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easy clean

  • Posts: 570
Letter before action
« on: December 11, 2019, 05:09:20 pm »
As title says does anybody have a good template I could use to try and recover some money outstanding. Thanks in advance

Splash & dash

  • Posts: 4364
Re: Letter before action
« Reply #1 on: December 11, 2019, 05:17:52 pm »
Google has plenty of examples , but if you are going to pursue it in court then it has to be worded in a certain way to make it legally binding look at small claims court it tells you what the letter needs to contain and needs to be sent recorded delivery , but most of the scum bags guess what it is and won’t sign for it 😬😬😬

Spruce

  • Posts: 8462
Re: Letter before action
« Reply #2 on: December 11, 2019, 05:23:19 pm »
Google has plenty of examples , but if you are going to pursue it in court then it has to be worded in a certain way to make it legally binding look at small claims court it tells you what the letter needs to contain and needs to be sent recorded delivery , but most of the scum bags guess what it is and won’t sign for it 😬😬😬

You could try and put it in a box.
Success is 1% inspiration, 98% perspiration and 2% attention to detail!

The older I get, the better I was ;)

Slacky

  • Posts: 8279
Re: Letter before action
« Reply #3 on: December 11, 2019, 05:28:17 pm »
Google has plenty of examples , but if you are going to pursue it in court then it has to be worded in a certain way to make it legally binding look at small claims court it tells you what the letter needs to contain and needs to be sent recorded delivery , but most of the scum bags guess what it is and won’t sign for it 😬😬😬

It doesn't need to be sent recorded delivery. You just need proof you sent it.

Proof of its  arrival isn't required.

Splash & dash

  • Posts: 4364
Re: Letter before action
« Reply #4 on: December 11, 2019, 05:33:22 pm »
Google has plenty of examples , but if you are going to pursue it in court then it has to be worded in a certain way to make it legally binding look at small claims court it tells you what the letter needs to contain and needs to be sent recorded delivery , but most of the scum bags guess what it is and won’t sign for it 😬😬😬

It doesn't need to be sent recorded delivery. You just need proof you sent it.

Proof of its  arrival isn't required.




Sorry to disagree but you do have to prove delivery or it makes it much more complicated I have just been through this process , and finally got a ccj against the customer with very little likely hood of getting any money , 6 others have also got ccj against the same person and they haven’t got paid either

Slacky

  • Posts: 8279
Re: Letter before action
« Reply #5 on: December 11, 2019, 05:38:34 pm »
CCJs are CCJs, whats that got to do with proof of posting a letter?

Status Check

Re: Letter before action
« Reply #6 on: December 11, 2019, 05:40:11 pm »

Splash & dash

  • Posts: 4364
Re: Letter before action
« Reply #7 on: December 11, 2019, 05:54:03 pm »
CCJs are CCJs, whats that got to do with proof of posting a letter?



You have to send a before action letter before going to the courts to get a ccj

Slacky

  • Posts: 8279
Re: Letter before action
« Reply #8 on: December 11, 2019, 06:26:34 pm »
CCJs are CCJs, whats that got to do with proof of posting a letter?



You have to send a before action letter before going to the courts to get a ccj

But you still dont need to prove its been received. Only that you sent it.

Ive had CCJs against me and none of them involved me signing anything indicating proof of reciept.

Splash & dash

  • Posts: 4364
Re: Letter before action
« Reply #9 on: December 11, 2019, 07:57:16 pm »
CCJs are CCJs, whats that got to do with proof of posting a letter?



You have to send a before action letter before going to the courts to get a ccj

But you still dont need to prove its been received. Only that you sent it.

Ive had CCJs against me and none of them involved me signing anything indicating proof of reciept.


Proof of receipt is required to prove the person has received it as they could claim that they were unaware of the action being taken , proof of postage is ok but it goes better in court with a signed fir receipt, my soliciters , dealt with it all Ime sure if it wasn’t needed they wouldn’t have said it was .

p1w1

  • Posts: 3873
Re: Letter before action
« Reply #10 on: December 11, 2019, 08:57:16 pm »
Google has plenty of examples , but if you are going to pursue it in court then it has to be worded in a certain way to make it legally binding look at small claims court it tells you what the letter needs to contain and needs to be sent recorded delivery , but most of the scum bags guess what it is and won’t sign for it 😬😬😬

It doesn't need to be sent recorded delivery. You just need proof you sent it.

Proof of its  arrival isn't required.
Thats right.

Splash & dash

  • Posts: 4364
Re: Letter before action
« Reply #11 on: December 11, 2019, 09:16:21 pm »
Google has plenty of examples , but if you are going to pursue it in court then it has to be worded in a certain way to make it legally binding look at small claims court it tells you what the letter needs to contain and needs to be sent recorded delivery , but most of the scum bags guess what it is and won’t sign for it 😬😬😬

It doesn't need to be sent recorded delivery. You just need proof you sent it.

Proof of its  arrival isn't required.
Thats right.




So why do soliciters say it’s best to have it ,? How many times have you taken someone to court and successfully won’t the case .? If you don’t have proof of delivery it will slow down the claim and with a good solicitor evan be thrown out of court , we have been successful in all our court cases , if Ime not mistaken you are a window cleaner not a solicitor , they are the legal experts not you and I   

Richard iSparkle

  • Posts: 2491
Re: Letter before action
« Reply #12 on: December 11, 2019, 09:33:06 pm »
for the price of it just send it signed for.

you're best hope of getting the money is to scare them into paying you, so if you make sure its signed for it makes it more formal
iSparkle Window Cleaning

www.isparklewindowcleaning.uk

Splash & dash

  • Posts: 4364
Re: Letter before action
« Reply #13 on: December 11, 2019, 09:42:08 pm »
for the price of it just send it signed for.

you're best hope of getting the money is to scare them into paying you, so if you make sure its signed for it makes it more formal


Yes that would be fine but they are crafty and refuse to sign for delivery as the suspect that it’s a letter before action , there were 6 different companies all stitched up buy this guy we all now have ccj against him and now due to the amount of money owed we are taking joint action to force the sale of his house , as he has moved abroad , it’s a long slow process, but we will get there in the end and all this extra expense will end up costing him evan more money 😂😂😂

p1w1

  • Posts: 3873
Re: Letter before action
« Reply #14 on: December 11, 2019, 09:55:13 pm »
Google has plenty of examples , but if you are going to pursue it in court then it has to be worded in a certain way to make it legally binding look at small claims court it tells you what the letter needs to contain and needs to be sent recorded delivery , but most of the scum bags guess what it is and won’t sign for it 😬😬😬

It doesn't need to be sent recorded delivery. You just need proof you sent it.

Proof of its  arrival isn't required.
Thats right.




So why do soliciters say it’s best to have it ,? How many times have you taken someone to court and successfully won’t the case .? If you don’t have proof of delivery it will slow down the claim and with a good solicitor evan be thrown out of court , we have been successful in all our court cases , if Ime not mistaken you are a window cleaner not a solicitor , they are the legal experts not you and I   
Yes best to have it but not necessarily required... Yep already said, need proof of it being delivered/sent not received. No not mistaken.

Splash & dash

  • Posts: 4364
Re: Letter before action
« Reply #15 on: December 11, 2019, 10:11:01 pm »
Google has plenty of examples , but if you are going to pursue it in court then it has to be worded in a certain way to make it legally binding look at small claims court it tells you what the letter needs to contain and needs to be sent recorded delivery , but most of the scum bags guess what it is and won’t sign for it 😬😬😬

It doesn't need to be sent recorded delivery. You just need proof you sent it.

Proof of its  arrival isn't required.
Thats right.




So why do soliciters say it’s best to have it ,? How many times have you taken someone to court and successfully won’t the case .? If you don’t have proof of delivery it will slow down the claim and with a good solicitor evan be thrown out of court , we have been successful in all our court cases , if Ime not mistaken you are a window cleaner not a solicitor , they are the legal experts not you and I   
Yes best to have it but not necessarily required... Yep already said, need proof of it being delivered/sent not received. No not mistaken.





Ime no legal expert but have taken quite expensive legal action and this is the advice from top soliciters proof of postage isn’t enough , the guy we are dealing with is as slippery as an eel and knows the legal system inside out , that’s why he wouldn’t accept or sign for the court papers and letter of pending action , you can proceed with proof of postage but it takes a lot longer costs considerably more as his legal team claim that the letter of intent was never delivered , so it’s a long slow process, Ime the small company in this case 4 of the 6 are huge national firms so money is no object for them , they have evan sent private detectives to Thailand to track him down , which they have now done , his house in this country will be sold to pay what is owed and the legal costs will be picked up by him in the end but it s predicted it will take 3+ years to accomplish this but the big firms involved Will Pursue it regardless of what it costs in the mean time , I couldn’t afford to do that , so Ime very grateful for there expertises and legal team

Slacky

  • Posts: 8279
Re: Letter before action
« Reply #16 on: December 11, 2019, 10:14:52 pm »
'Advice' is different to whats required.

Its advisable to have an MOT before you drive on the road, but it isn't required in a practical sense.

Slacky

  • Posts: 8279
Re: Letter before action
« Reply #17 on: December 11, 2019, 10:17:02 pm »
Everyone will advise you to get proof of receipt, your solicitor will, the C.A.B. will; but it isn't required to take someone to court  and sue them.

They do it as a 'belt and braces' exercise.


Splash & dash

  • Posts: 4364
Re: Letter before action
« Reply #18 on: December 11, 2019, 10:24:17 pm »
Everyone will advise you to get proof of receipt, your solicitor will, the C.A.B. will; but it isn't required to take someone to court  and sue them.

They do it as a 'belt and braces' exercise.


It makes life a lot easier if it’s signed for  we have had to go to court many times beacause we didn’t have proof of delivery , as I say this guy is very clued up on the law and ways to try and make life difficult for us so that we drop the claim , you missed your calling in life you should be a barrister not a window cleaner 😂😂. The firms involved in this case arnt some tin pot small firms they are huge national companies I cannot mention there names on a public forum as it would jepodise the on going court cases , but trust me they have some of the best legal representation in the country and if they say proof of delivery by signature is best who are you or I to argue with that .

Slacky

  • Posts: 8279
Re: Letter before action
« Reply #19 on: December 11, 2019, 10:34:53 pm »
Everyone will advise you to get proof of receipt, your solicitor will, the C.A.B. will; but it isn't required to take someone to court  and sue them.

They do it as a 'belt and braces' exercise.


It makes life a lot easier if it’s signed for  we have had to go to court many times beacause we didn’t have proof of delivery , as I say this guy is very clued up on the law and ways to try and make life difficult for us so that we drop the claim , you missed your calling in life you should be a barrister not a window cleaner 😂😂. The firms involved in this case arnt some tin pot small firms they are huge national companies I cannot mention there names on a public forum as it would jepodise the on going court cases , but trust me they have some of the best legal representation in the country and if they say proof of delivery by signature is best who are you or I to argue with that .

You don't need to argue with it. Its not required.  ;D