michaelc
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Post by michaelc on Nov 11, 2018 14:34:59 GMT
Hello A property developer has been threatening to sue me for over a year for breach of contract ("small" amount - two or three k) . He has already sent emails and letters via registered post. None are clearly labelled "letter before action" or similar but all threaten to "serve proceedings without further notice" or similar. The latest letter has asked for a heck of a lot of email correspondence between myself and various other parties which whilst are background to the issue and may seem reasonably disclosed (to my non legal eyes) if this developer went to court and issued a claim, that hasn't happened. I doubt they would affect their case. So my question is do I have to release all these emails now and should I get the permission of the people and companies I was writing to? Some of them go back two or three years and it would take a long time to get them together and longer if I have to re-read them. Or can I wait unless and until I receive a claim form from the county court (small claims presumably and hopefully!) ? Any thoughts gratefully received and any learned thoughts even more gratefully received  |
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liso
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Post by liso on Nov 11, 2018 15:40:03 GMT
As a general rule, you cannot be compelled to disclose information except by a court.
What you decide for yourself is up to you, but when the information involves other parties, I'd recommend being extremely cautious about handing it over to anyone.
If you are confident that the developer has no case, it may be that he is simply hoping that pressure will push you into accepting his claim. Raising an action in small claims is (relatively) straightforward, so it may be significant that he has spent a year threatening to sue, rather than going ahead and doing it!
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agent69
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Post by agent69 on Nov 11, 2018 15:58:55 GMT
Any thoughts gratefully received and any learned thoughts even more gratefully received If he hasn't started formal legal proceeding against you I would tell him to p*** off.
I have been through many different forms of dispute resolution, including attending a small claims court case about 2 years ago (the administrator of a bankrupt subcontractor alleged we owed the company money). Whereas there is disclosure in some forms of dispute resolution, I don't recall anything in the small claims court. The administrator submitted documents to the court allegedly showing that the debt existed, we submitted documents showing why money hadn't been paid. We all then went to court where each side has the opportunity to examine the evidence submitted by the other side and question the other sides representatives.
The trouble with disputes is that people can get entrenched in their positions. Have you looked in detail at what has been alleged by way of a breach and responded honestly?
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Godanubis
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Anubis is known as the god of death and is the oldest and most popular of ancient Egyptian deities.
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Post by Godanubis on Nov 12, 2018 0:59:55 GMT
Any thoughts gratefully received and any learned thoughts even more gratefully received If he hasn't started formal legal proceeding against you I would tell him to p*** off.
I have been through many different forms of dispute resolution, including attending a small claims court case about 2 years ago (the administrator of a bankrupt subcontractor alleged we owed the company money). Whereas there is disclosure in some forms of dispute resolution, I don't recall anything in the small claims court. The administrator submitted documents to the court allegedly showing that the debt existed, we submitted documents showing why money hadn't been paid. We all then went to court where each side has the opportunity to examine the evidence submitted by the other side and question the other sides representatives.
The trouble with disputes is that people can get entrenched in their positions. Have you looked in detail at what has been alleged by way of a breach and responded honestly?
I don’t know about good old English law but under Scottish law if you receive multiple letters referring to a debt even a legitimate debt. It is a criminal offence of harassment if you have informed the sender that you are prepared to go to court and give your local court details. The Police will act. Debt collection agencies in England back off the moment you tell them you have informed the person involved you will go to court as by acting as their agent they would be committing a criminal offence. Just found this for England link
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Stonk
Stonking
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Post by Stonk on Nov 12, 2018 10:13:09 GMT
Hello A property developer has been threatening to sue me for over a year for breach of contract ("small" amount - two or three k) . He has already sent emails and letters via registered post. None are clearly labelled "letter before action" or similar but all threaten to "serve proceedings without further notice" or similar. The latest letter has asked for a heck of a lot of email correspondence between myself and various other parties which whilst are background to the issue and may seem reasonably disclosed (to my non legal eyes) if this developer went to court and issued a claim, that hasn't happened. I doubt they would affect their case. So my question is do I have to release all these emails now and should I get the permission of the people and companies I was writing to? Some of them go back two or three years and it would take a long time to get them together and longer if I have to re-read them. Or can I wait unless and until I receive a claim form from the county court (small claims presumably and hopefully!) ? Any thoughts gratefully received and any learned thoughts even more gratefully received
Without a Court being involved, I see no reason why a demand made by one individual to see another individual's correspondance should be entertained for more than a millisecond.
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moogman
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Post by moogman on Nov 13, 2018 10:01:44 GMT
If he hasn't started formal legal proceeding against you I would tell him to p*** off.
I have been through many different forms of dispute resolution, including attending a small claims court case about 2 years ago (the administrator of a bankrupt subcontractor alleged we owed the company money). Whereas there is disclosure in some forms of dispute resolution, I don't recall anything in the small claims court. The administrator submitted documents to the court allegedly showing that the debt existed, we submitted documents showing why money hadn't been paid. We all then went to court where each side has the opportunity to examine the evidence submitted by the other side and question the other sides representatives.
The trouble with disputes is that people can get entrenched in their positions. Have you looked in detail at what has been alleged by way of a breach and responded honestly?
I don’t know about good old English law but under Scottish law if you receive multiple letters referring to a debt even a legitimate debt. It is a criminal offence of harassment if you have informed the sender that you are prepared to go to court and give your local court details. The Police will act. Debt collection agencies in England back off the moment you tell them you have informed the person involved you will go to court as by acting as their agent they would be committing a criminal offence. Just found this for England link
Agreed. If they are persistent, you could send a notice of intent for harassment "unless contact ceases within 7 days from X". Also, definitely don't share information - Much of it will likely be protected by GDPR, and this you will leave yourself open to data protection claims.
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