help needed with the 14 day/LBA stuff

[laurawilliams]

hi,

 

i sent my preliminary approach letter to halifax and within the 14 day deadline, they replied with "sorry your unhappy... we're investigating the matter, will be in touch soon..".

 

they have replied within the deadline, but its not really satisfactory is it? so should i wait for them to get back in touch? or should i continur with a letter before action, stating that their previous letter was unhelpful??

 

thanks guys,

laura

[Bookworm]

Your claim, your deadlines.

 

You asked for a REFUND within 14 days, they didn't refund you, so LBA, 7 or 14 days (how impatient are you?), then Moneyclaim on the 8th ot 15th day.

[laurawilliams]

great thanks very much!

[**Tilly**]

just read your thread my lba is up today not heard a word but mine is also for 15.000 with interest do i have to wait another seven days before filing court papers

[sea-sidelady]

My claim was over £5k as are many others. We all filed at court after the 14 days run out on the lba.

 

No problems.

[basil010]

Great so far, I ahve just got £15,599.00 out of Lloyds. They tried to defend the action by saying that the charges weren't damages, which meant we had a hearing this Tuesday, but they have paid today. just remeber that if it is over £5,000 then you have to give them 21 days. Its a technical point but they could argue on the basis that you didn't give them sufficient time. I don't expect that they will as they are paying up at the last moment on all the claims, but just be warned in case they do.

If they don't pay up and you want additional help let me know.

Best of luck

[Janet-M]

you give any company aprox 28 days before starting a claim .We advise this by 14 days prelim and 14 days LBA . You have to show the court that you have tried to have a meanigful dialogue with them that has failed and putting in a claim was your last resort .The court would look at 28 days as enough time for you to try and sort it direct with the company.

 

 

 

just remeber that if it is over £5,000 then you have to give them 21 days. Its a technical point but they could argue on the basis that you didn't give them sufficient time.

 

Where have you got this misinformation from please ?

[basil010]

Civil Procedure Rules, Part 36.

This is what the Court uses to assess and judge compliance with the legality of a claim and whether or not "reasonable" time has been given

[Bookworm]

Your information is misleading.

 

The CPR actually state that:

 

27.2 (1)The following Parts of these Rules do not apply to small claims –

(...)

 

(g)Part 36 (offers to settle )

Whilst it is true that a claim over 5k may be assigned to a different track than Small Claims, although not necessarily, the 21 days rule is irrelevant when it comes to the future claimant making a request for repayment of charges.

 

The relevant part of the CPR when it comes to the Prelim and LBA is in the Pre-Action (not surprisingly) Protocol, which states that:

 

4.3

 

The claimant's letter should –

(a)give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;

(b)enclose copies of the essential documents which the claimant relies on;

©ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period;

 

(For many claims, a normal reasonable period for a full response may be one month.)

 

 

 

I hope this helps clarify things for people who may have been confused by your response.

 

In other words, the 14 + 14 days given in the templates is correct. Just in case anyone actually doubted it.

[laurawilliams]

This topic was closed on 03/08/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group