Letter of Intention to Start Simple Procedure - Form

________
________

Date: ________

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________

Dear Sir/Madam,

RE: Letter Before Claim – Notice of Intention to Raise Proceedings under the Simple Procedure (Simple Procedure Rules 2016)

Reference: ________

This letter constitutes formal notice prior to the raising of court proceedings. It is sent in accordance with the spirit of the pre-action protocols and with reference to the Simple Procedure as governed by the Courts Reform (Scotland) Act 2014 and the Act of Sederunt (Simple Procedure) 2016 (the “Simple Procedure Rules 2016”). We ask that you read it carefully and respond within the period stated below.

§1. The Parties

1.1 This claim is intimated by ________ of ________ (the “Claimant”).

1.2 It is intimated against ________ of ________ (the “Respondent”).

§2. Background to the Dispute

2.1 The matter which is of concern to the Claimant relates to:

________

2.2 The dispute in relation to this issue has been ongoing between the parties since ________.

2.3 The factual basis and supporting documentation relied upon by the Claimant is summarised as follows: ________.

§3. Attempts to Resolve Matters

3.1 The Claimant has made the following attempts to resolve this matter without recourse to court proceedings: ________.

3.2 The Claimant suggested that the matter should be referred to ________ by way of alternative dispute resolution. The outcome of that suggestion was:

________

3.3 In view of the fact that the parties have been unable to resolve this matter by the avenues described above, the Claimant considers that it has no reasonable alternative other than to raise court proceedings against the Respondent.

§4. Claim under the Simple Procedure

4.1 This letter is sent in order to provide the Respondent with formal written notice that the Claimant now intends to raise court proceedings in order to resolve this matter.

4.2 The claim will be raised under the Simple Procedure in the Sheriff Court at ________ and will invite the Court to grant an order requiring the Respondent to pay to the Claimant the sum of £________ (________).

4.3 The sum claimed is calculated as set out below and reflects the loss and inconvenience suffered as a result of this matter:

________

4.4 Should the claim be raised, the Claimant will additionally seek payment of the applicable court fee, interest at the rate of ________ per cent per annum from ________ until payment, together with such judicial expenses as may be allowed by the Court.

§5. Documents

5.1 The Claimant relies upon the documents listed below, copies of which are enclosed. The Respondent is invited to provide copies of any documents on which it intends to rely:

________

§6. Time for Response and Notice of Intention to Proceed

6.1 The Respondent is requested to respond to this letter in writing within 28 days from the date of this letter, confirming whether the claim is admitted in whole or in part, or disputed, and setting out the grounds of any dispute.

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6.4 Proposals for settlement, or any payment, should be directed to the Claimant at the address shown above, quoting the reference at the head of this letter.

Yours faithfully,

________

For and on behalf of ________
Position: ________