threats in solicitors letters

Our man in Havana

Could a solictor be disciplined by the law society for sending letters to people making threats that are false and unfounded.

Eg. Saying if you don't respond we will seek an installement order for the full amount in one payment. A court would never do that even if the amount involved is huge, ie serveral K.

aidan_walsh

The solicitor would be well within his rights to petition the court for it, which is after all all that he is threatening to do. I wouldn't call it a false and unfounded threat, since the letter never implies that the recipient would actually have to pay in one lump sum, as per your example.

Eru

First of Bond, your going mad. Having a conversation with yourself

However, the threat is not a threat if its legal, its a warning. (you know, like rich people arent mad)

Additionally, as long as it is technically possible no matter how unlikely, its not unfounded.

Karoma

He's not. I had replied - saying pretty much what Aidan_Walsh said, but in a less elegant manner.

Our man in Havana

Thanks for the answers guys.

Turner

Presume the law society has an internal disciplinary code. Same as any state organisation.

EducatedGuess

A solicitor can make an application to court for such an order but needs to prove that the statement is correct. The solicitor was asking you to respond to the detail in the letter not to the order. They want to know your position. However, if the allegations in the letter are untrue the fact that they are sending them directly to people involved makes them stay within the law. Nonetheless, if you think that the language in the letter is a bit strong or of a bullying nature you can report it to the law society for unprofessionalism. i.e. the letters seem personal. Seek the solicitors source in the matter and then re-examine your position. They are merely saying if you dont respond to the letter they will proceed with an application. That does not mean pay them. If the the allegations in the letter are false and unfounded, you write a letter counter acting their position. If it goes any further than that, seek seperate legal advice.

hullaballoo

The term "without prejudice" can make it ok for a solicitor to send contentious material.

Edit: sorry, my original post was rushed and inaccurate!

EducatedGuess

A solicitor cannot send threats, and the words without prejudice does not make it ok if they did. Solicitors are stating positions on behalf of themselves or a client.

Our man in Havana

Can a lay person write to a solicitor using without predjuice?

hullaballoo

Yes, anyone can use it.

Bond-007

Bond-007 wrote:

Could a solictor be disciplined by the law society for sending letters to people making threats that are false and unfounded.

A complete waste of time and a stamp. The Solicitors first duty is to his client and if he is alleging an outstanding debt his job is to recover it. Making comments about about costs and publication and lump sums is absolute bog standard stuff done by nearly every Solicitor and a complaint would be laughed at. If the language used was particularly violent or vulgar, perhaps you could complain but nothing you say is remotely offensive. In fact every Solicitor would seek an instalment in one lump sum, though would only expect it if there was a 'no show' by the defendant or a statment of means was not filed.

NUTLEY BOY

I did some work experience in an insurance company.

The solicitors' letters all had a delightfully threatening air about them. However, after you saw your first 1000 of them they became as impressive as junk mail.

However, I could appreciate that people not used to receiving solicitors' letters could well get a shock if one arrives.

Don't be overawed by solicitors' letters as they are only doing their jobs but never ignore them either !!

padser

Deleted User wrote:

A complete waste of time and a stamp. .

If it a solicitors time it probably costs a lot more then the stamp!!!;)