Automated Solicitor's letters

barman linen

Can anyone tell me what the obligations are on a law firm before sending out a solicitor's letter ?

I recieved what looks like an automated letter regarding a Bord Gais account. I am in contact with Bord Gais directly as I have received several different bill amounts and they are sending me a statement of my account. As far as I am concerned I am dealing with my supplier directly.

Why would I recieve a solicitor's letter and does the firm have to consider what they write - or is written on their behalf on a solicitor's letter ?

I am of sound mind but surely there are lots of people that would be frightened by a solicitor's letter and this is an abuse of their office ?

Any comments welcome.....

Our man in Havana

Is it an unsigned letter?

Sounds like a letter generated by a debt collector on a solicitors letterhead.

barman linen

Our man in Havana wrote: »

Is it an unsigned letter?

Sounds like a letter generated by a debt collector on a solicitors letterhead.

It is from an actual law firm - however it does not have a phone number attached.

Our man in Havana

Is it actually signed though?

coylemj

Pretty similar situation - no phone number and no human signature on a threatening letter from people acting on behalf of a public body....

If you get a parking ticket in Dun Laoghaire-Rathdown county and don't pay it, you get a threatening letter headed 'Partners At Law' which tells you that they have been 'instructed to prosecute a summons against you' in respect of the ticket, even though any prosecution on behalf of a public body has to be taken by the state solicitor or a Garda and not by a private firm of solicitors.

What you have in my case and yours is basically a firm of debt collectors masquerading as solicitors, their letters have no phone number, no e-mail address and in my case the letter is 'signed' by someone called 'partners at law'!

cram1971

Contact your contact tomorrow and tell them you received this letter, follow up by email, fax or letter. Board Gais will disconnect if they can quite quickly.

What I mean by if they can is if they can get easy access to your meter they will turn it off and clamp it. I they cant get to your meter they will have to digg up the road to turn you off which they are a bit slower to do.

dermot_sheehan

coylemj wrote: »

Pretty similar situation - no phone number and no human signature on a threatening letter from people acting on behalf of a public body....

If you get a parking ticket in Dun Laoghaire-Rathdown county and don't pay it, you get a threatening letter headed 'Partners At Law' which tells you that they have been 'instructed to prosecute a summons against you' in respect of the ticket, even though any prosecution on behalf of a public body has to be taken by the state solicitor or a Garda and not by a private firm of solicitors.

What you have in my case and yours is basically a firm of debt collectors masquerading as solicitors, their letters have no phone number, no e-mail address and in my case the letter is 'signed' by someone called 'partners at law'!

Partners at Law have the contract with Dun Laoghaire Rathdown County Council to prosecute parking and byelaw violations on behalf of the Council.

They are acting as solicitors for the Local Authority and have the power to bring a parking prosecution in the name of the local authority. (s. 3 Local Authorities (Traffic Wardens) Act 1975).

Our man in Havana

Why do they not sign their letters?

dermot_sheehan

Our man in Havana wrote: »

Why do they not sign their letters?

No idea, probably for both efficiency and they don't want one of their individual employees to be a target of abuse. There's as far as I know no ethical or legal requirement for the letter to be signed by an individual.

At least they use the same name for their debt collection division unlike some firms. MOP for example use the name AB Wolfe & Co. when chasing bills so they don't damage their corporate image.

barman linen

Our man in Havana wrote: »

Is it actually signed though?

There is a scrawl over the signature line but no person named below. I just find it offensive that I receive a letter like this from what seems to be a computer.

I moved across to Airtricity from Bord Gais and they have sent me three different amounts for final settlement of the bill. I have engaged with them at every turn and have asked them to send me a statement of all payments during 2010 - fairly reasonable request I would have thought.

Obviously the Bord Gais system has date triggers for sending the next stage of 'Dunning' letters and the letter has come out without being considered by an actual solicitor.

So my main point is - can a solicitor's firm threaten someone based on a computerised system or are they obliged to receive formal 'instructions' from their client ? What is the legal requirement for a solicitor to use their 'officer of the court' status and commit it to their headed paper ?

In any event it is certainly not a textbook way to 'rescue' a former client.

Our man in Havana

They are most likely operating under some blanket instruction to issue letters to the details that they forward to them.

barman linen

Our man in Havana wrote: »

They are most likely operating under some blanket instruction to issue letters to the details that they forward to them.

But is that good practice...? Just threaten all these people today please ?

Even when their systems are in error in threatening someone that had responded to their process ?

barman linen

barman linen wrote: »

Can anyone tell me what the obligations are on a law firm before sending out a solicitor's letter ?

....

With all the lawyers and students on here...can no one answer this question ?

bath handle

Headed paper is considered a signature. Once the name of the firm is on the top that is enough. Their instructions from the client are privileged so can't be questioned.

Our man in Havana

I do know of one case where the debt collector was printing the letters themselves on a solicitors headed paper. Basically they were paying for the use of the name.

barman linen

bath handle wrote: »

Headed paper is considered a signature. Once the name of the firm is on the top that is enough. Their instructions from the client are privileged so can't be questioned.

So if the instructions are wrong - as they are in my case - what are the implications for threatening someone in error ?

seamus

barman linen wrote: »

So my main point is - can a solicitor's firm threaten someone based on a computerised system or are they obliged to receive formal 'instructions' from their client ? What is the legal requirement for a solicitor to use their 'officer of the court' status and commit it to their headed paper ?

I have in the past received a solicitor's letter from an actual solicitor's firm, but with stamp instead of a signature.

I imagine large companies have an agreement with their solicitors that they are permitted to send out standard template letters with the solicitor's letterhead as part of dunning procedures. This cuts down on actual workload because the solicitors don't have to look at every case.

A solicitor's letter carries no more legal weight than any other letter in reality.

However you could conceivably say that that the implied importance of a solicitor's letter above a normal letter may amount to extortion or threatening behaviour in the case where they are demanding money "or we will begin proceedings", and you have already agreed a payment or resolution with the supplier.

You'd need a solicitor to determine that though

barman linen

seamus wrote: »

A solicitor's letter carries no more legal weight than any other letter in reality.

However you could conceivably say that that the implied importance of a solicitor's letter above a normal letter may amount to extortion or threatening behaviour in the case where they are demanding money "or we will begin proceedings", and you have already agreed a payment or resolution with the supplier.

This is the nub of my argument - I think it is a gross abuse of 'power' to send a letter like this out. I understand there is no greater significance than any other letter but I'm sure there are many people who would be terrified if a solicitor's letter appears on their mat.