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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 10477
Experience:  Solicitor
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On the late september 2016. I arrange to visit a solicator

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On the late september 2016. I arrange to visit a solicator regarding a personal matter. I was told I would have my first consultation free.
After 25 minute I left, the next day I recieve a document they solicator had draft (unknown to me, and without my consent or instruction.) and a invoice of £480.
I never signed anything or agreed of this solicator to do any work of me.
Also all letter I had recieved from them had my name mispelled. (example HOWSE not HOWES.)
I have been away backpacking for six months and return two weeks ago to discover the solicator has taken my under a mispelled name to small claims court, I now have a debt collecting company spending my letters (under a mispelled name.)
should I go and apply for the ruling to be set aside, or do I just ignore the issue as all documents are in a mispelled name ?
Customer: replied 1 year ago.
The solicator informed my (the letter.) that the reason they drafted the document without informing me was due to the urgency of the situation.

Hello my name is ***** ***** I will help yo with this.

Just to be clear, you have not signed any terms of business?

Customer: replied 1 year ago.
Absolutely and totally signed nothing, they didn't even take my details or copy any of my documents. (hence the reason they have mispelled my name.)

Then you are not liable.

You are only bound if a contract has been signed.

You do not have to pay anything. Indeed its against the SRA rules to do work without having sent a terms document.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
I know this already, My question is do I apply to get the judgement set aside, or do I just ignore all mispelled letters and return them to sender as I am not liable.

I didnt realise you had already got Judgment.

Yes you can apply to set aside using form N244:

You will also need to show that you have a defence to the claim (which you have) and that you acted promptly when you found out.

There is a Court fee of £255 to pay unless you are entitled to fee remission

Does that clarify?

Customer: replied 1 year ago.
Okay. cheers ***** ***** fill in the form, also once (if) the claim is set aside is it worth going to the legal ombudsman with a complaint ?

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

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