The Trinidad and Tobago Housing Development Corporation (HDC) says the letter sent to its Managing Director by the lawyer of a resident of Ramjattan Trace, La Horquetta, is not a pre-action protocol letter.
In a statement on Monday afternoon, HDC said:
"Upon thorough review, by HDC’s Legal Counsel, it has been determined that the letter does not comply with the requirements set out in the Consolidated Civil Proceedings Rules 2016, particularly the Pre-Action Protocols issued under Part 4 of the Civil Proceedings Rules 1998 (as amended)."
Guardian Media reported on Monday that Ann Marie Leplatte, through her attorney Brian Baig, sent pre-action protocol letters to both the Housing Development Corporation (HDC) and the Commissioner of State Lands, Paula Drakes, requesting proof that they had the authority to destroy her home and belongings.
The HDC refuted "the unreasonable demand" for it to provide a written response addressing substantive issues within 24 hours.
It said, according to Clause 4.4 of the Pre-Action Protocols, the HDC is permitted a period of seven (7) days from receipt of such correspondence to respond adequately.
"This provision exists to ensure that a party has sufficient time to seek legal advice and provide informed instructions," the statement said.
It went further:
"Additionally, the claims set out in the letter fail to establish a legally recognised cause of action. The allegations of wrongdoing, including assertions of trespass and adverse possession, lack any evidentiary or legal foundation against the HDC. The assertion that a home was demolished by individuals “operating upon the instructions of persons wearing clothing with the letters ‘HDC’,” is unsubstantiated and categorically denied.”
“HDC did not issue, nor was it in a position to issue, any such directive to the Commissioner of State Lands to demolish any structure," the state body asserted.
