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Practice Direction - Pre-Action Protocol / Conduct

1 reply

Forgoodnesssakemother · 20/09/2014 19:34

Have received a letter today under the above claiming I owe money to a company.

For reasons I can't share the last time I used this service was over 2 years a ago. I far as I know the account was clear the last time I had contact with them.

There are missing elements on their letter looking at the legislation (fir example to dates of when the debt relates to), no 'ADR' and no breakdown of costs.

Am I right in thinking that:

  • I must respond and that I have to inform them of my defence?

I actually can't defend their claim because I don't know the details - is it ok not mention something know which you could bring up later to prove you have paid?

OP posts:
Huppopapa · 24/09/2014 22:54

This may be simpler than you are making it. A letter of claim should contain enough information for you to know what the potential claim against you is so that you can check your records.
You are not obliged to respond, but you would be foolish not to where there is a chance that they are simply mistaken.
I suggest something like:
"Dear Sirs,
I refer to your letter before action dated...
Unfortunately it does not appear to comply with the pre-action protocol as it does not give sufficient information for me to know how your client says the debt arose. There are no dates given, nor is there any schedule of charges and payments.
Would you please forward that information and any further data that might assist me to check my records whereupon I will be able to respond properly to your letter.
Thank you.
Yours faithfully,
Forgoodnesssakemother"
HP

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