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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10105
Experience:  30 years as a practising solicitor.
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4 years ago I saw a private counsellor . He disappeared

Customer Question

4 years ago I saw a private counsellor for depression. He disappeared and never got back in contact with me. Today he got in contact saying his accountants have noticed I owe him £300 I don't think that that is correct.it was so long ago I don't have any records or old diarys from that period and this is the first he has told me I owe him any monies in this time
Submitted: 9 months ago.
Category: Scots Law
Customer: replied 9 months ago.
I suspect he is trying to grab money that is not due to him but I am unsure how I can prove this or what defense I would have if taken to court etc? He has alleged there was a £150 payment outstanding and then 2 smaller payments of £50 outstanding and finally two payments of £50 for sessions he says I didn't attend. I have no records of these and no way of assessing if his records or genuine. He says he dodnt ask for the money before as he "doesn't like hassling people" but his accountant is now hassling him.
Expert:  JGM replied 9 months ago.
Thanks for your question. It's not for you to prove that you don't owe him. It's for him to prove that he gave the sessions and that you didn't pay or alternatively didn't turn up. He should be providing you with dates and a note of what was discussed at the sessions, in other words what service he provided at each session. In Scotland a debt prescribes and becomes time barred after 5 years if you don't acknowledge it or if court proceedings aren't raised within the 5 year period. So the debt, if owed, is still live, but it is for him to prove that the debt is due.
Customer: replied 9 months ago.
I'm worried that he could fabricate notes etc trying to prove he saw me. He never made any notes during our consultations.
Expert:  JGM replied 9 months ago.
I'm afraid you can't legislate for that. If he made no notes he would have to come up with diary entries.
Customer: replied 9 months ago.
So essentially there is no way I can defend against this?
Expert:  JGM replied 9 months ago.
It depends on what evidence is presented. His say so is unlikely to be enough. A court would expect some form of credible record keeping.
Customer: replied 9 months ago.
So what should my next step be? Is it reasonable to ask to see his records?
Expert:  JGM replied 9 months ago.
As he doesn't want to hassle you, you might want to say that the letter looking for money after all this time has caused you upset and distress and you would rather he didn't contact you again.
Customer: replied 9 months ago.
He has contacted me via What's app, not a letter
Expert:  JGM replied 9 months ago.
Well I would ignore it. He's hardly professional doing that.
Expert:  JGM replied 9 months ago.
Let me know if I can help you further with this. Can you also remember to leave a positive feedback on the system so that the site credits me for my time. Thanks for using JustAnswer.

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