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  • Letter before claims

    This question is out of curiosity! Is there a time limit on the new letter before claims or can a claim be issued at any time after the letter has been returned?
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

  • #2
    Originally posted by cymruambyth View Post
    Is there a time limit on the new letter before claims or can a claim be issued at any time after the letter has been returned?

    I don't believe there's a 'Use By Date' on a Letter before Claim. It's an obligation under CPR to give you a minimum (not maximum) time to engage before a claim should be issued.

    A lot will depend on the content of the response sent by the debtor to the LBC and/or whether that prompts an attempt to settle (which fails) or a request for disclosure of documents which takes time to fulfil. That's why it's a delicate balance between asking for too much and asking for too little.

    If you ask for everything they need, you give them the opportunity to get all their ducks in a row before they issue. If they issue without all the documentation they need then they are under pressure timewise to source or reconstitute what they need so risk the claim being struck out.

    Any issues surrounding the LBC process are likely to become part of a discussion over legal costs after a claim has been issued and won or lost.

    So there isn't really a definitive answer to your question I'm afraid

    Di
    Legal Disclaimer

    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    • #3
      Originally posted by Diana Mayhew View Post

      So there isn't really a definitive answer to your question I'm afraid

      Di
      But.......A very interesting and informative take on the way to proceed.........Thought provoking stuff
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #4
        Thanks Di, I was just intrigued and being an optimist!
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          Originally posted by cymruambyth View Post
          Thanks Di, I was just intrigued and being an optimist!

          I'm afraid the Sword of Damocles is always there until a debt becomes undeniably Statute Barred.

          Di
          Legal Disclaimer

          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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          • #6
            Just under 3 years to go then!
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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