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Notice of Intended Lit6igation


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Is it a legal requirement for a Notice of Intended Litigation to be issued to the 'debtor' before a County court claim can be made?

If a solicitor sends a letter saying their client has instructed them to issue court papers if no offer is made,does that constitute a Notice of Intended Litigation?

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LBA (Letter before Action ) would normally state a time frame for you to act and offer proposal.

 

7/14 days the norm.

 

Regards

 

Andy

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If a solicitor sends a letter saying their client has instructed them to issue court papers if no offer is made,does that constitute a Notice of Intended Litigation?

 

Yes, that would probably be sufficient if no response is then received. There's no need to send a formal 'Notice of Intended Litigation' but a letter before action is expected. However, this is only a requirement of the pre-action protocol which does not alter the legal position between the parties or prevent a claim being issued if it is not followed, it is only relevant to costs where it is relevant at all.

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