Question of LBA/N1 etiquette

[fivelaws]

I have arrived at the moment of sending my first Letter Before Action, but I have a question of etiquette for your considered opinion;

My company used to use a professional firm of debt collectors (and very good they were to). When it came to the letter before action, they recommended including a draft of the N1 claim form and to state in the letter that this was to indicate your intention to pursue a claim only if it became necessary because an agreement couldn't be reached.

They did say that it was important to refer to this in the letter as a "last course of action, if we can't come to a conclusion" otherwise the courts get huffy about you using their name as a big stick.

I want to be harsh but fair and quite like the idea of doing this, but what is the consensus?

[alanfromderby]

Originally Posted by fivelaws

I have arrived at the moment of sending my first Letter Before Action, but I have a question of etiquette for your considered opinion;

My company used to use a professional firm of debt collectors (and very good they were to). When it came to the letter before action, they recommended including a draft of the N1 claim form and to state in the letter that this was to indicate your intention to pursue a claim only if it became necessary because an agreement couldn't be reached.

They did say that it was important to refer to this in the letter as a "last course of action, if we can't come to a conclusion" otherwise the courts get huffy about you using their name as a big stick.

I want to be harsh but fair and quite like the idea of doing this, but what is the consensus?

I may be wrong, but I have a feeling that this practice has now been outlawed - although this may only relate to consumer debts. I certainly wouldn't bother - it will make no difference to the bank.