Difference between LBA and Claim form

System

This discussion was created from comments split from: DMP mutual support thread part 13 !!.

Debtbegone2022

Please can someone advise the difference between a letter of claim and a letter before action? Is there a difference?

I have received a letter from Restons for a debt with Intrum, to say if I do not respond by x date they will be sending a letter of claim.

How do I respond to this? This is a debt for which I sent a CCA request before it was passed to Intrum and never received a response other than we are dealing with your request.

sourcrates

Moved your post for clarity.

To clarify, a "letter before action" (LBA) is a questionnaire type document sent under the civil procedure rules, with the sole intention of reaching an agreement with your lender, without the need to progress to court action.

It has a statutory 30 day return window.

A "letter of claim" (claim pack) is an notice that your lender is taking you to court and gives you the chance to defend the claim or to admit it.

You ask "How do I respond to this"?  

Well you should fill in the LBA, and return it with in 30 days obviously.

Tick the boxes for further information, very naughty of them to respond to your CCA request in this way, but they may have shot themselves in the foot if they can`t provide the evidence you request here.

Debtbegone2022

Thanks for moving my post and advising the difference between the two.

Should I have sent another CCA when the debt changed hands?

sourcrates

No, they didn`t respond, so its still outstanding, you can include a letter with your response outlining your previous request, and that it wasn`t actioned.

It is essential you respond to this well within 30 days though, otherwise it will escalate to court.

Its likely they can`t comply, so are hoping you will cave in and agree terms, if you tick that box for more info, and they cant provide it, in all likelihood this will just all go quiet again.

ManyWays

To clarify, a "letter before action" (LBA) is a questionnaire type document sent under the civil procedure rules,
Yes but confusingly a LBA may be called something else, often Letter Before Claim.

The simple way to tell what you have just received is that a Letter before Action/Claim should have several attached documents. including one headed Reply Form. 

If you have been sent court papers at the start of a claim, then one should say Claim Form at the top and in very small print at the bottom it will say N1 Claim Form.

Restons may be threatening to send a Letter Before Action/Claim or they may actually have sent one and being saying if you don't reply in 30 days you will be sent a claim form by the court. Which is it?

if you have been sent a letter Before Claim/Action, use it to request the CCA is provided. Dont waste time complaining Intrum did not send you one and ignored your request, just ask simply for another one in the relevant box when you can ask for additional documentation. 

Debtbegone2022

ManyWays said:

To clarify, a "letter before action" (LBA) is a questionnaire type document sent under the civil procedure rules,
Yes but confusingly a LBA may be called something else, often Letter Before Claim.

The simple way to tell what you have just received is that a Letter before Action/Claim should have several attached documents. including one headed Reply Form. 

If you have been sent court papers at the start of a claim, then one should say Claim Form at the top and in very small print at the bottom it will say N1 Claim Form.

Restons may be threatening to send a Letter Before Action/Claim or they may actually have sent one and being saying if you don't reply in 30 days you will be sent a claim form by the court. Which is it?

if you have been sent a letter Before Claim/Action, use it to request the CCA is provided. Dont waste time complaining Intrum did not send you one and ignored your request, just ask simply for another one in the relevant box when you can ask for additional documentation. 

Restons have sent the below, 

We are writing to you about the above account with an outstanding balance.

We would like to resolve this matter as quickly as possible and therefore ask you to scan the QR code below to log into your account on our MyRestons online portal.

If you're not able to scan the code, please visit my.restons.co.uk

We would like to work with you and visiting your online account allows you to resolve this matter without having to speak to us, by selecting one of the following options:

- Pay your balance in full.

- Make an offer of repayment by instalments.

- Complete a financial statement so that we can understand your circumstances. - Find out more information for your account.

- Update your details.

Please note that if we don't hear from you by January 22, 2025 we are instructed to send you a Letter of Claim, which is the first step in the process to recover the balance by way of legal action.

ManyWays

That is not a Letter Before Action/Claim, it is a threat of one. 

I suggest replying saying you understand the debt is currently unenforceable as Intrum have not responded to your request made in month&year for a true copy of your CCA agreement. 

Rob5342

They have to send you a letter before claim before they start legal action, Debt Camel covers the details of this. They are threatening to start legal action in that letter but haven't stated any process yet. 

https://debtcamel.co.uk/letter-before-claim-ccj/

They haven't provided the CCA yet so the debt is still unenforceable. I'd keep quiet and respond as detailed above if and when they do send a letter before claim