Letter of claim—total failure of consideration
Produced in partnership with Nicholas Macklam of Radcliffe Chambers
Letter of claim—total failure of consideration

The following Dispute Resolution precedent produced in partnership with Nicholas Macklam of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • Letter of claim—total failure of consideration

[ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS]

[NAME OF PROPOSED DEFENDANT’S SOLICITORS, IF ANY]

[ADDRESS LINE 1]

[ADDRESS LINE 2]

[POSTCODE]

[DATE]

Dear [insert organisation name]

RE [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME]

LETTER OF CLAIM

[We write further to our letter dated [insert date] OR We write further to your letter dated [insert date]].

[As you know, we OR We] act on behalf of [insert client’s full name], whose address is [insert full address]. This is our client’s letter of claim sent in accordance with the Practice Direction Pre-Action Conduct and Protocols of the Civil Procedure Rules (the Practice Direction), a copy of which is enclosed for your ease of reference. We draw your attention to the final section of this letter, which sets out the deadline by which your response is required, and the consequences of failing to respond properly within that time.

[Your client should notify their insurer of this claim immediately. We would be grateful if you could kindly confirm the identity of your client’s insurer by return.]

    1. 1

      Overview and basis of claim

      1. 1.1

        Our client purchased a Caravan [insert model number] (the ‘Caravan’) from your client for which our client paid to your client the sum of £ [insert sum]. Our client was subsequently informed by the police that the Caravan had previously been stolen. They seized the Caravan

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