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Small Claims Court Support.co.uk

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YOUR CLAIM PROCESSED IN THE UK SMALL CLAIMS COURT

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LETTER PRIOR TO ACTION

This is a very important document. Although it is not a Court Service document no Civil Proceedings should be commenced without this letter having been forwarded to the Defendant. Failure to issue this letter can result in the claim being dismissed.

This letter is very carefully drafted and has the effect of initiating contact with the Defendant. In many cases the Defendant pays the Client immediately as this letter makes clear our position and leaves no doubt in the Defendant's mind that we intend taking legal action. This can negate the requirement for court proceedings and thus save the outlay of a court fee. We do not make a charge for the Letter Prior To Action (LPTA) but issue it for a number of good reasons:
  1. It confirms the address/place of residence of the Defendant.
  2. The court prefer that we do this.
  3. It avoids arguments with lawyers or the Citizens' Advice Bureau.
  4. It places the whole matter on record and can be refered to later.
We are always happy to supply a copy of the LPTA but please note that we do this only after we are instructed to issue proceedings.

The LPTA requires the Defendant to address one of the following:
  1. Payment in full payable to our client - not to us!
  2. Contact with us by either email, post or telephone.
  3. Contact on or before the final action date on the LPTA.
All LPTA letters are forwarded by First Class Post. Recorded or Special Delivery is not used as Defendants simply refuse to sign. The Court Service accept that postal service in this country is very reliable.

A Final LPTA is sent to the Defendant prior to the issue of proceedings - just in case (most unlikely) the initial LPTA has gone astray.

One of the most important factors when sending out an LPTA is to becontactable! We man our telephone during all office hours and have a mobile number for out-of-office telephone calls. This is essential as after receipt of the LPTA the Defendant cannot make contact he/she can defend any claim on the basis that they were not provided with the facility to discuss settlement.
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