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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a case with a Solicitors firm with regards XXXXX XXXXX

Resolved Question:

I have a case with a Solicitor's firm with regards XXXXX XXXXX charges. According to me and a Costs Draftsman that I asked advice from I have not received a final bill from them, however they have sued me for not paying their charges. According to the Costs Draftsman you cannot sue on an interim bills and after having looked at all my bills none of them are final bills. I asked for their bill to be broken down in detail, but they never gave me full detail, instead they sued me.

We are currently in the court process and so far I put my defence in which they tried to strike out because initially I just filed a defence to get it in on time, but as a layperson had to do much research and needed help to put in a proper defence. This took me a number of months in which time the solicitor applied to the court to strike out my defence.

A hearing for the directions was meant to be held in August, but this was postponed to be heard together at the strike out hearing last month. In this time I managed to put in a defence with some help, but I also put in a counterclaim as I felt that the firm had been negligent.

When I attended the hearing the Judge heard the Strike of out my defence first, but said because my amended defence was good now she could not strike it out. However she awarded the solicitors costs for their work for the strike out hearing which was an obnoxious amount. (Over £10 000) In the hearing she did not listen to me or barely let me speak or explain myself. Instead she discussed dates for the directions with the other side and gave me very little time to do anything. She told me to re-submit my defence and counterclaim because even though it was better the counterclaim was not good enough.

I did not know you can put in an appeal at the hearing, so after the hearing I went to the court and applied to have an appeal. I have now received the date for the appeal to be heard which is in January, but since I got this order the Claimant has sent me a Statutory Demand saying they are going to serve it soon properly. Can they do this? When I spoke to the court staff they said everything is on hold until the permission for appeal is heard. Do the dates for direction of the original hearing last month apply for filing and serving documents or are all they on hold until the hearing for the appeal?

The reason for my appeal is because the Judge did not make an order to Strike out my defence, but she still awarded them costs. This is not consistent. Also she did not take into consideration my Religious holiday, but she took into consideration the holiday for Christmas when decided direction dates. Furthermore I needed more time as I am a litigant in person and do not know the law and needed more time to back up my defence with points of law.

I am very concerned as I think I have either made a mistake not to follow the directions from the hearing from last month or that the solicitors are trying to scare me. Could you please give me your opinion on this. Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX 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.
Alex Watts : When you filled in the form to appeal did you also ask for a stay on enforcement please?
Customer:

I am unsure, I don't think so, the court helped me fill it out.

Alex Watts :

In that case they they can enforce it pending appeal.

Alex Watts :

You needed to have asked for a stay on enforcement pending consideration.

Alex Watts :

But in reality you can apply to set aside the statutory demand which you need to do within 18 days.

Alex Watts :

Once you apply to set it aside, that halts that process. Then if there is a statutory demand hearing you should know by then whether your appeal has been successful - if not then you will have to pay the debt, if it has been then you will not.

Alex Watts :

But you should apply to set it aside asap

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Can I amend an appeal application?

Customer:

1) Currently there is only a warning that a statutory demand will be issued, is it too late to amend the appeal and asked for a stay on enforcement pending consideration?

2) If it is too late, how do I set aside a Statutory Demand (what form do I need?)

Alex Watts : 1) If it has not been submitted to the Judge the court may let you amend, but generally once it goes in, it is as is.
Alex Watts : 2) http://webarchive.nationalarchives.gov.uk/+/http://www.insolvency.gov.uk/pdfs/forms/6-4.pdf
Customer:

How would I ask the judge to amend the appeal application, is their a specific form for this?

Alex Watts : No, you just write in,
Alex Watts : Hope this helps.
Customer:

Hi thank you for your help before. I have another question regarding this to ask

Customer:

I had a date to serve disclosure by to the claimant, but I had nothing else to disclose as I was relying on their file and the documents I had already disclosed in my defence. Is it acceptable that I just wrote to them a few days before I was ordered to serve disclosure to tell them that I have nothing to disclose? They have said I haven't kept to the order even though I wrote to them and told them I had nothing else to disclose? I have written to them to remind them of this letter as they have now put in an application to strike off my defence on the basis that I have not complied with the order for disclosure. What is the best thing for me to do or say to them?

Customer:

Did I do the correct thing to address me not submitting disclosure?

Customer:

hello?

Ash and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

hello?


 

Expert:  Ash replied 3 years ago.
Sorry for the delay, I have been in Court today.

I think I have responded to this on your other thread, so if you need more help, please do let me know and I would be happy to assist.

Alex