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« on: December 22, 2025, 02:12:52 pm »
After searching the forum, I came up with this response; please advise if this is the correct one. I would appreciate your input.
''Subject: Response to your Letter of Claim – Ref: [reference number]
Dear Sirs,
Your Letter Before Claim contains insufficient detail of the claim and fails to provide copies of the evidence your client intends to rely upon. It is therefore non‑compliant with the Pre‑Action Protocol for Debt Claims (PAPDC). As a supposed firm of solicitors, one would expect you to comply with paragraphs 3.1(a)–(d), 5.1 and 5.2 of the Protocol, and paragraphs 6(a) and 6(c) of the Practice Direction. These provisions exist to facilitate informed, proportionate resolution, and I suggest you reacquaint yourselves with them.
The Civil Procedure Rules 1998, Pre‑Action Conduct and Protocols (Part 3), require each party to exchange sufficient information to understand the other’s position. Part 6 clarifies that this includes disclosure of key documents relevant to the issues in dispute. Your template letter refers to a “contract” yet encloses none. That omission undermines the very basis upon which your client’s claim allegedly rests. It is not possible to engage in any form of meaningful pre‑litigation dialogue while you refuse to furnish the documents you purport to enforce.
I confirm that, once I am in receipt of a Letter Before Claim that complies with paragraph 3.1(a), I shall seek advice and submit a full response within 30 days. Accordingly, please now provide:
1. A copy of the original Notice to Keeper and the full notice chain relied upon to assert any alleged PoFA 2012 liability.
2. An actual photograph of the sign(s) in situ on the material date (not stock images), together with a contemporaneous site map showing sign locations.
3. The precise wording of the contractual term(s) your client alleges were breached.
4. The written agreement between your client and the landowner evidencing authority to manage, enforce and litigate in their own name.
5. A clear breakdown of the sums claimed, identifying whether the principal amount is alleged consideration or damages, and clarifying the legal basis and VAT position of the Ł70 add‑on.
These documents are required under paragraphs 6(a) and 6(c) of the Practice Direction to enable me to meet my obligation under paragraph 6(b).
Your letter’s attempt at intimidation
I also note that your accompanying schedule manages to refer to a “CCJ” four times, in what is clearly intended as a coercive device rather than legitimate legal information. The repetition is telling: it demonstrates not confidence in your client’s position, but reliance on fear as a substitute for substance.
To be clear: I am fully aware that a County Court Judgment only arises after your client wins a claim (which is unlikely on the facts), and even then, any judgment paid within one calendar month is removed from the register and has no impact on credit. Your overuse of the term “CCJ” is therefore not only pointless but improper.
Your firm is on notice that this conduct will now be reported to:
• the Solicitors Regulation Authority, for use of misleading and oppressive tactics contrary to the SRA Code of Conduct; and
• the Competition and Markets Authority, under the Digital Markets, Competition and Consumers Act 2024, given the statutory prohibition on coercive and misleading commercial practices.
If you proceed to issue a claim without first providing the documents and information required under the PAPDC and Pre‑Action Conduct, I will draw your non‑compliance to the Court’s attention and seek appropriate sanctions, including a stay and case‑management orders pursuant to paragraph 15(b) of the Practice Direction. Any unreasonable conduct by you or your client will be relied upon in support of an application for costs.
For the avoidance of doubt, I will not engage with any web portal. I will respond only via email or post.
Yours faithfully,
[Your Name]''
Thank you very much
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