No response from solicitor means issue closed??

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scatterengineer
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No response from solicitor means issue closed??

Post by scatterengineer »

Hi There
bit difficult to give this a title really - I am the defender in a dispute over the past couple of years to a claimant
who has a solicitor. I do not, I have no funds to support a solicitor - and I know there is bound to be someone
that will say "get a solicitor" - it cannot happen unfortunately as I am retired and have extremely limited
funds.

in early 2010 we told their solicitor to prove their case in court. Nothing has been heard since their response
stating that court papers will be issued in due course. Its been a year now.

I wrote a letter to their solicitor stating that ,

As we have not heard from you for some time, can you confirm that you are taking
court proceedings with respect to the dispute. If we do not hear from you by
14 March 2012 , we will consider the issue closed

We never heard from them at all and here we are at 19 March. Does this mean that the issue is closed, or
must I have it in writing from them that the issue is closed.

Many thanks in advance.
despair
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Joined: Mon Mar 14, 2005 7:07 am

Re: No response from solicitor means issue closed??

Post by despair »

Have you carefully checked your house insurances /credit cards for Legal Expenses Cover

you may have this and not realise
mr sheen
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Joined: Fri Feb 27, 2009 2:33 pm

Re: No response from solicitor means issue closed??

Post by mr sheen »

Sadly you did not get the 30 mins free advice from a solicitor that you could have done at the beginning and decided to set the tone of the dispute by telling the claimant's solicitor in no uncertain terms 'to prove their case in court', so until you hear otherwise from them you may have to assume that they are preparing to do exactly what you told them to do. Presumably you told the solicitor this in writing and therefore he has a copy of your unwillingness to discuss the matter.

So you can just sit back and see if anything comes of the matter in terms of Particulars of Claim, it may or may not.

Since your deadline has now expired you could write again and say that since you have heard nothing, you now consider the matter closed. However until both sides consider a matter closed, a dispute could still be said to exist. I personally would get a solicitor to send that letter since solictors' courtesy code means that they are obliged to respond to each other.
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scatterengineer
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Re: No response from solicitor means issue closed??

Post by scatterengineer »

Thks for your response mr sheen....so in essence even though they do not respond, then
it could very well mean that even though I consider the issue closed, they will not consider
it closed and continue on ?? is this correct.

I suspect that you are also saying, that even though we are representing ourselves, that
the claimants solicitor is also not obliged to respond to correspondence as well, thereby
dangling us on the end of a rope.

I cant get solicitor at all, it costs money which I dont have, nor does insurance cover this
issue. My wife and I are out alone on this

regards
.
Conveyancer
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Re: No response from solicitor means issue closed??

Post by Conveyancer »

I am afraid that correspondence of the "if I do you not hear from you I shall assume x" type does not work at all.
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mr sheen
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Re: No response from solicitor means issue closed??

Post by mr sheen »

scatterengineer wrote:Thks for your response mr sheen....so in essence even though they do not respond, then
it could very well mean that even though I consider the issue closed, they will not consider
it closed and continue on ?? is this correct.

.
They may be preparing a case in order to do exactly what you told them to do i.e. 'prove their case in court'.
Until both sides agree the matter is resolved, it is on-going.
syckend
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Re: No response from solicitor means issue closed??

Post by syckend »

Unfortunately Conveyancer is correct. Like it or not you have a boundary dispute hanging over you which could in due course make it difficult for you to sell your house.
If there is any chance you have legal expenses insurance you should contact your insurers straight away. If not try and get a free 30minutes with a solicitor as another forum member has advised and get them to write a letter for you so that you know precisely what your neighbours are alleging as regards the boundary.
In our long running dispute our opponents made unsubstantiated allegations but would not explain exactly what was amiss. They let things lie, but we took legal advice and knew that until their vague claim was settled our property would be blighted. Consequently we had to issue proceedings against them to get the matter settled - which took over 5 years.
You do need expert advice.
I advise as an experienced layman whose dispute via Courts lasted 5+yrs. Try to avoid this route©
arborlad
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Re: No response from solicitor means issue closed??

Post by arborlad »

mr sheen wrote: I personally would get a solicitor to send that letter since solictors' courtesy code means that they are obliged to respond to each other.

That's interesting to know - thanks.
arborlad

smile...it confuses people
arborlad
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Re: No response from solicitor means issue closed??

Post by arborlad »

syckend wrote:................ try and get a free 30minutes with a solicitor .......... and get them to write a letter for you .

Would a letter be included free of charge, I'm inclined to think not.
arborlad

smile...it confuses people
syckend
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Re: No response from solicitor means issue closed??

Post by syckend »

They would charge but hopefully during the 30minutes [if they do a free consult] they would know hiw best to deal with the situation. We don't know enough.
I advise as an experienced layman whose dispute via Courts lasted 5+yrs. Try to avoid this route©
span
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Re: No response from solicitor means issue closed??

Post by span »

I like Bulgarians. Salt of the earth.

Apart from the organised criminal gansters and corrupt public servants of course, but that's goes with out saying.

Salt of the earth.
Roblewis
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Re: No response from solicitor means issue closed??

Post by Roblewis »

It is a moot point however that a judge could regard any evidence now produced by a claimant as estopped on the basis that they failed to provide it within the time frame set out. It is always a tricky decision by a solicitor whether or not to ignore what is essentially a put up or shut up letter with a timescale set into it. They may in fact defeat their clients own claim even if it is valid. A letter such as yours usually evinces some reaction even if only to say we are collecting evidence.
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scatterengineer
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Re: No response from solicitor means issue closed??

Post by scatterengineer »

I have waited to see what responses would turn up - most interesting - but bulgaria
is out.
In the early part 2010 I did have a solicitor, as well as Chartered Surveyor who is court
approved. In essence they both said that the claim from the claimant is totally non valid
as well as the ridiculous measurement made on a 1:500 plan that was 1 meter out, that is
distance on the ground measured is 12 meters, but is 11 meters on 1:500. Yet Land Registry
clearly state "for info purposes only do not take measurments".
There was a plan in early 2011 for surveyors to meet up, but the claimants surveyor was being
awkward, so was called off (by me). The claimant and their solicitors were stating that the
burden of proof lay with me (the defendant), which by law is incorrect. This is why I said
that if you can prove it in court - then do so.
I spoke to Land registry adjudicator, which he says provides a free service, but I am not
sure if I can use this service as I have told the claimant to go to court and prove.

As far as insurance is concerned it dont work with boundary disputes - we are alone on
this. What funds we had £7,000 is all gone, bone dry, not a brass fathing at all.

Anyway, just recently (2 months ago) purchased 1:200 diagrams from mapping authority, that
being Ordnance Survey - and guess what, the measurment on this is 12 meters, so justifies
the correct measurement.

I have to represent myself, so, if anyone can advise on the story so far, would greatly
appreciate it.

Finally, the TP1 documentation clearly has provisions for rights of access, both of which
our solicitor and surveyor clearly pointed out, but was rejected as the TP1 is not valid.
Yet, I understand that the TP1 as well as the Title (which I signed) are valid court
documents - that is, a kind of receipt for purchase of the property.


Best Regards to all.
The ScatterEngineer.
syckend
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Location: South Coastal area

Re: No response from solicitor means issue closed??

Post by syckend »

Hello ScatterEngineer
Thinking about your problem overnight I was going to say we hadn't been a lot of help and we didn't know enough.Then I was going to say - and still say! 'Knowledge is power' - so if you are going to sit tight then you need to prepare your case just in case the other side start things off again at an inconvenient time - e.g. when you come to sell your house and correspondence re possible disputes have to be revealed.

But you've already done what I would have advised and have shown that you can rebut any allegations about the line of your boundary with strong factual evidence.
Again you are the best person to weigh up your opponent's financial situation. The likelihood is that they have kept quiet because costs have mounted for them too and they will surely have been advised that they have a less than 50:50 chance of winning a case against you. On the other hand your opponents could be very very wealthy [as in our long-running case] and will stop at nothing to get what they want - maybe access for a future planning development.

The consensus here is that your dispute isn't dead just because you say so. Using the Land Registry adjudicator now seems to be your best option so somehow you need to retreat from your suggestion that your opponents prove their case in court. Should the case ever get to court you will find that the judge will look very carefully at the early exchange of letters. They will be picked apart! They are your best way of letting the judge know the key points in your supporting evidence.

From your point of view you you don't have the money to go to court. Even if you represent yourself - which I suspect you would do very efficiently - there are still costs to pay. So it seems to me you need to compose a short carefully worded letter that would [a] let a judge know that you have a very very strong case but that you want settle issues without going to go to court let your opponent know he hasn't a cat in hell's chance of winning and - most important of all I think given your financial situation - [c] encourage the Land Registry adjudicator to take on the dispute.

So over to you ScatterEngineer. Sincere good wishes whilst you compose your letter!
I advise as an experienced layman whose dispute via Courts lasted 5+yrs. Try to avoid this route©
Boundary
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Joined: Wed Feb 01, 2012 9:18 pm

Re: No response from solicitor means issue closed??

Post by Boundary »

Its true people dont have money to waste on boundary disputes. I agree that the judge will need to see that you have been forthcoming in solving this dispute before it gets to court.
As far as i know IF they have filed a court order then you should hear withing about 7 -10 days of that.
Its a real shame that the solicitors havnt contacted you. Have you throught about ringing them directly to ask what is going on? You have a right to know and i agree you cannot just wait for the rest of time wondering if you will recieve another letter/contact.
If they are not responding to anything, you may want to risk asking for a mediation session, The medation team contact the neighbours and if nothing is heard or its a no then you hv some more support on your side-be warned mediation is 50/50 costs.
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