Strange solicitor's letter

[whymewhynow]

I'm wondering if anyone can help me with this.

I had a dispute with our next door neighbour: our fence fell onto their garden, there was no damage, we had the fence repaired within about three weeks of this happening but they said that was not fast enough, that they should have been able to choose the contractor etc etc. We just told them that we were paying and so it was our choice who did the work, got on with it, fence is now up, looks nice.

We have now received a solicitor's letter saying that we must compensate them to the tune of £2000 for the stress that having the fence fall down caused them and give them another £400 towards their legal costs otherwise they will take us to court. I can't really see what their claim is for apart from some mild inconvenience but surely you can't get a lawyer to send a completely bogus letter like this one.

I've checked and the legal firm seems to be legitimate but the solicitor who has written on my neighbours' behalf has, on both the company's website and his own email sign-off, nothing to do with property law, his specialism is a different branch of law completely. Is it OTT to wonder if the solicitor is a relative/family friend who is writing this quite threatening letter as a favour.

I'm very tempted to write back: "See ya in court" but not sure that is entirely sensible.

You were lucky to get it replaced within 3 weeks. I had to wait almost 5 weeks before workman could do mine. They sound beyond mad. If they try to take you to court the Judge will think they are certifiable.

I can only assume the fence panel fell on their heads, hence the letter.

Ignore it

I would reply to the solicitor, and to every other letter the solicitor sends, with questions or with deliberate misunderstanding, oh thank you for the generous offer, their contact did put me under some stress would they like to pay by cash or cheque? Which fence does this refer to? What's the expected timeline for fence replacement in law? etc etc because they will be charged for each letter.

Solicitor here. As others have said, a solicitor acts on their client's instructions and if they've been asked to write a letter threatening action then (by and large) they will do that for them, although if they're half decent they will have advised them before doing so of the prospects of any claim succeeding if raised in court. I would ignore the letter - I'd be reasonably surprised if your neighbour actually escalates this to actual court proceedings and even more surprised if any such claim went anywhere.

It may be that the solicitor is a friend doing a favour or it could be (particularly if its a small firm) that they'll help a client out with something outside their specialism if asked to, but either way probably not worth dwelling on.

Either ignore it or write back to the solicitor.

Dear X

No.

Yours etc

This. It took me and my neighbour a full 2 months to get our fence fixed. She used same contractor that had done in 20 years before (long before I moved in). Lovely chap who did some bits for free as “ well that should have lasted more than 20 years) 😯, but cos I guess he is a good chap he had a loooonggg waiting list
3 weeks is actually jolly speedy for works these days

🤣🤣love this idea

There’s a last on mumsnet whose exH once got a solicitor to write to her demanding that she take down the curtains in her living room because he wanted to be able to look in and spy on her.

obviously he had fuck-all legal right to demand that.

lawyers will just write letters that essentially say “this is what my client wants”.

on the offchance that they do ever go to court, it looks better for you if you have been reasonable and engaged in the process.

so I would write back confirming receipt, say that you were under no legal obligation to replace the fence (assuming your deeds don't specifically say you need a fence), but that in any event you replaced it within a reasonable timeframe and therefore do not believe that you have any liability.

Should be a lady on mumsnet obv.

Fuck me. My neighbour's fence blew down 7 years ago in a storm and they have refused to replace it. We've offered several times to pay for a new one but they refuse each time, saying they have other plans for it.

I must be owed tens of thousands for the stress 🤣

Seriously, keep the letter but ignore it!

This is not legal advice…

Write back to their solicitor something like

”Dear Sirs. Our garden fence fell down. We then replaced it, at our own cost. Your clients are aware of all the relevant particulars. We deny that your clients have any claim against us, and we cannot see that any court would view the matter differently. Should your client commence legal proceedings against us, we will be instructing solicitors to defend them, and we will seek to recover all legal and any other associated costs from your client. Please note that, prior to any legal proceedings being commenced, we expect all relevant pre-action protocols to be complied with, including draft claim form, detailed particulars, and documentary support such as witness statements as regards any purported claim. All rights are reserved and this letter is without prejudice. Yours sincerely…”

Your priority is to make their lawyer mate, who probably wrote this letter for free, feel that this looks like a big job that he can’t continue to do for free. You want him to advise your neighbours that if he does more work, it’s going to cost them, and that they’ll definitely lose and have to pay your costs. You do not want to enter into a detailed argument about the facts that can only be used against you later. Just deny the claim and remind them it is for them to prove it. They’d be insane to take you to court, perhaps they are insane I do not know. Anything you write should say something like. “all rights are reserved and this is without prejudice.”

This is not legal advice 😬

Ignore completely. Don't do anything Don't engage on subject but keep any letters, Email or text and a note of any face to face unpleasantness. If it persists send a cease and decision letter citing harassment.

snigger… they sound very stupid.

Another lawyer here chipping in. Just ignore it. Don't engage with them at all unless/until they issue proceedings which they are pretty unlikely to do. If they do...... get someone involved at that stage (or do it yourself). You will annoy them far more by not replying and you also avoid the risk of admitting something inadvertently.

Yes. Don't reply. We've had protracted legal issues with mad neighbours in the past. The power lies mentally with the person who has received the letter. Not the sender. Your neighbours will have written their batshit letter and thought 'that told them'. Then as the weeks go on and it goes quiet they will begin to wonder what's coming back their way.

Ignore it. Every letter the solicitor sends is costing them.

My exh had his solicitor instruct me to remove my newly fitted blinds as he could no longer see into my home.. No judge enforced this. A solicitor will write any old shite of paid to!

Ignore it. The impatient waiting for a reply will drive them even more doolally.

Perhaps refer them to the case of Ariel v pressdram

https://prunescape.fandom.com/wiki/The_Reply_Given_in_Arkell_v_Pressdram_(1971)

That’s hilarious

Lol, Same!
Although probably best to ignore, you don’t have to respond to a solicitors letter, they wrote whatever their clients ask them to

I’d also frame the letter and hang in the loo or something, for the amusement

😂😂😂

Barking mad.

As tempting as it is to response something and make them pay for more letters two solicitors have suggested ignoring so do that.