Hello Debra, I received a letter from my ex partners lawyer…

Question

Hello Debra, I received a letter from my ex partner's lawyer yesterday, dated
Sept 6th marked by Canada Post on the 8th and rec'd at my home on the 12th. It
basically says he is not prepared to engage in a debate about his significant
contributions to the home during his time there. It is clear from his records
that he wants 1/2 the matrials supplied, 1/2 the operating costs and 1/2 half of
the equity, and in many of the projects he supplied the labour. There are no
receipts given to back this up. As you know I contacted the Law Society and the
first appt I was able to get was Sept 28th. This letter stated that this letter
is the offer to settle, he is asking for $80,000 which includes the bank draft I
gave him plus a further $30000 to be paid within 30 days of the accetptance. The
offer is open until Sept 15at 4 pm...failing acceptance to bring action with
respect to his trust claim...the figure is not negotiable. First of all, I made
it very clear to them, that I did not have an appt until Sept 28th...I was just
going to respond that 56 hours is not enough time, and I would like to see a
breakdown of the $30,000. In light of the fact that he is not entitled to any
equity, can I mention the Family Law Act, or just reply that I am not responding
to this offer prior to speaking to an attorney. He is trying to intimidate, and
as I mentioned to you prior, he has cashed the $50000.00 draft and has purchased
a home which closes on Sept 28th, the same day as my initial appointment. The
letter states he is not open to a counter offer of a lesser amount, and hoped
this could be settled amicably....I need your advice on the wording of the
letter in response to this.

Debra · Accepted Answer

Debra Thal (username) :

This is not about the Family Law Act and they know that.

Debra Thal (username) :

He is making a claim for unjust enrichment on the basis that he says he has
contributed to the value of your assets.

Debra Thal (username) :

You can ignore the letter.

Customer:

So I should not respond to this?

Debra Thal (username) :

Or you can answer but do not respond with anything more than, as I told you I
will be seeing a lawyer on the 28th. The lawyer will get back to you after that.

Debra Thal (username) :

They want to scare you into accepting before you see a lawyer.

Debra Thal (username) :

This is a very poor approach on their end because you need independent legal
advice.

Debra Thal (username) :

I suspect this lawyer is not very experienced.

Debra Thal (username) :

The lawyer is putting his own client at risk if you don't get the advice first.

Customer:

I know that, it is definately an intimidation....do you think I should respond
or ignore? Another question...am I being charged each time I ask you a question,
or is this included in my initial fee? His lawyer is very experienced, an older
law firm in practice for over 35 years

Debra Thal (username) :

I don't know what you are paying the site.

Debra Thal (username) :

I don't work for the site.

Debra Thal (username) :

But if you signed up for a monthly subscription these posts are all included.

Debra Thal (username) :

So you could then ask as many questions as you want.

Debra Thal (username) :

When we are done I can send a message to the admin and they will get back to
you.

Debra Thal (username) :

I think you can respond by saying thanks and my lawyer will get back to you
after I see him/her on the 28th.

Customer:

Yes I did, sign up for a month....should I ask them for a breakdown of the
$30,000 so that I have something to take to the lawyer on the 28th?

Debra Thal (username) :

NO.

Debra Thal (username) :

I don't think you should communicate at all.

Debra Thal (username) :

Don't give credence to anything being said.

Debra Thal (username) :

Just say you are passing this off to your lawyer.

Debra Thal (username) :

And you can post as much as you need to so you don't have to worry about
additional costs on this site. But you do have to click accept each time or I
won't be paid!

Debra Thal (username) :

Someone just dropped by and I have to take a break for a short while. I am sorry
She is half an hour early. I will get back to you as soon as I am done.

Customer:

I want you to get paid...I appreciate your candid responses, and you make me
feel stronger when you reply to me....I will send a letter today by courier
again specific to the date of my appointment only.

Debra Thal (username) :

I am so sorry. I had a meeting scheduled for 9:30 and never thought I would not
be finished in time so I started the chat.

Debra Thal (username) :

If you need me let me know.

Debra Thal (username) :

If not please click accept.

Debra Thal (username) :

Thanks

Hello Debra, I received a letter from my ex partners lawyer…

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