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leanne-jones
leanne-jones, Barrister
Category: Bankruptcy Law
Satisfied Customers: 183
Experience:  Barrister
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Hello, I take a solicitor to help me to get my money from

Customer Question

Hello,

I take a solicitor to help me to get my money from the person I worked for (about 5 years ago) and didn't get paid till now. However I feel that my case is not dealt properly eg. 2 months ago I had a meeting with my solocitor and agreed that he will apply to court for substituted service of petition of bancruptcy by the way of e-mail. The debtor moved to Canada early this year but he still has a house which he is trying to sell. Hearing in court was listed for 2nd of July. However this week solicitor informed me that he couldn't serve the petition as debtor no longer resides at the address where he previously lived and that he will have to apply for substituted service of petition of bancruptcy by way of e-mail. I thought that this was done after the meeting two months ago. Earlier similar situation take a place but I said nothing. In my opinion case is not moving forward, solicitor is not doing things that he saild he will do. This delay legal proces. Time is very important in this case because when the debtor sell the house I will never get my money back. This was mentioned to the solicitor many times. I feel that I should tell my solicitor that I'm not happy about how he deals my case and becaouse of his negligence I can lose the case. Hovewer I'm worry that if I do so it can impact his further work to my disadvantage. I would appreciate advice on what I should do? What are my rights/what I can demand from solicitor? And finally, please let me know whether petition of bancruptcy is served at the same time to debtor and court or does the petition of bancruptcy need to be approved by court before serving. If it does require court approval then how long does it take?
Please excuse me my poor english
Thank you in advance for your help
Alicja
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  leanne-jones replied 4 years ago.
Hello - my name is XXXXX XXXXX it will be my pleasure to assist you today.

How much is owing?
Customer: replied 4 years ago.

about 28K


 

Expert:  leanne-jones replied 4 years ago.
Thank you. Have you complained to the solicitors firm yet?
Customer: replied 4 years ago.

As I mentioned in my previous e-mail no, I haven't.

Expert:  leanne-jones replied 4 years ago.
Thanks. What you need to do is write and complain to the managing partner. This is the person who is a lawyer and is designated to deal with complaints. They will investigate the complaint and write back to you with a response. If you are still not happy then at that point you can complain to the regulator. They are found at www.sra.org.uk - but they will have expected you to complain to the firm first.

To answer your other questions, the court had to seal a bankruptcy petition yes. It does not need to be approved but sealed. A court will review the petition, insert a hearing date and stamp it with the court seal. This means it is a valid petition. The petition will then be returned to the petitioner to be served on the debtor.

But take the steps above by complaining to the partner and then the solicitors regulation authority and that should resolve matters for you.


I hope this answers your question and if I can be of any further assistance please do not hesitate to contact me.

Customer: replied 4 years ago.

Thank you.


 


My concern is what will happen with my case if I complain to the solicitors firm. I'm worry that solicitor might not deal with my case with due diligence or that he will say that he will no longer represent me. That would mean for me further delay and incure additional cost for new solicitor. In worst case scenerial I might not get the money if the debtor sell the house before hearing in court.


What is your opinion on the aboove?


 


How long does it take in court to seal a bankruptcy petition?


 


 


Thank you in advance for your help


 

Expert:  leanne-jones replied 4 years ago.
The thing is they can not use the complaint not to act for you properly. If they do this then they would be negligent and you could sue them. They can say they wont represent you but not because of the complaint - again this would be cause to complain to the SRA.

I would complain to the Managing Partner and see what happens then. The Court time varies Court by Court and how much they have. For example, Birmingham would take 2-3 weeks while another County Court may do it on a day or two. Best thing is to ring the local Court and ask.

I hope this answers your question and if I can be of any further help please do not hesitate to contact me.

Customer: replied 4 years ago.

Hello,


 


Thank you for your e-mail.


Sorry I didn't reply to you earlier.


 


I have one final question: how does complain to SRA affect solicitor career? What complain to SRA mean for solicitor?


 


Thank you

Expert:  leanne-jones replied 4 years ago.
It depends. They could just warn or reprimand the Solicitor. Or if it is very serious it could go to a Tribunal for a decision.

I hope this answers your question and if I can be of any further assistance please do not hesitate to contact me.


leanne-jones and other Bankruptcy Law Specialists are ready to help you
Expert:  leanne-jones replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?


Leanne
Customer: replied 4 years ago.

Hi Leanne,


 


Thanks for your e-mail.


 


Well, not to good. Can I ask what is the procedure of serving the petition of bankruptcy to a debtor who moved to Canada? Additionally I don't know his address. Is it possible at all?


 


Regards


Alicja

Expert:  leanne-jones replied 4 years ago.
Thanks. Then that is a problem, because you really need to personally serve.

You can serve at the last known address and ask the Court to dispense with the need for personal service. But you must do everything reasonably possible to bring it to their attention.

If they have moved away, this is a real problem.

Customer: replied 4 years ago.

So is the a procedure of serving the petition of bankruptcy to a debtor who moved to Canada? Is it possible at all?

Expert:  leanne-jones replied 4 years ago.
Do they have assets in the uk?
Customer: replied 4 years ago.


A house which he put on the market and trying to sell

Expert:  leanne-jones replied 4 years ago.
I see. You may need to apply to the court to dispense with service, as it should be personally served.

You need to make an application to say to the court why.