Daily Archives: February 21, 2020

Letter before small claims court claim

Your address]

[Supplier’s address]

Dear

Reference: [a single sentence summing up your claim]

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

[Provide a summary of the facts of the dispute]

From you I am claiming [state what you want from the party you’re claiming from]

I have calculated this sum [state how you have calculated the amount being claimed]

Listed below are the documents on which I intend to rely in my claim against you:

[List the key documents that you will need to use to prove your claim]

In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:

[List any documents you want from the party you are claiming from]

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.

I would invite you to put forward any proposals in this regard.

[Alternatively you can set out details of any ADR scheme that you would be prepared to use]

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.

I look forward to hearing from you within the next 28 days.

Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you.

Yours faithfully,

Letter to complain about a faulty mobile phone

[Your address]

[Company address]

Dear Sir/ Madam,

Ref: [contract number]

On [date] I bought a [make and model number] mobile phone from you. I have discovered that the phone has the following problem [add details].

The [Consumer Rights Act / Sale of Goods Act 1979] makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose.

As you are in breach of contract I am entitled to have the phone [repaired/replaced or refunded] and I would request that you confirm that you will do this within the next 14 days.

I also require you to confirm whether you will arrange for my phone to be collected or will reimburse me for the cost of returning it.

I look forward to hearing from you

Yours faithfully,

Letter to reclaim PPI for free

[Date]

[Your Name & address]

[Name and address of PPI provider]

FAO: Complaints Manager

Dear Sir/Madam,

Re: Exceptional circumstances PPI claim

I believe I have been mis-sold PPI in connection with the [mortgage/loan/credit card/store card/finance agreement], and wish you to investigate my complaint according to your normal complaint procedures.

I am aware that my complaint has been sent after the official PPI claims deadline of 29 August 2019.

My reason for not making a claim before this time was [state the reason why, giving as much detail as possible as to why you weren’t able to do so]. As a result, I would like these extraordinary circumstances to be taken into consideration by you.

[Optional]To help ensure a prompt resolution to my complaint I am including the following information: [include as much personal information as you are happy to provide to help the PPI provider process your claim, this can include but is not limited to your date of birth, former names and addresses.]

If my complaint is upheld I require a refund of all premiums paid to the policy, plus any additional interest charged to me because of the PPI policy.

I would also like to claim statutory compensation in view of the fact that I have been deprived of the use of this money.

Please investigate my complaint within the eight weeks allowed to you.

Yours faithfully,

[Name]