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Letter before action received - 20k - please help

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  • Letter before action received - 20k - please help

    Hello,
    My young family and I would be forever grateful if there is anyone in the know that could offer some advice.
    I have had a letter before claim come through from from a large national law firm.
    They are asking for 20k due to my 'negligence'. They have given no quantum to the money owed nor no evidence, just a story about what I supposedly did.
    I will get this out of the way, I was deployed with the British Army at the time of the claim and like the biggest idiot ever, my insurance lapsed and I am basically not covered for the period in question.
    Obviously this is giving us a substantial panic as we simply do not have this money.
    I supposedly removed a retaining wall, which according to the letter, my neighbour built on what is now my land to stop damp. This wall was behind a raised flowerbed. I removed the flowerbed and lowered the level of the garden (receipt for 34 tonnes of soil removal). Then I had turf put down in place of flowerbed at a much lower level. This wall in question was none existent, and if it was, it had been filled up with debris over the years. I have definitely lowered the level substantially. The new layout has supposedly caused water ingress into next door. I wasn't made aware until neighbours said I have claimed on my insurance, quite happy that they were going to get a new kitchen out of it. They then apportioned blame a few weeks later when they realised that they would have to contribute to the new kitchen.
    Anyway, 6 months later letter from their insurance's lawfirm. They are trying to get their costs back.
    Neighbours have in my opinion done this for financial gain - new kitchen and then they put the house for sale month after with the headline 'new kitchen / recently renovated'.
    Thing is, I can no longer inspect the alleged damage - new kitchen, new boiler / plumbing (as per sales brochure), no proof there were adequate ventilation in kitchen or that they were carrying out ill practices (drying clothes indoors etc), no proof 1890s damp proof is still functioning (kitchen redesigned).
    This wall where the alleged damage occurred is littered with failed deep mortar joints, and the extension, which was build without planning permission is of really poor construction. It is obvious that it hasn't been maintained.
    Panicking, I wrote back denying the claim and asking them to quantify the costs and offer proof, without any legal jargon. I am awaiting a reply,
    I cant afford the £250 an hour solicitor, my job in the army doesn't allow for legal aid, so I am basically eating myself alive with worry.
    Thanks in advance.
    Tags: None

  • #2
    Re: Letter before action received - 20k - please help

    Do they have a report from a Chartered Surveyor? A proper surveyor and NOT a damp-proofing salesman "surveyor".

    To suggest that you caused damp ingress by LOWERING the level of land seems extremely unlikely. Sounds like they are after a fast buck and found a crooked, or simply clueless solicitor to help them.

    Ask them exactly what material proof they have. Then go from there.

    Comment


    • #3
      Claimant response time to defendant - letter before action

      Hello and Merry Christmas to all. Please could someone answer me this? I had a letter of claim through the post for property damage. Following advice from this site, I responded asking for evidence as the letter did not refer to any nor did it provide quantum for the 18 grand they are asking for! I denied the claim.



      That was in mid November and I responded asking for a response back within 14 days. From what I have read, they should have included all this in the original letter of claim in accordance with protocols.



      Nearly 40 days have passed and still nothing. This is causing me and my family stress. Is there anything we can do to make them respond in a more timely manner? Bear in mind that they are also seeking £4 a day interest!



      Many thanks for any advice.

      Comment


      • #4
        Re: Claimant response time to defendant - letter before action

        Until they start court action, you probably don't need to worry about it.

        What's the context of their claim?

        Comment


        • #5
          Re: Claimant response time to defendant - letter before action

          Originally posted by lovethyneighbour View Post
          I had a letter of claim through the post for property damage. Following advice from this site, I responded asking for evidence as the letter did not refer to any nor did it provide quantum for the 18 grand they are asking for! I denied the claim.

          That was in mid November and I responded asking for a response back within 14 days. From what I have read, they should have included all this in the original letter of claim in accordance with protocols.

          Nearly 40 days have passed and still nothing. This is causing me and my family stress. Is there anything we can do to make them respond in a more timely manner? Bear in mind that they are also seeking £4 a day interest!
          Am I right in thinking this issue relates to your other thread here > http://www.legalbeagles.info/forums/...198#post695198

          If so ask [MENTION=49370]Kati[/MENTION] nicely if she'll merge your threads so any replies you get will be made in context

          This has the potential to be a £20k claim (according to you) so it needs to be taken seriously. I wouldn't wait for a claim form to arrive - I would want to head it off at the pass.

          Originally posted by lovethyneighbour View Post
          I have had a letter before claim come through from from a large national law firm.
          They are asking for 20k due to my 'negligence'. They have given no quantum to the money owed nor no evidence, just a story about what I supposedly did.
          I will get this out of the way, I was deployed with the British Army at the time of the claim and like the biggest idiot ever, my insurance lapsed and I am basically not covered for the period in question.
          Obviously this is giving us a substantial panic as we simply do not have this money.
          I supposedly removed a retaining wall, which according to the letter, my neighbour built on what is now my land to stop damp. This wall was behind a raised flowerbed. I removed the flowerbed and lowered the level of the garden (receipt for 34 tonnes of soil removal). Then I had turf put down in place of flowerbed at a much lower level. This wall in question was none existent, and if it was, it had been filled up with debris over the years. I have definitely lowered the level substantially. The new layout has supposedly caused water ingress into next door. I wasn't made aware until neighbours said I have claimed on my insurance, quite happy that they were going to get a new kitchen out of it. They then apportioned blame a few weeks later when they realised that they would have to contribute to the new kitchen.
          Anyway, 6 months later letter from their insurance's lawfirm. They are trying to get their costs back.
          Neighbours have in my opinion done this for financial gain - new kitchen and then they put the house for sale month after with the headline 'new kitchen / recently renovated'.
          Thing is, I can no longer inspect the alleged damage - new kitchen, new boiler / plumbing (as per sales brochure), no proof there were adequate ventilation in kitchen or that they were carrying out ill practices (drying clothes indoors etc), no proof 1890s damp proof is still functioning (kitchen redesigned).
          This wall where the alleged damage occurred is littered with failed deep mortar joints, and the extension, which was build without planning permission is of really poor construction. It is obvious that it hasn't been maintained.
          Panicking, I wrote back denying the claim and asking them to quantify the costs and offer proof, without any legal jargon. I am awaiting a reply,
          I cant afford the £250 an hour solicitor, my job in the army doesn't allow for legal aid, so I am basically eating myself alive with worry.
          Di

          Comment


          • #6
            Re: Claimant response time to defendant - letter before action

            Originally posted by Arcadian View Post
            Until they start court action, you probably don't need to worry about it
            If this dispute is destined to be a £20k+ claim it may make sense to deal with as many of the legal issues as possible before the claim is issued in order to comply with Pre Action Protocol to avoid "costs consequences" in what would be a claim in the Fast Track not the Small Claims Court.

            Di

            Comment


            • #7
              Re: Claimant response time to defendant - letter before action

              Originally posted by Diana M View Post
              If this dispute is destined to be a £20k+ claim it may make sense to deal with as many of the legal issues as possible before the claim is issued in order to comply with Pre Action Protocol to avoid "costs consequences" in what would be a claim in the Fast Track not the Small Claims Court.

              Di
              Very good point. The claim does sound like a lot of nonsense though.

              Would be good to to know what material proof the claimants think they have - I did ask the OP in the original thread and they did not reply.

              Comment


              • #8
                Re: Letter before action received - 20k - please help

                Thanks for the replies. As per my post, they have not provided me with any proof at all in the original letter of claim. I have asked for proof over 40 days ago despite asking them to reply within 14 days.

                Can they take all the time they want to reply?

                Thanks again

                Comment


                • #9
                  Re: Letter before action received - 20k - please help

                  Originally posted by lovethyneighbour View Post
                  Thanks for the replies. As per my post, they have not provided me with any proof at all in the original letter of claim. I have asked for proof over 40 days ago despite asking them to reply within 14 days.

                  Can they take all the time they want to reply?

                  Thanks again
                  Yes they can wait forever. But unless they provide credible evidence, they won't win, in the unlikely event that they take this to court...

                  Comment

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