities (so the circumstances changed). The landlord agreed to refund the money but has since tried every excuse under the sun. They now claim to have sold the house and are awaiting payment (when they will pay me).

More likely they will do a runner.

They drive a range rover and post social media photos of visiting cities etc. They are obviously not short of money.

DoaM

Valli wrote: »

It's not a 'personal' letter though.

You type LETTER BEFORE ACTION

You give the debtor a timeframe within which to repay the debt in full (eg 28 days) and you advise them that, after that period, if the debt has not been paid then you will escalate to Small Claims Court, where the cost of the debt will rise to include the cost of bringing the action and any additional expenses.

Do the above. You can also download the claim form from the MCOL website and fill it in, and attach a copy to the LBA to show that you are serious.

renalt

DoaM wrote: »

Do the above. You can also download the claim form from the MCOL website and fill it in, and attach a copy to the LBA to show that you are serious.

Many thanks.