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Joshua
Joshua, Lawyer
Category: Bankruptcy Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Thank you prompt and helpful reply.Maybe you could

Customer Question

Thank you for yor prompt and helpful reply.Maybe you could give me a little
morehelp, instead of going back to the court my solicitor has decided to ring halifax
solicitors Secretary instead. At this moment in timemy loan account is now paid in full
as I have been overpaying for almost 5 years £500 per year.I this rang halifax to check that
I am not ment to paying insurance informed no insurance or intrestmrate change have done
this several times but will still keep paying until matter is settled I have paid my solicitor
£14k already and to take to court will mean I have to sell buisness surely this is wrong,
But these incorrect defaults have destroyed my buisness any idea's I have none
Solicitors told me specialist in this field hadnto explain credit report anything will be helpful
Many thanks Bernard tony Dermody
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. I will be very pleased to try to assist. How may I assist specifically - do you want me to address the solicitors charges you have incurred or suggest alternatives that could (have been) be pursued?
Customer: replied 2 years ago.

How I can bring this to an end the judge and both parties agreed the matter was crying out for settlement , should I make solictor notify the ocourt that halifax have failed to comply.At the moment I want to buy a property (btl) but I probably wont get a mortage, so I am in no mans land

Many thanks

Expert:  Joshua replied 2 years ago.
To my mind the matter could originally or still could be pursued with the Financial Ombudsman without cost to you providing your business is a small business however there may have been good reasons why you decided to pursue the matter through the courts rather than the ombudsman service and you may have already discussed this with your solicitor.In terms of how to proceed from here, if you decide not to proceed with the ombudsman as a means of alternative dispute resolution - and it is true that at this stage starting a process with the ombudsman is likely to take longer than resolving the matter in court, though the ombudsman is without cost to you and you can still proceed in court if you do not agree with the decision - then initially I would be tempted to be contacting the Halifax and refer them to the direction and ask if they propose to comply with it. If they do not respond or do not respond in a positive manner, then it is a question of applying to the court for further directions and potentially an Unless Order and requesting a hearing date. You will presumably as part of your application at this stage wish to attempt to recover costs. You can either do so as part of the consent order - an agreement between you and the Halifax which youa re both prepared to agree which is then sealed and made a binding order by the court - or at a hearing. It seems whichever approach you decide to take you need at this stage to push things on to the next step as above in order that you can get a decision on the default notices. If Halifax is not prepared to cooperate then you have little choice but to proceed with either with the Ombudsman or towards a hearing as above. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
Joshua, Lawyer
Category: Bankruptcy Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.

This has been going 2 year's

Expert:  Joshua replied 2 years ago.
That seems an awfully long time. If your solicitor has been instrumental in allowing the matter to take so long you may wish to question the advice he has provided you. Though you may wish to delay this until you obtain a decision. If you wish to do so you can complain to the solicitor and if not satisifed, complain to the Legal Ombdsman free of charge.http://www.legalombudsman.org.uk/helping-the-public/#making-complaint
Customer: replied 2 years ago.

how expensive to serve an unless order

thank you again B Dermody (tony)

Expert:  Joshua replied 2 years ago.
There is no cost. The court does this on its own volition as part of its case management powers
Customer: replied 1 year ago.

I have been offered a settlement which I have turned the reason part of the settlement was to write of a loan that is already paid which I am sure they will realise in time, my question is my solicitor has used a large sum of money preparing prophit and losses whick now look

to have no bearing on the case of the defaults could this be right, thank you Bernard (tony)


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