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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11427
Experience:  30 years as a practising solicitor.
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Property 2 Ltd v You Property 2 are the (ineffectual) factors

Resolved Question:

Property 2 Ltd v You
Property 2 are the (ineffectual) factors for my estate. I am disputing the level of fees they say that I am due them because they haven't done half the work they say that they have. They have undertaken no repair or maintenance works over the last 4 years. I have had to maintain the communal gardens myself at my own expense. This is the 3rd hearing by the sheriff court to determine the case and my counter claim. Property2 's legal reps didn't turn up at court last time and today 25th I have received a letter from them stating that "having regard to the economics of conducting an evidential hearing and given the ongoing relationship between you and our clients they would be prepared to dismiss the action on a no expenses basis and to take steps to resolve matters with you direct". Do you think it would be prudent to accept this offer or go ahead with the proof hearing tomorrow and let the sheriff decide?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
They are clearly concerned. However if this is a small claim there is a limit of £150 on expenses anyway.
I would agree, subject to them agreeing to decree of absolvitor in your favour rather than decree of dismissal. Absolvitor means they can never reraise the same claim against you. With dismissal they can.
The case will have to call in court before the sheriff anyway because of this last minute offer.
I hope this helps. Please leave a positive response so that I am credited for my time.
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Customer: replied 2 years ago.

Will I be charged twice for the same advice £46 or £26. I agree to pay the £26 not the other £46. Is this agreeable?

Expert:  JGM replied 2 years ago.
Close one of the threads and accept the other.