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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50147
Experience:  Qualified Solicitor
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Who is responsible contents of a letter the person who wrote

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Who is responsible for the contents of a letter the person who wrote it or the person who approved it and posted it?

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

What is the nature of the contents of this letter? Please provide a brief background. Thank you.

Customer: replied 1 year ago.
Hi BenA letter was sent to me stating that a loan agreement was terminated in 2008. The letter was written by a debt management company and posted by the person who says I now owe them the money. When I pointed out that it was out of time they now say that the debt was not called in in 2008. However I can prove that the letter was in fact posted by the individual as I kept the envelope and it is in his hand writing.

OK, thank you for your response. I will review the relevant information and laws and will get

back to you as soon as I can. Please do not respond to this message as it will just push your

question to the back of the queue and you may experience unnecessary delays. Thank you

Many thanks for your patience. The liability in such circumstances could be joint. In other words both the party that wrote the letter and the party that approved it could be responsible for the contents of the letter. In the end it could be a matter of who had the authority to approve the contents – if the party that wrote it was simply following instructions from the party with the authority to dictate the contents, then the writing party may not have direct responsibility but the party that dictated the contents and had the final approval will be the one responsible. So you may indeed argue that the party which claims you still owe the debt was responsible for the contents of the letter if they knew what these contents were and they still approved them and communicated these to you by taking the action of posting the letter out to you.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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Customer: replied 1 year ago.
Many thanks for your replyDo you have a legislation I can quote or do you know of any cases similar which have been subject to review by the House of Lords. If not how can I find out?Kind regardsNeil

This is not down to legislation, it is down to common law, i.e. case law. I know the law in principle but from the top of my head I cannot quote any specific cases - this will require formal legal research. You can do this yourself online but the access to legal resources will be limited, or you can engage a solicitor to do this. If it is just to reply to the other party then it may be unwise to spend the money for research just to be able to quote a case to them, I would say only do this if you are likely to go to court