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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Following a court case in which mine and my business partners

Resolved Question:

Following a court case in which mine and my business partners relationship broke down, we fought it out in the court and eventually I lost some of that case. As such the legal fees were awarded against me (approximately £40k).
I did not have the money to pay and also as I am angry do not want to pay. However, the other party took me to the county court to try to enforce those fees and they informed the judge that I owned 3 residential properties, none have been completely paid off but all are part paid and on mortgage.
The judge put a security on the properties, i.e. that when if and when they do get sold then the other party would be able to have their fees first from the sale of any of these properties.
The judge was very explicit in his words where when asked, he stated "don't worry this is not a demand for payment and is only a security, i.e. that they will have an interest on the property when it sells, and the reason that he is doing this is because they are saying that they have never received any payments for any legal fees, so it is to protect their fees. And that you do not have to pay them until such time that any of these properties listed sells, then you will have to pay them their fees from the sale of any of these properties."
However, despite that and a year on, the solicitors for the other party have sent a letter stating that they are going to try to obtain an Order for Sale for my properties and have obtained a court hearing for an Order for Sale on the 9th September.
Please advise what I can do to stop this.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
What is it you would like to know, how to stop it? Just to be clear the charging order is on the back of a Court order for costs?
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

yes

Customer: replied 2 years ago.

Hi,

My mobile number is ***** follows:

07904 676934

My email address is:


***@******.***
Expert:  Ash replied 2 years ago.
Sadly its bad news I am afraid. There is a valid CCJ, that means they are entitled to secure it with a charging order. If you dont pay the charging order they are entitled to apply to the Court to enforce it for sale. However you can apply to suspend the enforcement action.
But sadly though if there is a CCJ for £40k costs, then that needs to be paid and you can't stop them enforcing it. If you have property then can apply to sell it regardless of what you have been told. However a Judge still has discretion.
Ie if the debt is small compared to the actual value, the Judge wont order a sale. But if its £40 and say the property is £100k the Judge is likely to order a sale.
Does that clarify?
Alex
Customer: replied 2 years ago.

Hi,

I paid an extra £35 for a telephone discussion. However, your written answer has clarified the situation.

As such the telephone conversation is not required, please can you arrange the refund of that.

Kidn regards

Expert:  Ash replied 2 years ago.
Sure.
Alex
Customer: replied 2 years ago.

Hi,

Please can you resend the payment, so that I can give you feedback and conclude this communication.

Expert:  Ash replied 2 years ago.
Feedback has been given. I have referred it to moderator so can process the refund. As an expert I can only see questions.
Alex
Customer: replied 2 years ago.

I'm not happy about the fact that you offered to discuss on the phone and request a further fee when you had no requirement for and the standard email response was only utilised.

As such I have requested the return of my fee which you have agreed, however, a day later I still have not received it, therefore I am dissatisfied with this service.

Expert:  Ash replied 2 years ago.
I have referred it to the category moderator. As an expert I have no access to billing.
I can call you to discuss your answer if you wish?
Alex
Customer: replied 2 years ago.

I am appalled at your behaviour, I.e. perpetrating to want to discuss on the phone so that you could obtain a greater fee and from the offset not having any intention to do so.

As my fee has still not been returned, I will now make a complaint to Just Answer and also report the fee to paypal as fraudulently obtained and despite agreeing to do so, not returned.