When to send a pre action conduct letter and who to

by **Mrblue2015** Fri Dec 28, 2018 6:14 am

Good morning all!

Just planning ahead in case the time comes. Please can anyone (who knows) advise as to when you would issue a pre action conduct letter?

1. Would it be if/when a DP or DCA starts to threaten potential litigation? (And therefor you issue the letter to the DP/DCA). Or

2. Would it be if/when you receive a letter from a solicitor acting on their behalf?

Thank you and please forgive my ignorance haha.

Rgds

MrBlue2017

by **daveiron** Fri Dec 28, 2018 8:51 am

Morning Mr blue,

Pre action letters are issued by or on behalf of the claimant ,not the defendant.

These links may help.
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct
https://www.berrysmith.com/about/guides/pre-action-conduct

by **Mrblue2015** Fri Dec 28, 2018 9:23 am

Many thanks for the response can links Dave Smile

However, please forgive me if I am little confused, as (specifically) the 'Pre Action Conduct' template (laid out elsewhere on this site / previously described by Tiggy etc) implies that we - as a defendant - issue the 'Pre Action Conduct' template letter?

Also I am still not clear to at what point I would send the letter (i.e. what type of letter or wording would I have to receive from the DP/DCA - i.e. claimant) and to who would I send the 'Pre Action Conduct' template?

(I have not been able to glean this specifically from the links)

Thank you Smile

Rgds

MrBlue2017

by **Mrblue2015** Sun Dec 30, 2018 7:15 am

Good morning all :-)

Again I appreciate the support from DaveIron (and not for the first time, a very helpful chap!) but I am still unclear as to WHO I would send the following letter to (about half way down this link you’ll see the pre action conduct template I am referring to):

https://goodf.forumotion.com/t41-the-3-letters-process

Now I know the (also very helpful!) Lopsum states in the above link that we send this to a DCA but in a previous world (original GOODF) one of the moderators at the time (again superbly kind and helpful) - called Faljay - said I was to send this to a solicitor acting on behalf of DCA.

Or can we really just send it directly to a DCA?

Thank you all again and if I don’t get onto the forum again in the next couple of days, I wish you all a happy, healthy and prosperous (debt free!) year :-)

Regards

MrBlue.

by **daveiron** Sun Dec 30, 2018 9:34 am

Hi again,

I have looked at the letter ,its what pete had success with . As you can see he sent that to a solicitor acting for a DCA.Therefor I would only send that ,as is, should they bring the claim through a solicitor. As Lopsum pointed out it is an addition to & not a substitute for the 3 letters which have pretty much covered it anyway.

by **Mrblue2015** Sun Dec 30, 2018 3:42 pm

Yep, that’s the one (that Pete had success with) :-)

Agreed - I have used letters 1-3 and never the pre action conduct letter (yet). But thanks Dave for confirming that it would be sent to a solicitor if it came to it.

Thank you again :-)

Regards

MrBlue2017

by waylander62 Wed Jan 02, 2019 8:20 pm

be aware that the rules governing DCA's issuing claims has changed,

some of what you are reading is pre the changes, any claimant wanting to issue a claim through the county courts MUST issue an official letter before action, when this is received by the defendant, the defendant has the right to fill it in and return it along with any request for documentation that they are entitled to under whichever act applies.

the pre action conduct letter is not really necessary but can be sent if so desired, i have helped many many people respond to a letter before action and until just before christmas NOT ONE DCA has gone on to issue a claim, the first one did just before christmas in over a year.

by **Mrblue2015** Wed Jan 02, 2019 9:37 pm

Good evening Waylander62,

Many thanks for providing the latest update, that’s very kind of you!

Makes you wonder why they even bother with a letter before action if they don’t end up following through...?!

A happy new year to you too :-)

Regards

MrBlue2017

by waylander62 Wed Jan 02, 2019 10:31 pm

to be honest they hope that people dont know about the new protocol and fail to respond to the letter before action, they then go for default judgement

i would say 90% of the time this is the case, a few odd people that reply to the LBA is a small loss for the DCA and costs them nothing, they may then attempt to get the docs requested and try again to go through the courts.

by **Mrblue2015** Wed Jan 02, 2019 10:50 pm

Yep, of that (the DCAs hoping people fail to respond) I have no doubt.

I will certainly be replying should I get a LBA. No way on earth am I - and nor should anyone else - make it easy for these ‘people’!

I bet most STILL can’t even get the docs...

Thanks again Waylander62!

Regards

MrBlue2017

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When to send a pre action conduct letter and who to

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