Letter before Action

[Indi Saangha]

Hi everyone,

I want to construct a letter before action - Any help/guidelines/precedent on this?

I want to create a comprehensive template that I can use for almost any future unpaid debts. Would be great if someone could point me in the right direction for this. I know the basics of giving details of unpaid debt and how much but the structure is where I am struggling.

I understand recovering from B2C you must follow pre-action protocol as per CPR. However what about B2B?

Any help would be wonderful!

 

[The Byre]

I think you should contact @smallclaimsassistance on this forum.

 

[ethical PR]

There are lot of templates online @Indi Saangha including CAB. The process is the same regardless of whether you are an individual or business to business for Small Claims Court.

It's always best not to have debts in the first place. Credit check customers and don't offer credit to customers, have them pay up front.

 

[Indi Saangha]

There are lot of templates online @Indi Saangha including CAB. The process is the same regardless of whether you are an individual or business to business for Small Claims Court.

It's always best not to have debts in the first place. Credit check customers and don't offer credit to customers, have them pay up front.

Hi thank you for the reply the claim is for about 50,000. It's a business to business, which CPR rules do I follow? I want to get a comprehensive template for this where I can use for the future. Thanks

 

[Newchodge]

If you expect to have multiple debtors owing you £50,000 for which you need to take legal recovery action, you may want to re-think your credit decisions.

£50,000 does not go through the small claims court.

 

[Indi Saangha]

If you expect to have multiple debtors owing you £50,000 for which you need to take legal recovery action, you may want to re-think your credit decisions.

£50,000 does not go through the small claims court.

1 debtor owes me 50000 I just want to send a letter before action, how can I do this?

 

[The Byre]

£50k has to go through the regular courts and requires a lawyer. In theory, you can do it all yourself, but trying to do so would be beyond madness!

 

[Indi Saangha]

£50k has to go through the regular courts and requires a lawyer. In theory, you can do it all yourself, but trying to do so would be beyond madness!

How do the Rules differ from B2B debt claim and B2C debt claim

 

[Mr D]

How do the Rules differ from B2B debt claim and B2C debt claim

B2C has more protection for the consumer.
The B2B debt - the company is still trading?

 

[The Byre]

Well, there are the various consumer protection laws, the 2015 one in particular - but that is not the point! A £50k action can go wrong more quickly, than a £50 action, as the other side (unless they are off their heads) will hire a lawyer who will look at every aspect of your LBA and all other aspects of the case, so any DIY approach can cost you dearly!

 

[Indi Saangha]

B2C has more protection for the consumer.
The B2B debt - the company is still trading?

I understand for B2C you use the pre action protocol
BUT for B2B what can you use, I really just want to make a template.

Well, there are the various consumer protection laws, the 2015 one in particular - but that is not the point! A £50k action can go wrong more quickly, than a £50 action, as the other side (unless they are off their heads) will hire a lawyer who will look at every aspect of your LBA and all other aspects of the case, so any DIY approach can cost you dearly!

I am a paralegal and I am looking to create a document which fee earners at my solicitors can use for regular debt claims and failure to pay invoices etc. Just like a warning, pay by this date. I want to know any rules/template

 

[The Byre]

You are asking me to do your job for you???????

That's one step up from "Can somebody answer this homework question for me? It has to be in by Monday!"

 

[Mr D]

I understand for B2C you use the pre action protocol
BUT for B2B what can you use, I really just want to make a template.



I am a paralegal and I am looking to create a document which fee earners at my solicitors can use for regular debt claims and failure to pay invoices etc. Just like a warning, pay by this date. I want to know any rules/template

Umm... your bosses will know far more about whats involved than most of us.
We know some of the practical side, some of us having taken action. But won't know or have access to as much information as your bosses.

 

[ethical PR]

I understand for B2C you use the pre action protocol
BUT for B2B what can you use, I really just want to make a template.



I am a paralegal and I am looking to create a document which fee earners at my solicitors can use for regular debt claims and failure to pay invoices etc. Just like a warning, pay by this date. I want to know any rules/template

Wow I can't believe you came on a business forum for help in doing this. Ask your fee earners who are going to benefit from you doing this for their help. If they don't know how to do this, they shouldn't be practising solicitors.

And if you don't know the difference between what goes to a small claims court and what doesn't or know how to research it .......