Solicitors Letter

[jaycee401]

Do you legally have to reply to a solicitors letter. I have now received a third letter from my exes solicitor stating if I do not pay him the money owed he will start court proceedings. I have never admitted to owing him any money. People will probably remember my previous threads, where I won a land registry tribunal after ex put a unilateral notice on property. The judge stated that if Mr ? wished he could pursue me for a unsecured debt but would have to prove I had said I would give him some money. Which I did not! This so called debt is from 2005, the judge awarded me the 'winner' in 2008 and its not until 2013 that he has decided to rear his ugly head and pursue money from me. This has come about because he s seen the for sale sign at the property. I spent thousands fighting this at the land reg and do not want to waste any more money on legal fees for something I have already fought for and won, but I am nervous about writing a reply in case I put something I shouldn't.

[murraymints]

I'd ignore them ! You've already had a judgement on the matter...I suspect your ex has not been entirely honest with his solicitor.....seeing the for sale sign he's chancing his luck as you may have spondoolies as a result....

[jomifl]

I believe that if you write 'without prejudice' at the top of a letter the contents can not be construed as any form of admission.
I don't think there is any obligation on you to reply to a solicitrs letter.
http://uk.practicallaw.com/2-107-7511

[EDDIE51]

Yes ignore them, there no need to reply you already have won the judgment. Answering them could be interpreted as acknowledging the debt so DON'T DO IT.

[jaycee401]

Many thanks guys as I was thinking of replying to this one, but as you say Eddie51 no way do I want it taken as an acknowledgment. Cheers!

[woofgang]

jomifli the "without prejudice thing has a specific use and meaning when used to head a letter.
http://www.wisewouldmahony.com.au/index.php?id=308

[Peter Pedant]

the answer is:
no you are not legally obliged to reply to a solicitor's letter.

[FredPuli43]

No you are not legally obliged to reply. I would, but I would only say in it that you not owe any sum to their client (note the words 'any sum'). You need not head the letter 'without prejudice' and I certainly wouldn't. That is because you are making a flat denial of liability . It doesn't matter that that ends up being read in court. The reason why we use 'without prejudice' is that the letter cannot be used in any subsequent hearing. This is important if you make an offer to settle or some partial admission; it could be very embarrassing if the other side could use that in evidence against you; so all such negotiations are headed 'without prejudice' . This is important to justice because parties should not be discouraged from trying to reach a settlement , even one which they think is a bit unfair, and then fail to achieve it and find everything they've generously offered being put to them as an admission of guilt.

[FredPuli43]

And sending a flat denial is not accepting or acknowledging the debt. You are saying that there is no debt ! What acknowledging the debt would be saying that the debt exists and you wish to pay part of it. The importance of that is that there is a time limit for claiming a debt. If the debtor doesn't accept that there is a debt or doesn't reply, the time limit (6 years) expires and the creditor can't get the money. However, if he makes the mistake of agreeing, within the time limit that there is a debt, the 6 years starts all over again.

In your case, nobody is going to forget and if they are going to act, they must do so within the time limit, which they may well do because they think that you have gone quiet because you owe the money.

[FredPuli43]

^and/or that you wish to pay part of it^

[FredPuli43]

Incidentally, I am not clear how the claim is not time-barred anyway !

[jaycee401]

Thanks Fred, I wondered about the statute barred as this all came about in 2006 when I got the solicitor letter saying there was a unilateral notice being registered. I will draft something and post on here for 'approval' if that's ok

[jaycee401]

ps the letter is addressed to my maiden name, not my married name, I married last September so do I reply in maiden or married name?

[tonywiltshire]

It is suggested you reply in your correct current name mentioning your previous name and acknowledge all letters but do not acknowledge any debt. The limitations act 1980 requires 12 years for a secured capital sum but not interest, the limitation period for most other debts is 6 years but starts again if a payment is made or the debt acknowledged. Once the limitation period has expired it cannot be started again.

[jaycee401]

Thanks Tony. I have never admitted any debt. We split in 2005, I received a letter regarding the unilateral notice around Aug 2006, and the matter went before the land reg tribunal in May 2008.

[andy-hughes]

A solicitor's letter is often the legal equivalent of sending a ferret down a rabbit hole - it's designed to see if there is any reaction to be stirred up.

Previous advice looks good to me - this sounds like a fishing expedition - the solicitor gets his fees from your ex - or you - he won't care which.

[jaycee401]

I have addressed it to whom it may concern as the letters bore no solicitors name just signed of by the company name.

To Whom It May Concern

With reference to your letters addressed to my previous name of xxxx dated ………..(3 dates)


I do not owe any sum to your client, Mr xxxxx

Yours




xxxxxx

[murraymints]

I wouldn't even do that....he's looking to open communication on the matter...bin them and forget about it ! If he does instigate anything ..which I very much doubt....you have an historical judgement in your favour already...

[jaycee401]

Cheers, don't know whether to answer now or not. I don't really want to open up any communication, but if, if it goes to court would it look bad on me for not replying?

[bednobs]

it's really easy to say "don't reply" however, in my job i am on the end of a lot of *** solicitors letters and they flounce up the language so much, sometimes even i get scared, and tbh can't imagine what it would be like to be at the end of a personal one

[boxtops]

whatever you decide to do, keep copies of all the correspondence for future reference.