Letter Before Action - addressee wrong?

Can anyone suggest what to do here?
My husband has received a Letter Before Action regarding damage to a holiday park let that we were accused of (we didn't do it). All previous communication has been with me- their initial phone call, and subsequent emails regarding the damage. The Letter Before Action is addressed to my husband and refers to 'as discussed previously' and ' your photos' -  however, the discussion has been with me not him, and they were my photos which I emailed. My husband was the primary 'guest' and the holiday was booked in his name as he paid for it, but my email address was provided just for ease as I was sorting out the logistics, etc.
So my question is, should he just proceed with responding to the letter, or do they need to send another letter addressed to me? 
Hope this makes sense! Thank you.

Comments

  • user1977
    user1977 Posts: 17,257 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    If the contract was with him then I would think it more correct for any legal action to be against him, and therefore so should the letter before action. Doesn't really matter who was doing the correspondence in between.
  • Arunmor
    Arunmor Posts: 524 Forumite
    500 Posts First Anniversary Name Dropper
    Their contract is with your husband, he should have been dealing with it.  In effect you are acting as his agent.

  • Thank you- that makes complete sense. Just wanted to be sure before responding to the Letter Before Actrion. 
  • Okell
    Okell Posts: 2,300 Forumite
    1,000 Posts First Anniversary Name Dropper
    As above I don't think it makes any difference but you might want to post on Legal Beagles anyway for general advice on how to handle this:  Court Claims and Issues - LegalBeagles Forum

    (PS  -  unless you accept you caused the damage I think the usual advice is to ignore Letters Before Action - they are often just used as a threat with no intention of actually issuing a claim - and only to be concerned once you receive an actual court claim against you.  But nothing wrong in being prepared for the worst...)
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