Pre action protocol

by Biggiebest Wed Jul 03, 2024 3:09 am

May I ask my learned friends for advice please?

My DP. Has issued a claim via Northampton but whilst they threatened court action, they did not follow the pre action protocol.

Do I list this in my defence or should I issue a CPR18? ( I haven’t fully comprehended how that helps after following the new process letter).

Slightly floundering here despite searching the site and asking other more learned friends to guide me.If you have knowledge or experience/ success, I need to be strong in my approach to kill off these parasites.

Thank you.

by waylander62 Thu Jul 04, 2024 10:46 am

firstly check the letter threatening court action, does it give you 28 days to start paying them or court action will be taken ?

if not then that would certainly need to be mentioned in any defence.

It is also imperative that you send them a CPR18 request for further information and evidence of their claim, a CPR 18 MUST be written asking questions around their particulars of claim.

The last case i dealt with we did just that and they failed to properly answer, after a while we submitted an unless order requesting the court order them to reply and evidence their claim re the part 18 request, sent a witness statement showing the court their failures to comply and they discontinued the whole claim before the unless order hearing.

the part 18 is very important and needs to be built around what they are claiming in their particulars.

have you made requests to them for anything and have they provided anything ? also if you have not sent an official CCA request then do so now.

Pre action protocol

Pre action protocol

Re: Pre action protocol