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Can you claim to have a solicitor when you actually don’t?

37 replies

WhenWillItAllGetBetter · 01/06/2024 23:25

Our neighbour has made false claims about us to our estate agent days before exchange. We’re desperately trying to sort this out but not looking too hopeful.
Her latest trick is to say she needs to show her solicitor everything, I’m nearly certain she doesn’t actually have a solicitor, what if anything can be done?

OP posts:
WhenWillItAllGetBetter · 02/06/2024 07:45

WhenWillItAllGetBetter · 02/06/2024 07:34

Who does he ask if she won’t tell us who this (fictitious) solicitor is?

We’ve asked about indemnity and I don’t think that’ll work here

Sorry mis read that, I see you’re talking about our buyer’s solicitors.

OP posts:
Bestyearever2024 · 02/06/2024 07:50

Mellowautumnmists · 02/06/2024 07:29

Ask your solicitor to ask your buyer's solicitor about indemnities for the lack of consents she's complaining about. Is your neighbour really going to have membranes ripped out?

This

WhenWillItAllGetBetter · 02/06/2024 07:51

Our solicitor had said indemnity won’t work in this case. But I’ll ask him again tomorrow.

OP posts:

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FOJN · 02/06/2024 08:21

Has she suggested a solution to resolve the issue? Has she refused your offer to remove the membrane?

Isn't it strange that, years ago, you apparently did work, without her consent, which affected her property and she's only just decided it's a problem?

I'm deeply cynical and I think she's looking for a financial settlement. I don't think she has engaged a solicitor at all. Why would you pay a solicitor and then do the work yourself?

I agree that engaging with her directly would be a bad idea but I'm not sure appeasing her is helping. Surely she has an obligation to cooperate if she's the one raising the issue. It's not reasonable for her to be coy about her solicitors details which then leaves you in limbo.

If my suspicion about her wanting a financial settlement is correct then I'd describe her actions as extortion. Just my opinion, IANAL.

SwingVote · 02/06/2024 14:09

Ahh fuck. A building work one. Yes that’s annoying.

Has she told anyone except the EA? Ie. Has she come to you before that and in what way? Ie verbal or in writing?

Do you have any lawyers you can consult informally? Or hopefully someone will come on and advise.

I don’t know 100% as not a lawyer but if I was to compare it to the action we were recommended it was to keep everything unofficial. Have words with the EA to affect off yes Mary doesn’t want us to sell. She’s become quite used to us. This work was years ago and she was very pleased. With this recent raising of this we have now offered to reverse the works which she isn’t happy with it. She’s choosing to be unhappy. We do not believe this is a legitimate dispute. The EA will likely want to ignore the whole thing. Ours did and told them to this is not a dispute unless you actually have raised this as a dispute.

This then leaves it up to her to raise through some kind of official passage. Ie. Solicitor, building control, party wall surveyors, council etc.

Ours did this. Which was good actually as meant we had someone reasonable to deal with. We just agreed with whatever they said. Actioned that and ignored all contact with the individual. Thus no dispute as we were not in dispute.

We sold the house and lived happily ever after away from meddling myrtle.

Wish you luck. Hopefully this will be over very shortly!!

NotDavidTennant · 02/06/2024 14:16

No, she doesn't have to tell you who her solicitor is nor does she have to agree with anything if she doesn't want. You may have to sell with an ongoing dispute.

WhenWillItAllGetBetter · 02/06/2024 18:16

NotDavidTennant · 02/06/2024 14:16

No, she doesn't have to tell you who her solicitor is nor does she have to agree with anything if she doesn't want. You may have to sell with an ongoing dispute.

I imagine we won’t sell if there’s an ongoing dispute. Can’t imagine any buyers would be happy with that

OP posts:
SwingVote · 03/06/2024 00:30

It’s not a dispute if you’re agreeing with her though. A dispute is when two parties disagree. And OP is agreeing with her. Shes agreeing they did the work. She’s saying they are happy to reverse it if she wants. They are happy to do whatever she wants. Just because OPs neighbours is having a dispute with her own mind and decision making is not OPs problem.

NattyTurtle · 03/06/2024 07:46

Youdontevengohere · 02/06/2024 06:44

By ‘have a solicitor’ do you just mean that you have a solicitor you tend to use when you need one?

Isn't that what most people mean? I very much doubt that many people have one on retainer, and I would assume that is what OP's neighbour means.

Youdontevengohere · 03/06/2024 08:18

NattyTurtle · 03/06/2024 07:46

Isn't that what most people mean? I very much doubt that many people have one on retainer, and I would assume that is what OP's neighbour means.

Edited

Yes, that was my point 🤷🏻‍♀️. Someone said that only wealthy/important peopke have a solicitor. I was just saying that ‘having a solicitor’ just means that you have one you use when needed.

NattyTurtle · 03/06/2024 08:26

Youdontevengohere · 03/06/2024 08:18

Yes, that was my point 🤷🏻‍♀️. Someone said that only wealthy/important peopke have a solicitor. I was just saying that ‘having a solicitor’ just means that you have one you use when needed.

Agreed. I was trying to point out that they were wrong in saying only the wealthy/important have a solicitor.

WittyMcAdder · 03/06/2024 08:34

Yup, surely people tend to just mean 'the solicitor I've used in the past and intend to use again because they were fine'.

My mum refers to 'her solicitor' - she means the small firm in the town she used to live in, that's she's used for a few legal things in the past.

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