Reply To: Chat thread – Sunday 29th December

[Anon]

JDB wrote:

@Anon – those proffering advice to claim for an incorrect sum aren’t the ones paying the court fees, nor dealing with the mess it can create. LH will likely claim nothing is owed.

In view of all the uncertainties, I wouldn’t rush to issue a claim but would send a hard copy signed for letter to the UK address you would have given for MCOL service.

Head the letter “Letter before Claim” in bold underlined. Start by saying the letter is written in accordance with the English Civil Procedure Rules and the Pre—Action Protocol Practice Direction. Please ensure this is immediately passed to your legal team.

Then set out your case clearly but concisely – nothing about transit being worse in FRA as it’s irrelevant to your case and a distraction.

Say you have made a claim via the appropriate channels but it has not been properly addressed with no reason given for rejection of your claim.

Unless the matter is addressed within 21 days, you will issue proceedings in the English County Court to claim the sum £xx, plus interest at the Court rate of 8% and all court fees.

While LH has suggested ADR, you do not consider this appropriate in these circumstances for XYZ good reasons. [this bit is important, as the Court expects people at least to consider ADR before troubling them].

PS. copy the letter by email to the people you were dealing with before and LH legal. This might just jolt them into action if you have a case.

That makes quite a lot of sense. I’ll do that, thanks JDB!