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Hi there, firstly apologies if this is in the wrong section. Also I thought I'd keep things quite general so that this might help more people.

 

1) If I have a contract dispute (money claim) with a supplier and have given them a letter before action (LBA) which they have replied to (I am not satisfied with their answer). Do I still have to waste time going backwards and forwards with them until they stop replying or can I just start the proceedings and issue an N1?

 

2) In their response to my LBA they had provided some evidence (SMS) which I wish to respond to by providing the whole SMS thread (I didn't think it was necessary at the time of issuing the LBA). Do I have to provide all evidence in which I intend to rely on before sending N1 or can I send it along with the N1?

 

It's been a while since I did a money claim and even though I have been successful doing LBA then N! with full docs (regardless of their negative response) I read conflicting things on the internet that would suggest things have changed a bit.

Edited by lukeylukeluke
To make the title more helpful

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Hi and Welcome to CAG

 

I have moved your thread to General Legal Issues Forum...please continue to post here to your thread.

 

https://www.consumeractiongroup.co.u...-Viewing)-nbsp

 

Regards

 

Andy


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"Who does it apply to?

 

The PAP will apply to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader)”. However, the PAP will not apply to business to business debts [except in circumstances where the businesses are sole traders]. The PAP will apply where a personal guarantee has been given by an individual on behalf of the business."

 

I, as an individual am claiming payment from a company...

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For information only.... in particular letters of claim, but as an individual you must still comply with the relevant CPR before issuing a claim.

 

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

 

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/the-rules-about-making-a-court-claim/


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For information only.... in particular letters of claim, but as an individual you must still comply with the relevant CPR before issuing a claim.

 

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

 

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/the-rules-about-making-a-court-claim/

 

Well it seems that I would need to provide all these documents before being able to issue N1 and that I would need to push for ADR. I'm just wondering at what point there is some sort of official signifier that I am allowed to start issuing claim as I can see that the defendant company is saying 'no' but is replying in a timely fashion.

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Once you feel you have exhausted all paths and its obvious that the supplier will not agree...then you issue your LBA and time frame to when a claim will be issued.

 

You have issued yours Im not aware of the time limit you stated...but if its past 14 days and you feel your not getting anywhere..I would now proceed with the N1.


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Once you feel you have exhausted all paths and its obvious that the supplier will not agree...then you issue your LBA and time frame to when a claim will be issued.

 

You have issued yours I'm not aware of the time limit you stated...but if its past 14 days and you feel your not getting anywhere..I would now proceed with the N1.

 

I stated 14 days.

 

Thank you for your reply. Yes, I feel that they have firmly planted their feet in the ground. I am worried that if I write again having already sent my LBA I will lose credibility.

 

But in your opinion, is it ok to send in further documents along with issuing the N1 or in order for these documents to be considered by the court and for PAP should I send them before N1 alond with another LBA?

 

(Basically the documents are me confirming what I had claimed in my initial complaint)

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If its repetitive information and I assume it must be " (Basically the documents are me confirming what I had claimed in my initial complaint) "

 

I dont see any point...issue the claim..you will still have chance to mediate further up until allocation of the claim...although at this stage you will have paid the issuance fee which will be added to the debt...but you could settle before paying a hearing fee.

 

You will have process to disclose all your documentation relied upon at allocation stage.

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