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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I wrote 2 letters to a firm of solicitors because they owed

Customer Question

I wrote 2 letters to a firm of solicitors because they owed me an amount of £814. I threatened to issue after 14 days. I duly issued only to discover, after issue, that they had sent me an email asking for additional information i.e. my correct address. They had replied but to a previous address and not the address on my 2 letters. They are now defending my proceedings stating premature issue. Was I obliged to reply to their email, even if I had seen it?
Submitted: 6 months ago.
Category: Law
Expert:  Ash replied 6 months ago.
Hello my name is ***** ***** I will help you with this.What is the debt for please?Alex
Customer: replied 6 months ago.
I carried out some work for the solicitors. I agreed to accept payment when the solicitors were paid. I know that payment was received by them some time ago. They have failed to pay 3 invoices totalling £814.00. They have suggested that they might be willing to pay the debt but without interest or court fees (initial court fee and hearing fee). Matter now listed for small claims hearing in August 2016. They state that I deliberately ignored their email, asking for my address, and issued. This is despite the fact that they had 2 letters which clearly showed my postal address.
Expert:  Ash replied 6 months ago.
You need to write and set out your losses and request payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
Customer: replied 6 months ago.
With respect, I don't think that you have read my message. I have already issued proceedings and the matter is listed for a small claims hearing. The problem I have is that, prior to me issuing, the solicitors had written to me by email asking for details of my correct address. They already had my address because I had written to them twice. I did not access the email until after I had issued and I am now being accused of deliberately ignoring the email. My question is - even if I had seen the email prior to issue, was I obliged to respond?
Expert:  Ash replied 6 months ago.
Sorry I read you had threatened to issue. No. This is because its a small claim, you dont have to respond.Indeed there is nothing in law which states you must respond.Can I clarify anything for you about this?Alex
Customer: replied 6 months ago.
Thank you for your response
Expert:  Ash replied 6 months ago.
Can I clarify anything else for you? I have also had to sue a firm of Sols for unpaid fees too!Alex

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