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NewExpertAS4920
NewExpertAS4920, Solicitor
Category: Law
Satisfied Customers: 384
Experience:  Experience in Litigation, Property, Family and Employment Law matters
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I have received a threat from a solicitor, who was also a

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I have received a threat from a solicitor, who was also a family friend. He is demanding payment from me for work done, however at no point has he ever given me an indication of fees or terms of business. I feel I am being bullied
JA: Where are you? It matters because laws vary by location.
Customer: Wales
JA: What steps have you taken so far?
Customer: I have made a without prejudice offer against his demands but he has refused and is now seeking court action
JA: Anything else you want the Lawyer to know before I connect you?
Customer: He has also taken personal loans from me
Hi! I am Anu, a qualified solicitor in England and Wales. I will be assisting you with your query today. I may need to ask a few questions before I can address your query.Please bear in mind this is a chat service and there maybe delays in responding due to assisting other customers.
Has the solicitor explained and documented on what basis he is demanding payment?
Customer: replied 1 year ago.
He has provided a summary for work he has done for me followed by a demand of payment
Customer: replied 1 year ago.
He is also a director of a newly formed company with myself and another director, he has also awarded himself 20% shares in the company without our understanding of how. He is a non exec director and is now demanding money from the company also
Considering you have agreed to his charges and there was to contract or evidence that you have agreed to his charges he is unlikely to win any legal action
Customer: replied 1 year ago.
I haven't agreed to his charges?
My apologies there was a typing error. Considering you have Not agreed to his charges and there have never been a contract or any evidence where you agreed to his charges then he is unlikely to win any legal action.
Customer: replied 1 year ago.
sorry, ok thank you. Did you also see the company issue with him also I mentioned
With regard to the company issue you and the other director could joint vote to remove him. And could potentially pursue him for fraud should you wish.
Customer: replied 1 year ago.
He is saying that we agreed to the allotment of his share allocation, which again I feel I have been mis lead, however my naivety on not understanding makes me feel in a vulnerable position where a court could say I should have known this, if I did pursue a fraudulent action against him
Ask him to pride evident of your agreement. If there is no evidence then it will work in your favour. Also what is the other directors position on this?
If the other director agrees you both could vote to remove him as the director of the company. Of course so check the company's articles
Customer: replied 1 year ago.
He is holding all company documentation on a lien at the moment until we pay him money
Customer: replied 1 year ago.
The other director is fuming, but I feel responsible as the solicitor has been a family friend and I introduced him to the other director
Customer: replied 1 year ago.
Hi are you still leasing?
Customer: replied 1 year ago.
liasing
Customer: replied 1 year ago.
If you are not there is someone else available?
I'm here. Please bear with me as I am helping other customers too.
Customer: replied 1 year ago.
ok sorry this is the first time I have used this service
The best option forward is to try and come to an agreement with this solicitor. If this fails you should instruct a firm of solicitor who would issue him with a letter before action on the basis of mispresentation and fraud. Of course the solicitor will first assess your case together will any supporting documents before proceeding.
It is best if you could come to an arrangement as litigation and legal costs can get quite expensive
Customer: replied 1 year ago.
I have tried this of course and he is refusing unless I pay him his demands. I feel like making a referral to the SRA as it stands
You can indeed do that too (or at least threathen him of your intentions in order to encourage an agreement). You would need to raise a compliant with the legal ombudsman. Please see the below link for further information on how to complain about a solicitor:
https://www.lawsociety.org.uk/for-the-public/using-a-solicitor/complain-about-a-solicitor/
Customer: replied 1 year ago.
ok finally before I go. Please can you share any advice relating to him being able to withhold company documentation on a lien from the other directors. And finally any advice on my position with unreturned loans he has taken from me? Is this also frowned upon with the SRA?
He has no right to withold company documents from other directors.
With regards ***** ***** loans (provided they were loans and not gifts) you should write to him demanding repayment. If this is not forthcoming you can pursue him as an outstanding debt via the small claims court.
But as stated above, litigation can be expensive so you may want offset some payments and come to an agreement.
Customer: replied 1 year ago.
I have text messages to him stating money that I have given him are personal loans
That's great. Make ensure you retain evidence of all your demands of repayment.
Customer: replied 1 year ago.
thank you for your help
No problem at all. Please kindly accept my answer and give me a 5* rating. Best wishes
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