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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').
The purpose of this letter is to set out the basis of Party A's claim and to seek an amicable resolution of this dispute before the commencement of court proceedings. Party A draws Party B's attention to paragraphs 13 to 16 of the Practice Direction, which provide that the court will expect the parties to have complied with the Practice Direction and that a failure to do so may result in costs sanctions or other consequences.
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:
________
(b) Where Party A is acting as a consumer, Party A relies upon the implied terms set out in the Consumer Rights Act 2015, including the requirement under section 49 that the Services be performed with reasonable care and skill. Where Party A is acting in the course of a business, Party A relies upon the implied terms set out in the Supply of Goods and Services Act 1982, including the requirement under section 13 that the Services be performed with reasonable care and skill, together with Party B's contractual obligations and its duties at common law.
(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:
________
2. Party A requests that Party B provides copies of the following documents within 14 days of receipt of this letter:
________
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
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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: ________
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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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