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Notice of Intention

Notice of Intention

Postby optimist22 » Fri Jan 20, 2017 1:32 pm

I have read the excellent post 'the basics' - thanks. Before commencing I understand there is a notice of intention. Is this compulsory before beginning court action ? If so what must it contain ? Any help appreciated.
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Re: Notice of Intention

Postby atticus » Fri Jan 20, 2017 1:58 pm

I think you must mean a claim letter or "letter before action".

You must write to the other party setting out what you are claiming and the reasons for your claim. You should allow an appropriate time for reply.
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Re: Notice of Intention

Postby optimist22 » Fri Jan 20, 2017 2:20 pm

Thanks. That must be what I read about. How detailed does it need to be, e.g any specific action to be done such as replacement part to car or removal of wall ? Can court proceedings be started before this has been sent ?
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Re: Notice of Intention

Postby atticus » Fri Jan 20, 2017 2:34 pm

It needs to be as detailed as is necessary to set out what you want and why you say you are entitled to it.

If you do not send a claim letter and give an opportunity to respond, the court may say that you are not entitled to be paid costs even if you win your case.
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Re: Notice of Intention

Postby optimist22 » Fri Jan 20, 2017 7:10 pm

Thank you. Your posts have been very helpful.
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