what is the legal position when you agree to claims made in a letter of claim?

[1PrincessPink]

Not sure what else I can say

[1PrincessPink]

what I am really asking is can I show that I have agreed some things even if they don't use these points later on. The fact is they made several errors and when I agreed to some points, it shows that their claims are made up.

[1PrincessPink]

the allegations I agreed with made the claim almost not worth pursuing for them because it shows that I could not have caused the damage. They made a mistake and I would like the court to see this if they limit their claim to those I denied.

[boxtops]

Your solicitor should be arguing these points on your behalf, IMO - if some matters are factual and materially affect the other allegatiions, then this should be a legal argument.

[Zacs-Master]

You should be asking your solicitor as your clearly not prepared to divulge the facts which may have a significant bearing on any answers given here.

[1PrincessPink]

I agree. I think the other side are so keen to use any argument, that they made mistakes in the letter before claim. I agreed to some parts but not others. What is the legal position now? Can I refer to this letter before claim if it goes to court?

[boxtops]

Your solicitor should be making these representations - why isn't he/she explaining these processes to you?

[Zacs-Master]

I'm outta here whilst my temper remains intact.

[1PrincessPink]

The facts are quite boring really. The people in the next terrace house to me wanted to buy this house but I bought it instead. They found every excuse to argue with me but I tried to ignore. Then, I got a solicitor's letter saying that I had damaged their house by having building work done in my house. I have not had any work done in the house except painting and decorating. Their letter before claim made several allegations some were clearly rubbish (their tiles had come off the bathroom wall etc) due to work I had done. The painter did not decorate near the party wall and even if he had, how could painting make their tiles fall off. The painter did (trespass) park his van on their property several times although I was unaware of this until I asked him - and he caused damage to their front garden. I have agreed to this and the painter will have to compensate me. However, the other side want to have their bathroom retiled etc. and they are also saying that I have breached covenants in having the front door painted. This is nonsense. I checked with the builder and they did not want to enforce the covenant.

[boxtops]

I don't understand why you are having to pay for the damage caused by the decorator - surely their claim would be direct against him? anyway....

If you can prove conclusively that you didn't do these things, surely their claim will be thrown out ?

[1PrincessPink]

They are threatening constantly to take me to court, but offering to negotiate a settlement. I agree that the painter was employed by me and should not have trespassed or drove over their plants and I am prepared to agree to replace them. I will not pay for tiling - by settlement because I know they are just lying about the cause of the damage, and want to have more work done in the house but they claim that if I have anything done, they will take action against me. My solicitor is not explaining my position. I am stressed out over this and do not want to fight this in court.

[jackthehat]

Employ a Chartered Surveyor. Ask him to prepare a report about the impact any works you *have* had done would have had on your neighbour's property.

[1PrincessPink]

I should add that they originally claimed it was a builder, not the painter's van. They made a mistake in the letter of claim of referring to a painter's van and now say (in chats between solicitors) that it wasn't the painter, but a builder who parked his van.

[baza]

I would suggest that you get your solicitor to write a letter agreeing to pay for the painters damage and that is all, you say that you will claim against the painter yourself.

[1PrincessPink]

they have insisted that I make an offer to them for the tiles and if I don't they will take it to court. I don't want the hassle. Can I produce the letter before claim if they amend their claim to say "builder's van" which sounds more credible than a painter causing damage. The painter has bailed out and refuses to back me up.

[jackthehat]

Right.
Your neighbours are chancing their arms.
Just because they claim you caused damage to the interior or their property, doesn't make it so.
Let them instruct Solicitors.......they will have to get an 'expert witness' to agree that any and all 'damage' on their side was caused by your workers. It will cost them money to do so.

Don't split hairs about the van. Someone working at your house caused damage to their property. As a gesture of goodwill, you could put this right, but strictly speaking it is down to the workman to do so.

[1PrincessPink]

their solicitor sent this letter before claim because I didn't agree to their nonsense allegations. I don't want to go to the huge expense of fighting this and hope that if they have to prove it, then they will stop. They also said in the letter before claim they had photographic proof of the painter's van trespassing, but now won't show my solicitor. Can I force them?

[jackthehat]

You don't have to fight *anything*.

A solicitor's letter in not definitive proof of anything at all, other than they have instructed a solicitor to try and scare money out of you!

If you like, contact their Solicitor and invite them to serve papers on you including the Surveyors report which you will pass onto your *expert witness* for comment/rebuttal.

Advise that you will be mounting a robust defence and will be looking to them to reimburse all your costs.

[magsmay]

hi Princess. OK forget about all the Legal bits and bobs and get down to Human Nature. These neighbours are well miffed you bought the house they wanted and are making your life hell. They have a valid claim about plants in their garden which could have been sorted without any solicitors being involved if you had been friends or at least got on . They are basically taking the pee -I doubt they have any intention of taking you to court as it will probably cost them more to get a case together than it would to redo their bathroom. I would get your Solicitor to send them an offer to pay for the damage in the garden 'without predjudice' and send them a cheque. If anything is said verbally, threats or otherwise directly to you I personally would laugh and say 'well Sue me then' this then puts the ball in their court to fork out money for Solicitors etc. This is just what i would do and not given as legal advice as I'm not a Solicitor, but being in these situations before tend to find that those with the biggest mouths are the least likely to follow through with their threats. they are hoping you will get totally stressed out and give in -don't!

[Just-Jude]

Why are you letting these total idiots get to you? Do you really think their solicitor is going to stand up in court and say your painter & decorator is responsible for their bathroom tiles falling off? They're trying it on, you know it and they know it, don't play along with this nonsense any longer. Tell them where to go and don't be polite about it!

[1PrincessPink]

they are getting to me because I try to do the right thing, and they are horrible people. I know they are trying it on, but I am worried that if I don't respond to them, they will take the case to court and I will have to defend it.