receiving a LBA

fixt

I have received a Letter Before Action which is from an individual which I believe is probably a bluff. Should I get a solicitor to look at it and reply to it?

Tucosalamanca

The general advice here seems to be don't issue an LBA unless you're prepared to see it through.

Why do you think they are bluffing? Is this related to your other thread by any chance?

I wouldn't recommend ignoring it.....

PRAISETHESUN

I don't think you necessarily need to respond to the LBA itself, but you might want to prepare for the eventually when court proceedings are issued - you would definitely need to respond then. Legal advice would probably make sense given what you've discussed in your other threads.

Also this probably doesn't belong on the techie board...

DullGreyGuy

fixt said:

I have received a Letter Before Action which is from an individual which I believe is probably a bluff. Should I get a solicitor to look at it and reply to it?

How much is the claim for?

Assuming it's not relating to a car accident (or anything else covered by insurance) and not for over £10,000 then then any costs of speaking to a solicitor would be your own costs to cover. Doesn't make much sense to pay £600 for a lawyers advice to defend a claim for £50.

There is an obligation to send a LBA but much less obligation to respond to one. 

fixt

'There is an obligation to send a LBA but much less obligation to respond to one. '
To DullGreyGuy thanks but can you elaborate on that sentence? 

martindow

fixt said:

'There is an obligation to send a LBA but much less obligation to respond to one. '
To DullGreyGuy thanks but can you elaborate on that sentence? 

It is advised to send the letter first rather than jumping straight to opening a claim.  Often they include a date saying that if there is no satisfactory response by then a claim will be issued.  Judges are not very happy if there is no LBA which could have allowed an agreement to be made without involving the courts. 

GDB2222

fixt said:

I have received a Letter Before Action which is from an individual which I believe is probably a bluff. Should I get a solicitor to look at it and reply to it?

It depends what the LBA says. Normally, it says you must do something or proceedings will be commenced. So, the question whether you are prepared to do what is requested? 

Generally, legal action is very stressful, so you should consider doing whatever is required to avoid proceedings, even if you think that you will win. 

If you think you will need a solicitor if it goes to court, it is prudent to involve them now.  Of course, you may prefer to act as a litigant in person. It depends entirely what is being demanded. 

In addition, if it’s your neighbour who has sent the letter, you should consider how best to get along together. We have difficult neighbours on one side, so I sympathise.