Letter before Small Claim - Template, Sample Form Pro · UK-law

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SENT BY: ________

Dear ________,

LETTER BEFORE CLAIM

Re: ________

THE PARTIES:

________

of ________

('Party A' / the Claimant)

- and -

________

of ________

('Party B' / the Defendant)

This letter constitutes a formal Letter before Claim and is sent by Party A to Party B in accordance with the Practice Direction – Pre-Action Conduct and Protocols issued under the Civil Procedure Rules 1998 (the 'Practice Direction').

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Summary of Relevant Facts

1. The Agreement

(a) On ________ the Parties entered into a written contractual agreement for Party B to provide services to Party A. The agreement is titled: ________ (the 'Agreement').

(b) Under the Agreement, Party B was to provide the following services to Party A:

________

(the 'Services').

(c) It was agreed that Party B would provide the Services to Party A by ________.

(d) The agreed price payable for the Services was £________ (________).

2. The Issues

(a) Party A has identified the following issues with the Services as performed by Party B:

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(b) Party A has attempted to resolve matters with Party B in the following manner:

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(c) Notwithstanding the above, Party A has been left without a satisfactory resolution to the matters raised.

(d) Party A has been required to take the following steps in order to remedy or mitigate the issues:

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(e) In taking the above steps, Party A has incurred additional costs of £________ (________).

The Claim

1. Legal Basis

(a) It is Party A's case that Party B has breached the express and/or implied terms of the Agreement. In particular, Party A contends that the Services:

________

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(c) By reason of the matters set out above, Party A has suffered loss and damage which Party A intends to recover from Party B as set out below.

2. Quantum of Claim

(a) Party A claims from Party B the total sum of £________ (________), calculated as follows:

________

(b) In addition, Party A reserves the right to claim interest pursuant to section 69 of the County Courts Act 1984 (or, where applicable, statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998) at such rate and for such period as the court considers appropriate, together with the costs of and occasioned by any proceedings.

Documents and Disclosure

1. In accordance with paragraph 6 of the Practice Direction, Party A encloses with this letter copies of the following documents on which it relies:

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2. Party A requests that Party B provides copies of the following documents within 14 days of receipt of this letter:

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3. Party B is reminded of its obligation to preserve all documents (including electronic documents and data) relevant to this dispute, and not to destroy, delete or otherwise dispose of the same.

Response to this Letter

1. Party A requests that Party B acknowledges and responds to this letter in full within 14 days of the date of receipt, in accordance with the Practice Direction. Where the matter is complex, a longer reasonable period of up to three months may be appropriate, in which case Party B should explain why such additional time is required.

2. In its response, Party B is requested to confirm whether it accepts or disputes the claim, in whole or in part, and where the claim is disputed, to set out clearly the reasons for the dispute, the facts relied upon, and to enclose copies of any documents on which it relies.

3. Party B should also state whether it intends to instruct legal representatives in connection with this matter, and if so, provide their contact details.

Alternative Dispute Resolution

1. Party A considers that there is scope for this matter to be resolved by means of Alternative Dispute Resolution ('ADR'). In particular, Party A proposes the use of: ________

2. Party B is invited to confirm in its response whether it would be agreeable to engaging in ADR, and if not, to set out its reasons. The Parties are reminded that the court will expect them to have considered a form of ADR in order to settle the dispute, and that silence in response to an invitation to participate in ADR, or a refusal to do so, may be considered unreasonable by the court and may result in costs sanctions.

Stocktake and Court Proceedings

1. If no response to this letter is received within the timeframe set out above, or if the matter otherwise remains unresolved, Party A reserves the right to commence court proceedings against Party B without further notice, and to rely upon this letter and Party B's failure to engage on the question of costs.

2. Nothing in this letter shall be treated as a waiver of any of Party A's rights or remedies, all of which are expressly reserved.

Yours sincerely,

________

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