Solicitors Letter Before Action is a formal letter to make debtors understand court action might be taken if no repayments are agreed upon.
If the debts being chased are personal debts and not a limited company, solicitors must adhere to the Pre Action Protocol for Debt Claims.
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New rules made it no longer allowed to send a standard Letter Before Action, as the new Pre-Action Protocol is the legal route in June 2022.
Table of Content
- 1 What is an LBA letter?
- 2 How long does an LBA last?
- 3 What happens if you don’t respond to a letter before the claim?
- 4 How effective is your letter before action?
- 5 Popular Questions
- 6 Summary
- 7 List of UK Solicitors Chasing Debts
What is an LBA letter?
A Letter Before Action (LBA) is a formal letter that requests the payment of a debt that has been drafted by debt recovery solicitors.
If the LBA letter is ignored a court claim can be issued to raise a CCJ against the debtor on their credit file.
An LBA sets out what is owed and usually gives 7-14 days’ notice in which to pay.
Before issuing any legal proceedings the LBA is an essential requirement of the debt recovery process.
An LBA must be sent or costs may be forfeited.
An LBA letter is only applicable to businesses claiming debt from other businesses, not an individual.
How long does an LBA last?
An LBA tends to last for 7 -14 days which is a requirement of the debt recovery process, and they would like you to pay your outstanding debt.
Once the 7-14 day period is over, They can take legal action.
What happens if you don’t respond to a letter before the claim?
Ignoring a letter before the claim will not make the problem go away.
You should not ignore a letter before action because your solicitor can apply to the court for an order and raise a CCJ on your credit file for unpaid debts.
This will then affect your credit score and could potentially stop you from taking out loans for a mortgage or a car in the future.
If a solicitor does end up taking you to court over the payments, court fees that the solicitor will be charged will be added on top of the money you already owe.
They give you a pretty significant amount of time to respond to the letter and maybe even seek debt advice in that time if you don’t know where else to turn.
How effective is your letter before action?
Many UK solicitors claim that over 80% of debtors respond to a letter before action.
Creditors appoint debt recovery solicitors to send the LBA letters because works as a successful debt collection strategy and no further legal action are required.
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Most people do not want the hassle of going to court over a debt payment, and solicitors know this so when sending the LBA will be an effective way of retrieving the money.
Can I serve a letter before action by email?
A letter before action can be sent by recorded delivery or via email.
What is the purpose of a letter before claim?
The claimant should send a letter to the defendant in good time before making a claim.
The letter before action identifies any issues in dispute and establish whether litigation can be avoided.
Can I write my own letter before action?
If you plan on starting court proceedings against someone you can write a letter before action.
It is known as the Civil Procedure Rules where it is a requirement of the rules of the court to write a letter before action to the other side to warn them that you intend to start a claim in court against them.
It allows the defendant time to possibly settle out of court.
An LBA can be issued by a solicitor if you do not respond to the letter within the 7-14 day period.
Once issued they can also affect your credit score if ignored and a CCJ is raised on your credit file.
If the solicitor does take you to court over the LBA then you will have to pay for the court fees.
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This very rarely happens since over 80% of debtors do respond to an LBA
Overall, It is a very effective way for debt collectors to get the money that is owed.
List of UK Solicitors Chasing Debts
Here is a list of UK Solicitors Chasing debt.
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