Vulnerable neighbour given a LBA over gumtree sale please help.

[Lokithor8832]

Location : wales

As the title says my neighbour who has severe mental health issues buys chickens twice a year for eggs between 10-20 from an outside source. The chickens are quite young, he keeps them until winter or their season is done and after feeding them and enjoying them sells them privately on gumtree to others who want to enjoy them he doesn’t make any actual money it’s to save on eggs and for his mental health.

He’s never had any issues or anyone who has caused a problem everyone loves them.

He sold 4 to someone who drove 25 mins to collect them, he arrived with no box so a box was provided he inspected them and loaded them and left.
They where sold on the 26th February and on 5th march.

He then messaged and said he’s concerned they are 2 years old with no evidence or idea apart from “my sons a vet”.

The chickens are not two years old.

So my neighbour instantly offered a refund.

Then the next message was a threat off stand and fair trading. And how is has an LL.B(Hons) and does he know who he’s dealing with.

Another refund was offered.

Then threats of a CCJ.

He then proceeded to land search his house and has now contacted his landlord with the same LBA.

Then threats of contacting hmrc.

Followed by threats of contacting the mortgage company of his landlord.
And a lot of I know more than you and has quoted a lot of laws which upon googling are not relevant.

My neighbour offered to get the chickens and refund and give him 10 pound good will.

This was then ignored and a threat of ccj and lba for 106.70 which has gone upto 116.70 which now includes food. Or my neighbour pays 60 pounds and he keeps the “inferior chickens”

My friend has repeatedly said he will collect them and return 90 but is not paying anything else.

But is now scared to death of court and prisonand debt that he is going to give him more money to go away.

Can anyone please please advise me on what to do for him I feel he is being prayed on

Any help is hugely appreciated

I’ve attached the letter to imgbb

https://ibb.co/LkC8TqT
https://ibb.co/Vv8yS1H

I barely understood any of that. Something about chickens? And an honours degree? What is an LBA? Maybe it's me but after reading it 3 times I still don't get it?

Your neighbour is being scammed, just throw the letters in the bin.

The letter is utter nonsense.

Your post doesn’t make sense

I would suggest he speaks to CAB

I would be ignoring the letters

This! Only don't bin the letter as this could turn into a harassment case

Whatever is going on it sounds like extortion and a scam

Is this letter from an individual on private notepaper? I don’t think lawyers demand money in that way.

If your neighbour is doing nothing wrong I would seek advice from CAB, or your local Police Safer Neighbourhood Team.

I think throwing the letter in the bin isnt going to help the guys obviously a nutter. I would write him a letter back saying that i consider him contacting my landlord for a private disupte as harrasment and will be informing the police. Maybe refund him the 60 quid so he feels like hes won his vitally important fight for justice and goes away but make him.confirm he considers that final settlement of the matter first.

Just refund £60 and move on. If he is getting ex battery hens and selling them on then he can't know their ages etc.

First thing is you and your neighbour need to calm down and think rationally.

He is threatening to contact your neighbour's landlord's mortgage company? How is he going to have any idea who that is? They are not public records... and even if he did manage to figure it out a major bank is not going to give a toss about a dispute of a client's tenant (with whom they have no relationship) for less than £200. Its all a scare tactic.

Your neighbour needs the police. Maybe a lawyer- check his house insurance policy there might be a legal helpline that might help. But in reality it is a scam preying on the vulnerable for which the police are best placed to handle.

This. What’s LBA?

I think I’d phone the local police and ask their advice

LBA = Letter Before Action. ie see the image attached to the OP.

LBA is Letter Before Action - it means that, to comply with UK legislation, you send a final letter before you start any court action to allow the recipient a chance to resolve the case in advance.

It's referring to the bottom paragraph of the letter that is in the photo.

Can your neighbour prove that they are not two years old?

LBA -the guy is saying he has a law degree - basically trying to big up that he knows what he’s saying .
Your poor friend having to deal with this knob. Can you write back for him - do the refund and say that there will be no further contact. It would cost a fortune for this to go to small claims and I really doubt it would get that far.

Very strange. I don’t understand the temporary chicken dealing, but I realise that’s not the issue here.

Your friend needs some calming legal advice. He should see CAB or a pro bono (free) law clinic if there’s one in the area.

This sounds like a trivial small claims case, in which legal costs almost never figure. So he could represent himself and - I believe - take a friend along for support and just make his case to the judge. Keep all the papers very safe. And get your friend to write down a complete account of what happened. But he mostly needs advice from a solicitor.

(An LBA is a letter before action. It warns of pending legal action.)

Your neighbour is being scammed. His best not communicating with the person.

There are people out there who do this sort of thing all the time.

I heard of one bloke who would apply for all sorts of jobs he wasn’t qualified for and when he didn’t get the job, would accuse them of some kind of discrimination.

It appears most Companies would pay him off just to get rid of them.

This chicken guy sounds like it’s similar. I’m sure if your neighbour can get free some advice (police, CAB etc), he will realise it’s a ‘try on’

Not read TFT but what a ridiculous letter! Trying to be all formal and threatening with law jargon but there are several typos, not as clever as he thinks he is 🙄 And what's all this about "if you respond positively/ negativity"?!

He's either a total misery guts with an ego and has nothing better to do with his time, or it's a scam.

Keep everything your neighbour receives and record everything, I'd say it's worth speaking to the police and telling this person, sounds like it's bordering on harassment of a vulnerable person.

Your poor neighbour, well done for supporting them op

Did he falsely advertised the hens? Which is what the guy is implying.

You also say that your neighbour offered to pay the guy back but the letter seems to indicate that the guy would be happy with that but your neighbour isn't agreeing to it.

Send him (the chicken buyer) a case and desist letter. You will find a template on the Internet. He sounds like a nutter tell your neighbour to bin any further letters or report it Police for harassment, they won't actually do anything though but if you stress your neighbours vulnerability they may visit chicken man and warn him off.

Im not a lawyer but agree with a cease & desist letter - make sure it says as well that your neighbour has offered the refund, to collect the chickens & a £10 goodwill gesture and that this hasn't been taken up.

Give them a date by which to accept & receive the refund etc and that if they continue to refuse it & continue to send threatening communications then your neighbour will report them to the police for harassment.

I can’t see any image? I'm on the app

OP wasn't the advice on Reddit good enough?

If the chickens aren’t two years old then they’re not two years old. I would let this arsehole take me to court and enjoy every minute. Chances are he won’t and will back down.

firstly he needs to prove the chickens are two years old. I’m assuming the place your neighbour got them from will back him up that they’re not two years old? So your neighbour will have a better chance of proving that they’re younger. I haven’t met a vet yet that can correctly age a chicken once they’re fully grown. I’ve kept chickens for years and I couldn’t tell if one was 2 yo or 8 months old. 🤷‍♀️

secondly he was offered a refund which was above and beyond what he needed to. So if the arsehole does take him to court then any judge will take a dim view of him not accepting a refund. It really does sound that this is a vexatious litigation and hopefully would be recognised as this. I don’t believe your neighbour would be seen as a trader. The term caveat emptor would apply to the arsehole buyer and I would remind of this when I send him a cease and desist letter…..as he has a law degree he should understand that.

And if it’s true they’re ex “battery” farm chickens then they’d be 72 weeks old. As that’s the age that commercial chickens are slaughtered or rescued.

Did he sell them as a private seller on gumtree or as a trader? Consumer rights difference depending on which.

But I would send letter as previous poster has and offer the return of the goods for a full refund one last time. With a date to accept by else the matter be considered closed and any further communications be considered harassment.

Please don't engage in giving the money and the chickens. There is no evidence being given either way - and if he didn't sell as a trader then it doesn't really matter anyway.