Notice before action

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(Adapted from RevK's notice before action.)

NOTICE BEFORE ACTION

PLEASE NOTE: This is not a scam and you should take this seriously. Ignoring this notice may lead to me starting proceedings, and may increase your liability for costs. If you are unsure, please take legal advice.

What is this notice about?

This is a notice that I am seeking damages from you in respect of the unsolicited communication received at my email address xx@xxxx.xx from you. The email was timed at XX:XX, and had a subject line of "xxx".

I have never given you consent to send me marketing emails and I have never provided my email address to you as part of a negotiation or sale by you to me.

Because of this, I consider that your email is an unsolicited communication sent by means of electronic mail for the purposes of Regulation 22, Privacy and Electronic Communications (EC Directive) Regulation 2003. In sending this email to me, you have breached the Regulations.

(Please note that this is not a Data Protection Act issue, or one where you have the option of relying on an "unsubscribe" link; sending just one email is a breach of the Regulations.)

Damages I am claiming:

Section 30 of the Regulations entitles me to bring proceedings for compensation for your contravention of Regulation 22.

I am seeking from you damages as compensation in the sum of £x.

My calculation for this figure is as follows:(See "Calculating damages")

The Practice Direction on Pre-Action Conduct:

I refer you to the Practice Direction on Pre-Action Conduct which forms part of the Civil Procedure Rules. You can view this Practice Direction at https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct. In particular, I draw your attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction.

Alternative Dispute Resolution:

In accordance with Paragraph 8.2(1) of the Practice Direction, I would like you to consider Alternative Dispute Resolution by means of discussion and negotiation. I therefore invite your comments and any offer of settlement or other negotiation.

Response period:

The Practice Direction on Pre-Action Conduct requires you to respond to this notice in full in a reasonable time. This is likely to be 14 days.

If I do not receive a reply within 14 days, I reserve my right to issue a claim without further notice.

Documents on which I will rely:

Should I need to issue a claim, I will rely on the email you have sent and associated headers, Data Protection Register records, WHOIS data and other resources identifying the sender.

Documents I wish to see:

If you believe I consented to the sending of this email, or that you obtained my email address in the course of the sale or negotiations for the sale of a product or service by you to me, please supply me with a copy of your evidence in support of this.

My name and address:

xxxx xxxxxxx xxxx xx


I look forward to your prompt reply.