In this article we look at a Letter of Claim. So what is a letter of claim?
If you have received a letter of claim or you wish to make a claim yourself against someone, it is recommended that you speak to a legal expert to make sure your rights are protected.
Legal action can have far-reaching implications and it is important to understand from the outset what could happen.
The claims procedure is not always straightforward and by missing deadlines or not filing documents correctly, you could forfeit some of your rights.
An expert civil claims lawyer will be able to guide you through the process and ensure that your claim is presented or defended properly.
When Do You Use A Letter Of Claim?
Our letter of claim solicitors and civil claims experts deal with cases of all sizes and across a full range of issues, including:
- Breach of contract.
- Disputes over payment of debts.
- Neighbour disputes.
- Property disputes.
- Boundary disputes.
- Professional negligence claims.
- Landlord and tenant disputes.
- Wills and probate disputes.
Where To Find A Letter Of Claim Solicitor?
We offer solicitors in all parts of the UK, with specialist civil claims and letter of claim lawyers in England, Ireland, Northern Ireland, Scotland and Wales on our books.
How Much Does Our Service Cost?
We can match you with a local letter of claim solicitor free of charge. You can have an initial discussion with them with no obligation to instruct them. You will not be liable for any costs until you decide whether to ask them to represent you. Only once you engage them to be your solicitor will you agree to pay them for their services.
What Is A Letter Of Claim?
A letter of claim, also referred to as a letter before action, is the first step in bringing legal case against someone. It is an official warning that you intend to pursue your claim in court.
It should be tailored to the specific circumstances of your case, but will generally include the following information:
- Your name and address.
- A summary of the facts.
- Details of the claim you are making.
- A list of the debts owed, if appropriate.
- A set time in which the other party must respond, usually 14 days.
- Confirmation that you will commence court action if the other party does not respond within a set period of time.
Why Do I Need A Solicitor For A Letter Of Claim?
Bringing or defending a claim has to be done in a certain way, following the procedure known as the pre-action protocol.
If you do not properly follow this, then you could be penalised in due course, for example, when the court decides who will pay the legal costs of the case.
A solicitor will also be able to advise you of your best options in dealing with a claim. Our solicitors are very often able settle matters without the need for litigation.
By entering into correspondence with the other party and their legal representative, your solicitor will be able to set out your case and provide evidence to back this up. A strong claim or defence at an early stage can often prevent matters escalating.
Our solicitors always try to resolve issues without the need for litigation, which is usually a faster and more cost-effective method of dealing with legal disputes. A well-drafted letter of claim from the offices of a solicitor can often have the effect of focusing minds on resolving matters.
Alternative dispute resolution
Where negotiation does not work, you could consider alternative dispute resolution such as mediation. This involves sitting down with a trained neutral mediator who will work with both you and the other party to try and find an acceptable solution.
One of the advantages of mediation is that you will not have a result imposed upon you, unlike in court. Any resolution will be agreed upon by both you and the other party. It gives you a better level of control over what happens and avoids the need for an expensive court hearing.
In some situations, it might not be possible to resolve a dispute by negotiation or by alternative dispute resolution. In this case, the letter of claim will need to be followed up with legal action. If you will be facing court, you are recommended to speak to a solicitor as soon as possible.
If you are bringing the action, your solicitor will draw up the letter of claim and then file your claim with the appropriate court on your behalf. If you have received a letter of claim, your solicitor can draft and file your defence.
They will compile the necessary evidence and deal with the disclosure of documents to the other side as required by law.
There may be a hearing to set out a timetable and other details of how the case will be dealt with. Your solicitor can represent you in this and arrange for you to have an expert by your side at the final hearing of your matter.
Do You Need Help Finding Solicitors Near Me To Help With A Letter Of Claim?
At Solicitors Near Me, we have a bank of handpicked solicitors who have the expertise to help. We can connect you with a lawyer who has the right level of experience for your case.
As well as being able to provide clear, honest advice, our solicitors have also been chosen for the outstanding level of service they offer. We know how important it is to have an expert on your side who is easy to contact, helpful and efficient and we have taken care to ensure that all of the lawyers we recommend will provide this.