The following Dispute Resolution precedent Produced in partnership with Steven O'Sullivan provides comprehensive and up to date legal information covering:
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]
FAO [RELEVANT NAME]
[NAME OF DEFENDANT SURVEYOR]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
Dear [insert organisation name]
[PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME]
LETTER OF CLAIM
We write further to our letter dated [insert date of your preliminary notice of claim, if sent].
That letter was a preliminary notice of claim sent pursuant to the Pre-Action Protocol for Professional Negligence (the Protocol), and required an acknowledgment by [insert date].
We are in receipt of your letter dated [insert date] acknowledging receipt of the preliminary notice of claim. [However, we await confirmation that your professional indemnity insurers have been advised of the circumstances of our client’s claim against you. We also request that you pass a copy of this letter to them, and confirm to us that you have done so. OR We cannot trace an acknowledgment of our preliminary notice of claim and await confirmation of receipt of our correspondence by return.]
Overview and identity of parties
[As you are aware], [W OR w]e act for [insert claimant’s name]. [You are the only other party involved in this dispute. OR We are also considering whether [insert name of potential co-defendant] bears any responsibility for this claim, as a result of this [we have written OR are considering writing OR a letter of claim to that party.]
We are instructed that pursuant to a letter dated
The instructions to you were governed by [insert nature of instructions]. As part of that retainer, in or around [insert date] you attended the Property and produced a valuation dated [insert date of valuation report] which was provided to our client.
After considering (and in reliance on) your professional valuation, our client agreed to advance money to [insert name of borrower(s)] (the Borrower) [to assist in the purchase of and ][to be secured over] the Property. The transaction completed on [insert date]. Our client lent the sum of £[x] which is [y]% of your valuation of £[z] [and the same percentage of the reported purchase price.]
As more particularly detailed below, the Borrower defaulted and the sale in possession of the Property did not realise sufficient funds to discharge the secured lending.
Our client has now taken steps to identify and mitigate its loss as outlined below.
Based on our instructions and having reviewed the relevant documentation, our client now intends to pursue a claim against you to recover losses arising from your breach of duty and contract. Accordingly, this letter is to be treated as a formal letter of claim served in accordance with paragraph 6 of the Protocol, a [further ]
We enclose with this letter of claim copies of the key documentation which we consider to be central to our client's claim against you as follows:
the instructions from our client to you [including terms and conditions of your instruction];
your letter accepting those instructions;
your valuation addressed to our client;
statement of the Borrower’s account with our client;
re-possession and sale file;
calculation of loss on a Swingcastle basis.
[insert clear summary of facts etc]
As stated above, in reliance on your advice, our client advanced the sum of £[x] but following re-possession and sale, only recovered £[y] gross and £[z] once sale and repossession costs were deducted. As set out in document [2.1.6] our client has lost £[a] including interest (at [three-month LIBOR +1%]) to [insert date to which loss is calculated].
It is therefore our client’s case that it has sustained a loss as a result of your negligence, which it seeks from you.
Breach of contract and/or negligence
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