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logicaltelecom
9th June 2010, 10:25
Hi guys,
I have a small problem. I got our solicitor to send a customer an LBA for £468.78. The customer has replied asking for a basis of our claim and any supporting documents. Ive sent him a statement and request for explanation for non-payment of debt. Ive heard nothing. "Pre-Action direction of Protocol" has been mentioned to which I know nothing about. Without incurring high Solicitors fees, can someone please help me, explain in simple terms if I've gone about this wrong way?

Cheers in advance

seanstevens
9th June 2010, 10:59
Pre-Action Protocol (http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_pre-action_conduct.htm)

Personally I would have asked the question for an explanation for non-payment prior to sending the LBA. In order to follow through, do you know if the customer has the funds to pay or has any assets etc?

logicaltelecom
9th June 2010, 11:07
Hi, yeah he has the funds, he's just making us jump through hoops and hopefull get us to trip up so he doesn't have to pay.

He's an accountant with a good business so there will be no problems with his business/cash flow

Clarkmans
9th June 2010, 11:18
Hi

The Pre-action protocol just states that parties should try to exchange information before proceedings are issued. Sending your invoice is likely to be sufficient. The protocol also requires the Defendant to send a full written reply so if he is preaching this then point out that he is also bound by it.

If you want to read it link is below

http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_pre-action_conduct.htm

We offer low fixed fees for small claims work and if he has no defence then most of our fees can be recovered from the Defendant. Feel free to call/email me if you want a quote.

Good luck getting your money back!

Clare