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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 778
Experience:  Solicitor with over 15 years experience.
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Can you take a company of Accountants to court (Small Claims)

Customer Question

Can you take a company of Accountants to court (Small Claims) for a mistake (Monthly costing £1677.61) where they misallocating for payment into a Creditors Fund £150,000 owed to a Secured Creditor (Who had confirmed they did not wish to participate in the CVA Fund) Only to claim back the First Month of the wrongly charged (£1677.61 plus interest and court fee) in order to obtain a verdict (Guilty 1 months overcharges).
The objective then to use the Guilty Month 1 verdict to bring Cases regarding the following 39 months overcharges off £1,677.61 (Either on a one per month individual case) or as one case incorporating 39 months of overcharging at £1,677.61p (Total £65426.79p)
The defendants solicitor has offered a settlement of £2,000 which has been rejected on the basis that I sign "Not to Take the Clients to court again" which has been rejected.
The defendants Solicitor is now saying that "Although my case is being brought for repayment of overcharges for a specific month" The court will NOT allow any case brought for another Month or Months to be allowed.
Is This standard court procedure and can a Court actually stop me using what I envisaged as a "Precedent of Guilty Month 1) being the basis of actually recouping the real amount of damages caused by the Accountants failure to rectify their mistake for three and a half years.
Please help
I am now a retired pensioner with little money and unless there is a Solicitor willing to take on the full case including suing the accountants for "Invoicing themselves at their own address (Without copying me) for ""Services"" over a period of 4 years Totalling £79,256.32 and then paying themselves by removing funds from the CVA Fund and also taking up the position of "Liquidator" within 3 months of being denied their application in a winding up procedure by "Judge Birchall" (Norwich) on a No Win No Fee Basis I shall have to resort to my month by month case plan If it is possible.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help you with this.

JACUSTOMER-Customer- :

Is this where I type any sub questions

LondonlawyerJ :

The courts will not like it if you are trying to bring a large claim disguised as a large number of small claims. I think you are mistakenly using the small claims procedure when you should be in the County Court proper. The total claim appears to be quite large ( 39 x £1677). You are alleging either negligence or misconduct by a professional. That is a type of case that is often funded by a no win no fee agreement. I would suggest you get legal advice quickly. If you have actually issued proceedings then you are at risk that their solicitors will manouvre you into a bad position and possibly allege an abuse of process and get you claim stayed.

LondonlawyerJ :

Follow tish link to find an appropriate lawyer in your area http://solicitors.lawsociety.org.uk/.

LondonlawyerJ :

Yes you typed in the right place.

JACUSTOMER-Customer- :

I mistakenly believed that the process I was going through was the county court process

JACUSTOMER-Customer- :

How do I go direct to the county court to put the case

LondonlawyerJ :

It is but you are in the small claims court I think. Your claim is worth well in excess of the small claims limit (it should not be viewed as a series of separate small claims but as one course of negligent/bad faith action).

JACUSTOMER-Customer- :

Must I have a solicitor to bring a case in county court

LondonlawyerJ :

It is not easy to bring a case of this nature as a lay person and as I say no win no fee is often available for this type of case. Most firms will do a one off free appointment to see if a case is worth taking on as a no win no fee case. When did the acts you complain of take place? Are there any limitation issues?

JACUSTOMER-Customer- :

I was only made aware by the The Insolvancy service Itself that A Bank or other Secured Creditor CANNOT be bound to the CVA unless they Specifically agree to be bound to the CVA

JACUSTOMER-Customer- :

There are therefore no Limitation Issues.

JACUSTOMER-Customer- :

I followed the procedures for bringing a County Court on the Justice website.

LondonlawyerJ :

OK. I need to go away from this site for a while but will answer later.

JACUSTOMER-Customer- :

Thanks for your advice so far.

LondonlawyerJ :

You don't have to have a solicitor but you have a much better chance of success if you do. Your idea to issue lots of small claims - with the 1ss as a sort of test case is very clever but not one that a court is likely allow you to do. You should get professional help with this before you are tricked by the other side.

JACUSTOMER-Customer- :

My idea is that if I get the first claim in my favour then I can basically bring a Claim for 4 Months Just under £10000 claim.
The next claim would be for £34 months which will be about £80,000.

LondonlawyerJ :

I think there is a real risk that if you did this then the other side would argue that you were misusing the courts procedures and would seek to stay you claim r have it moved out of the small claims track. I also thing the court will be likely to agree with them. If this happens there will be costs implications for you.

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