what is the legal position when you agree to claims made in a letter of claim?

[1PrincessPink]

Not sure what else I can say

[boxtops]

You can tell us more about the circumstances - a letter of claim for what?

[Maydup]

Has the letter of claim been passed by a solicitor princess?

[jackthehat]

From the few bald facts here, I would say that you have 'admitted' something and are the responsible for whatever 'remedies' have been set out.

A few additional facts may be pertinent and throw a different light on the issue!

[1PrincessPink]

Letter of claim made allegations which were mostly nonsense but a few were correct and we were prepared to agree. My solicitor sent a response denying all but agreeing to the ones which were correct. What is the effect of the ones we have agreed?

[Zacs-Master]

The effect on what?

[boxtops]

I still don't understand the question, is the claim financial?

[jackthehat]

Whatever 'remedy' is suitable for the things you have admitted.....that will be what happens next.

Has your solicitor not told you exactly what happens now?

[1PrincessPink]

Sorry it is a letter before claim. Their solicitor sent it to us, we agreed with some specific points because it was right to do so. What is the effect of our agreement?

[jackthehat]

What were the allegations that you admitted?

[boxtops]

Is your solicitor not advising you? I don't understand any this.

[Zacs-Master]

Again, the effect on what?

[1PrincessPink]

It is not a financial claim, but we just want to know whether we can refer to what we have agreed if it goes to court. Our solicitor doesn't explain.

[boxtops]

princess, you are going to have to give us a bit more information, please.

[jackthehat]

I suggest you sketch out more details if you want a comprehensive reply.

[Eve]

Was the letter marked "Without Prejudice"?

Much more information needed really and your solicitor should be advising you as they have all the facts. Did they not explain this before the letter was sent?

Depends on the bearing the things agreed to have on the claim really. Were they just general facts which don't have much bearing save for clarity/things being correct or do they relate to liability in any way eg admitting fault?

What is the remedy being sought? If not money (or all money) could it be some kind of action (or stopping you doing something), the return of goods, possession of a property etc...

[1PrincessPink]

no the letter was not marked without prejudice. It set out what their claims were and we agreed with some points and denied others (which we could prove were wrong). We want to show a court that we have agreed with these points even if they are not referred to in their claim to the court - if it goes to court.

[boxtops]

Please explain "the claims" - are you alleged to have done something, owe something, not done something?

[1PrincessPink]

Its complex. They made allegations regarding issues of alleged damage to their property due to work done on my side of the party wall , I (through my solicitor) denied several things but agreed on some points. If they take me to court, can I refer to the agreed points from the letter before claim?

[Zacs-Master]

Was a party wall agreement entered into?

[jackthehat]

If you have agreed that these things, and have come to some sort of agreement for 'recompense' they shouldn't be dealt with by the court.
If however, they form part of a greater claim, they may be 'taken into account' when judgement (£) is decided by the court.