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Confused by the claims process

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From what Ive read on here, im going around in circles.. can someone comment?

 

Way I see it :-

 

1) you send an inivoice, 14 days to pay, " i reserve to take legal action without further notice to you" written on it

2) Send a notice before action FORM (it used to just be a letter but now is this form? https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

3) proceed with coourt claim after 90 days?

 

Citzen advice here, says something else https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/Problems-with-goods---letter-before-court-action/

 

Can somsone clarify?

 

This is for an unpaid invoice.

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Broadly,

  1. you wait until you consider that the invoice is unpaid
  2. you then send a letter before claim giving 14 days
  3. you then issue the claim immediately on expiry of the 14 days

 

Where did you get the 90 days from?


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I've followed the citizens advice link that you posted.

 

They suggest a letter which is clearly almost 3 years out of date because it still refers to the sale of goods act.

 

Also, following another link in the same section, they say that once you issue the proceedings you will have to wait for 14 days for defence but it could go on for as long as 90 days depending on the complexity of the case.

 

I'm very sorry to Citizens Advice but this is completely wrong. The time limit for filing defences either 14 days or if they file an acknowledgement then 28 days. If they fail to respond in that time then you move in immediately and apply for judgement.


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I'm very sorry to Citizens Advice but this is completely wrong. The time limit for filing defences either 14 days or if they file an acknowledgement then 28 days. If they fail to respond in that time then you move in immediately and apply for judgement.

 

Citizens Advice is correct. For complex cases, pre-action conduct and protocols under the Civil Procedure Rules allow up to 3 months.

 

"Paragraph 6(b)

 

The steps will usually include-

 

(b) the defendant responding within a reasonable time - 14 days in a straight forward case and no more than 3 months in a very complex one."

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#6.1

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The above is not applicable to civil money claims...only to the following type claims...

 

Protocols in force

18. The table sets out the protocols currently in force and from which date.

 

Protocol Came into force

Personal Injury 6 April 2015

Resolution of Clinical Disputes 6 April 2015

Construction and Engineering 9 November 2016 2nd Edition

Defamation 02 October 2000

Professional Negligence 16 July 2000

Judicial Review 6 April 2015

Disease and Illness 8 December 2003

Housing Disrepair 6 April 2015

Possession Claims by Social Landlords 6 April 2015

Possession Claims for Mortgage Arrears 6 April 2015

Dilapidation of Commercial Property 1 January 2012

Low Value Personal Injury Road Traffic Accident Claims 30 April 2010 extended from 31 July 2013

Low Value Personal Injury Employers’ and Public Liability Claims 31 July 2013

Updated: Friday, 17 February 2017

 

 

Read here......30 days in Civil Money Claims. or 60 if the debtor requests disclosure

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice-1st-Oct-2017


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You are misunderstanding the Civil Procedure Rules. All of the above are civil claims but are civil claims for which there is a pre-action protocol.

 

That list is slightly outdated and the full list can be found here:

 

https://www.justice.gov.uk/courts/procedure-rules/civil/protocol

 

Where a claim falls within the definition of the above protocols, the relevant pre-action protocols apply. Where there is no relevant pre-action protocol, the practice direction applies. For the majority of civil claims made by an individual, there is no pre-action protocol. These are claims made against against other individuals or businesses where none of the above pre-action protocols are relevant. In those cases, the practice direction which I linked to before is relevant, as below:

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

 

"6. Where there is a relevant pre-action protocol, the parties should comply with that protocol before commencing proceedings. Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, bearing in mind that compliance should be proportionate. The steps will usually include—

 

(a) the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;

 

(b) the defendant responding within a reasonable time - 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of any counterclaim; and

 

© the parties disclosing key documents relevant to the issues in dispute."

 

 

 

That link is the Pre-action Protocol for Debt Claims which is for businesses making a claim against an individual as outlined in 1.1:

 

"1.1 This Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader)."

 

It does not apply to claims made by an individual.

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The OP may be a Business pursuing a debt.?....

 

 

" Way I see it :- 1) you send an invoice, 14 days to pay, " i reserve to take legal action without further notice to you" written on it"


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Ltd. company, requesting an invoice is paid. Two man band

 

The business refuses to pay labour costs of a callout, £1500.

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