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Neil P. (NA)     29 November 2014

Legal notice compulsory?

 have to return some company's money that they overpaid 6 months ago and were aware of it. Their Legal team rep has sent in an email earlier. There isn't anything that suggests that this is coming from a Lawyer, neither does it have any letterhead of the company or this so called lawyer.

Is it possible for someone to go ahead with legal proceedings against me without sending me a formal Legal Notice?

 

The email that I have received states the following,

 

"We demand that payment of the full amount be paid to us on or before 7 December 2014. If this account is not resolved by the specified date we reserve the right to commence legal proceedings to recover the debt without further notice to you, and you may be responsible for any associated legal fees or collection costs. If you wish to prevent this, please contact the undersigned as a matter of urgency and settle your account before the above date. Regards, Nicole."

 

  So my query is if it was possible for someone to go ahead with legal proceedings against me without sending me a formal Legal Notice or do I treat this email as a legal notice? Because I've had legal notices served before and I'm not sure why a lawyer would send and email like that which doesn't even mention the company's name. They are even asking to pay back a couple of thousands less. I don't understand why a company that is either talking about taking it to court would first wait for 6 months to send this and then also ask for less than the actual amount. 

 

Also, could they send me a notice stating that I directly see them in court or does it have to me ask to pay up first, if not see you in court?



Learning

 3 Replies

Advocate dishi (AM LEGAL)     29 November 2014

The Opinion given by Dr J C Vashista, Lawyer is of utmost importance as seding a legal notice is demand of one's right which has been denied/ declined by the addressee, subsequently the legal notice forms part of pleadings and shall be read in favour of the person initiating /sender of legal notice.

T. Kalaiselvan, Advocate (Advocate)     02 December 2014

If you recognise that this notice was sent by the company through their lawyer or authorised representative, it will be deemed to be a proper legal demand notice served on you, however, sending it through email may not be considered as proper service of legal demand notice until it is followed by a hard copy by post or through courier service.  To be on the safer side, you may clear the dues to the company as you have to do it one day, why wait for the company to remind you.

Sunil S Nair (lawyer)     03 December 2014

Best advised by Respected Advocate T. Kalaiselvan, like to state further that thou email notice is not yet a proper form of sending notice you are best advised to settle dues to the company


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