Section 36 offer

Sevennotemode · 2 May 2017 at 7:34PM

A very threatening solicitor has sent me one of these to try and pressurise me into varying the
will of my late mother.This is his latest attempt to get information out of me in a long line of threatening,factually incorrect and downright nasty letters

He has no grounds whatsoever for doing so but there is a very disgruntled sibling who reckons they should have got more from the estate.

I intend to totally ignore this latest attempt but I wondered is this a common ploy amongst agressive
solicitors just to try and get something out of a hopeless case where they really don't have any substance to a 'case'.

Is it just another way for solicitors to appease pushy clients and so generate more fees ?

Yorkshireman99 · 2 May 2017 at 7:42PM

Sevennotemode wrote: »

A very threatening solicitor has sent me one of these to try and pressurise me into varying the
will of my late mother.This is his latest attempt to get information out of me in a long line of threatening,factually incorrect and downright nasty letters

He has no grounds whatsoever for doing so but there is a very disgruntled sibling who reckons they should have got more from the estate.

I intend to totally ignore this latest attempt but I wondered is this a common ploy amongst agressive
solicitors just to try and get something out of a hopeless case where they really don't have any substance to a 'case'.

Is it just another way for solicitors to appease pushy clients and so generate more fees ?

As a last resort refer him to the case of Arkell v Pressdram. Google will tell you more.

TBagpuss · 3 May 2017 at 10:33AM

Do you mean a Part 36 Offer?
This is a fairly standard thing, in any kind of litigation or proposed litigation, and has implications in relation to costs of things go to court.

Obviously without knowing the details, none of us can judge whether this is a legitimate step because there is some validity or potential validity in your sibling's claim, or not.

Have you responded to the earlier letters etc? And have you taken any professional advice about where you, and the estate, stand (I assume you are the executor?)

Keep_pedalling · 3 May 2017 at 4:19PM

I doubt it is the solicitor who is threatening, he is probably just carrying out the instructions from an insistent client.

From your other threads your sibling seems would appear to be well over the time limit for a claim, so I would just distribute the estate and ignore any more nonsense from your sibling.

Sevennotemode · 3 May 2017 at 8:22PM

Thanks keep pedalling for your reply.

You have sussed out my sibling very clearly.

This sibling has a hstory of 'trying it on' he is an ex bankrupt, always short of money and a general nasty piece of work.

I am very grateful for your insight and experience.

Sevennotemode · 9 June 2017 at 3:45PM

I distributed the estate and the residual beneficiaries' solicitor has returned their
cheques and keeps on about 'purported will' 'unsound mind' etc but he has been
threatening me with court action now for some 9 months.

I have lost count of the number of 'deadlines' he has given me (7 days for this,14
days for that, 21 days..etc etc) - all their letters are the usual initimidation and threats.

I know that they can't afford to take court action as they are always short of money.

So where do we go from here ?

I am just happy to leave their money in a zero interest executor bank account and forget all about them.

Any thoughts anybody.

Yorkshireman99 · 9 June 2017 at 4:48PM

Sevennotemode wrote: »

I distributed the estate and the residual beneficiaries' solicitor has returned their
cheques and keeps on about 'purported will' 'unsound mind' etc but he has been
threatening me with court action now for some 9 months.

I have lost count of the number of 'deadlines' he has given me (7 days for this,14
days for that, 21 days..etc etc) - all their letters are the usual initimidation and threats.

I know that they can't afford to take court action as they are always short of money.

So where do we go from here ?

I am just happy to leave their money in a zero interest executor bank account and forget all about them.

Any thoughts anybody.

Report the solicitor to the Law Socity for unprofessional conduct. Also write to the senior partner at the firm with a formal complaint. Tell them that their conduct amounts to harrasmnent and that if it continues you will report it to the poilce. Only do the latter if you are prepared do so. Never bluff!

Section 36 offer

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