Hypothetical situation.

ScouseMouse

I have read the rules and believe this is ok but am sure the mods will look at it.

Say, Johnny gets a solicitors letter saying you or your agents/servants actions have caused a problem blah blah blah, get it sorted. but it wasnt Johnny or anyone who works for Johnny or even someone Johnny told to do it. (Johnny/agents/servants)

Say it was really someone called Paddy, who is known to Johnny, but who was working completely on his own. Could Johnny, if called to account, turn around and say it wasnt me or mine so the letter was effectively ignored.

Would in anyones opinion, Johnny have any problems if called to count on this.

listermint

whos johnny:D elaborate...

ScouseMouse

Its a hypothetical situation based on this. IF someone got a solicitors letter about the actions of you/your/agent/servant but it was actually someone else. Could the someone, if called to a court , turn around and say the letter was ignored as they did not have any part in the actions at the centre of the issue.

Milk & Honey

Ultimately if the letter is ignored, legal proceedings may be issued. If they are, a defence will have to be entered or Johnny will be take to have admitted the claim. This costs money, which may or may not, be recovered from the claimant at some future date.
The wisest thing to do is reply to the letter denying the allegation. If Johnny is aware of some incontrovertible facts putting him in the clear it would be no harm to mention them.
In theory, no one is obliged to reply to a letter but getting involved in litigation unnecessarily is a waste of time and money.

NUTLEY BOY

If Johnny has liability insurance he better not reply to the letter as that will probably be a breach of his policy conditions.

If Johnny has a potential liability he better deal with the issue or get his solicitor to do so. If the claim is worthwhile for the claimant it will not go away.

On the other hand if Johnny does not appear to have a vicarious liability he certainly has no responsibility to point out this weakness to the claimant's solicitors. It is not the defendant's job to assist the plaintiff to make his [plaintiff's] case.

Generally, ignoring things like this rarely results in them going away unless they are try ons.

ScouseMouse

The facts of this hypothetical case are Johnny has received a letter for changing - say, a lock on a gate. He did not do it, Paddy did. But Johnny has got the letter as the agrieved party does not have a key and THINKS Johnny did it. If it came to a head, Johnny could and probably would just turn around and say it wasnt him, it was Paddy and Paddy would admit it to. He would just say no one asked him for a key.

Would Johnny have anything to worry about - in anyones opinion.