First Steps

The cardinal rule to remember is to be sensible and focus on the important issues. State your case and bear in mind that an awful lot of insurers, opponents and legal representatives will try and set up a smoke screen to take your attention away from the key facts. Keep your letters simple and polite and keep records of everything.

There are certain steps which should always be taken prior to going to Court. They are designed to allow matters to resolve where possible without court proceedings. The basic steps are as follows:

  • As soon as you are aware of circumstances which may give you a claim against someone else you should start keeping records of what happened. Keep details of all losses/expenditure arising, along with copy receipts etc... where possible. 
  • Write to the other side advising them that you intend to bring a claim, why and what you are claiming for.  The letter should be titled "Letter of Claim" and include any information required by the relevant protocol or practice direction. Attach any documents that they will need to deal with the matter.  Ask for an Acknowledgment within 14 days and a substantive Response within 28 days. Specifically ask for details of their insurer, if there is one;
  • If they respond, consider their response and reply appropriately. You can either respond in writing or have a face to face meeting if this would be better. If they do provide an insurers details you should write to the insurer sending them a copy of the correspondence and asking them to also respond;
  • If they do not respond then your only alternative is probably to issue court proceedings.

The standard responses are:

  • Complete denial;
  • A plea of ignorance - "I do not know what you are talking about".
  • Nothing - they will not respond at all.

The matter can get harder if the other side is represented by an insurer or solicitor. They may deny the claim and state that you have no good grounds to pursue the matter.  They are acting for their client, not stating the law. Just because they say it does not make it true. Blanket denials to every claim really do happen. If in doubt research the matter on the internet or seek legal advice.

Click here to go to the next page in the small claims guide or click here to go to the previous page.