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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3497
Experience:  Solicitors 2 years plus PQE
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in 2001 I sold my house in Woolston to go to live in France.

Customer Question

in 2001 I sold my house in Woolston to go to live in France. On the day of completion I discovered I had been paid to much by my solicitor. I went back to her office and pointed out her mistake and gave her a cheque. she later said we needed to pay more and our bank manager set up a savings account into which we transferred some money and signed a release form so he could settle what was owed. on arrival in france we had notification of the injunction. later a letter of apology from the head of the solicitors to say the lady solicitor had panicked. we assumed all was ok and gave it no further thought .My husband died oct 9 2013 and I have come to England only to find the injunction still in place I have no paperwork after all this time and have nowhere to start. what can I do? the bank account is frozen

Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

Do you have a court order or court number for the injunction?

Is the injunction registered against just one bank account? Is that why the issue has never come up before?

Kind regards

AJ
Customer: replied 3 years ago.

No I don't have a court number as I said all paperwork from 2001 has gone, I no longer have it. the order is only against the one account. The money was put aside as an emergency fund and has not been touched for some years, the strange thing is that I managed to get funds from there in April of this year to pay for some building work with no problem.

Customer: replied 3 years ago.
Relist: Other.
I was only asked another question no solution or suggestion of what action to take was given. I need to know how to proceed in finding out the name of the party who served the injunction
Expert:  Ash replied 3 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Do you know in which court it was made? Have the bank any details ?

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your response.

There are three grounds upon which you can apply to court to have a charging order discharged. These are:
- The applicant has not complied with its undertakings.
- The order is oppressive.
- There has been inordinate delay by the applicant.
- There is no risk of dissipation of the assets.
- The applicant should have give prior notice to the respondent.
- The Order is oppressive.

In order to make this application you must have a claim. The bank knows this account is frozen, therefore they must have a copy of the freezing order and proceedings?

Have you asked the bank for the details of the injunction?

As the Claimant (i.e the solicitor) no longer exists there are no grounds for this injunction to continue.

I look forward to hearing from you.

Kind regards

AJ

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