Is this good enough for a Letter Before Claim?

Mason7773

I am from England.

I have sent a reminder letter which has been ignored/the amount owned wasn't paid by the agreed date.

I have just written a Letter Before Claim. I wanted to get some advice on whether it's okay to be sent as it currently it is.

There are so many ways, protocols etc. I'm just a bit confused now so I wanted to get it checked out before I send it!

Please advise on whether I need to change things or implement more information.

I would greatly appreciate it!

The debtor has blocked me on all platforms as far as I can see. I sent a reminder nearly two weeks before the deadline and haven’t heard a single thing. I have proof of everything mentioned below.

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MY ADDRESS / DEBTORS ADDRESS / DATE

Dear [Surname]

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

It was agreed on Monday 6th January 2020, using WhatsApp, that I would loan you the sum of £200 which was received to you by bank transfer on the same day. £100 was the amount we decided that was to be paid back to me before Tuesday 28th January 2020 and a further £100 to be paid to me by the following pay day.

Following this agreement, you requested a further loan of £350 from myself on 11th January 2020. It was arranged that the new repayment of £450 would be paid back to me by 28th January 2020. The remaining balance was agreed to be paid by the following pay day.

On Friday 17th January 2020 you confided in me that the £350 that I had leant you had been stolen from your locker at work. I sympathised with you and agreed to decrease the first repayment of £450 to be received by Tuesday 28th January 2020 to £350. Furthermore, on the same day I offered to reduce the first instalment further to £250, however, you stated you could not confirm this new amount until you received your wages.

As the deadline for the first instalment has now passed and I am yet to hear from you, I expect the full amount of £550 owed to be paid.

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. Also, legal proceedings may affect any credit rating. The cost of legal proceedings and any other amounts which the court orders, must also be paid, in addition to the debt.

I look forward to hearing from you within the next 14 days.

Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you.

Regards

Me

[Deleted User]

Mason7773 wrote: »

I am from England.

I have sent a reminder letter which has been ignored/the amount owned wasn't paid by the agreed date.

I have just written a Letter Before Claim. I wanted to get some advice on whether it's okay to be sent as it currently it is.

There are so many ways, protocols etc. I'm just a bit confused now so I wanted to get it checked out before I send it!

Please advise on whether I need to change things or implement more information.

I would greatly appreciate it!

The debtor has blocked me on all platforms as far as I can see. I sent a reminder nearly two weeks before the deadline and haven’t heard a single thing. I have proof of everything mentioned below.

---

MY ADDRESS / DEBTORS ADDRESS / DATE

Dear [Surname]

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

It was agreed on Monday 6th January 2020, using WhatsApp, that I would loan you the sum of £200 which was received to you by bank transfer on the same day. £100 was the amount we decided that was to be paid back to me before Tuesday 28th January 2020 and a further £100 to be paid to me by the following pay day.

Following this agreement, you requested a further loan of £350 from myself on 11th January 2020. It was arranged that the new repayment of £450 would be paid back to me by 28th January 2020. The remaining balance was agreed to be paid by the following pay day.

On Friday 17th January 2020 you confided in me that the £350 that I had leant you had been stolen from your locker at work. I sympathised with you and agreed to decrease the first repayment of £450 to be received by Tuesday 28th January 2020 to £350. Furthermore, on the same day I offered to reduce the first instalment further to £250, however, you stated you could not confirm this new amount until you received your wages.

As the deadline for the first instalment has now passed and I am yet to hear from you, I expect the full amount of £550 owed to be paid.

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. Also, legal proceedings may affect any credit rating. The cost of legal proceedings and any other amounts which the court orders, must also be paid, in addition to the debt.

I look forward to hearing from you within the next 14 days.

Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you.

Regards

Me

It's too wordy. Just state the amounts and the day you loaned them. Then give your 'friend' a set time frame to pay up, say 10 days. I'd also put "Letter Before Action" at the top of the letter. You don't need to tell your friend what a court might do, just keep it simple and get proof of postage.