Wrongly ordered to court by Shoosmith Solicitors

[djsonny]

Hi

 

This is my first post on this forum, I'm hoping someone may be able to help me out a little... Here goes.. I'll try to summarise!

 

My mother and father were involved in a bankruptcy many years ago.

 

£50k paid off all the outstanding debts (they thought)

 

NatWest (one of the creditors) still chasing around £6k

 

Parents receive a letter from Shoosmiths (representing Natwest) asking for £40k - parents know nothing about this and get really worried, taking time off work, making me take time off.

 

Then a CCJ to be heard at Northampton Bulk Centre.

 

Tried seeking free legal advice as they couldnt afford to pay for it.

 

I took time off work, saw a solicitor, called shoosmiths, started preparing a defence, shoosmiths didnt want to talk.

 

Then two weeks later they write back saying we made a mistake.

 

Can I complain/ gain compensation for the loss of earnings and the money paid out to the solicitor?

[Conniff]

Can you just clarify Sonny. Mum and Dad are being chased by Natwest through Shoosmiths solicitors and you went to Shoosmiths solicitors for help in preparing a defence?

[Bookworm]

I think he says he called them (on the phone), not that he saw a solicitor called Shoosmiths.

 

And in answer, yes, you should claim for your expenses, and also get in writing from Shoosmiths that they have discontinued the claim, as the last thing you want is for them to forget and your parents will then get a CCJ in default because of S's incompetence.

 

I'd write to them demanding proof that they have discontinued the claim with a breakdown of your expenses and asking them to reimburse you in full within 14 days.

[djsonny]

Bookworm is right,

 

I called Shoosmiths on the phone but saw a local solicitor to prepare a defence.

 

I asked for confirmation in writing they took over a week to send a letter out, the date I finally received it was about 2 days before the date that the defense had to be into the court by.

 

Would it be Shoosmiths I'd ask to reimburse me or would it be Natwest that would actually pay out?

 

Thanks for your help by the way!

[Bookworm]

Write to Shoosmiths and say that due to the action by them on behalf of Natwest... and let them work out whether it was their mistake or Natwest's and who should carry the can, that's not your problem. ;-)

[davethorp]

And of course if they don't pay prepare for the satisfaction and irony of filing a claim against them

[djsonny]

How would I file a case against them?

 

Could I do it myself? or would I have to go to a solicitor to prepare it for me?

 

Within the letter do I have to give a figure as to how much I would like to be reimbursed? I take it I wouldn't have to give a breakdown in the initial letter to say how I got to the figure as they didnt send me a breakdown to say how the hell we owed their client £40k odd!!!

[djsonny]

should I use 'without prejudice' in the letter?

[Bookworm]

No.

[onlynameleft]

Surely if proceedings have been issued and subsequently discontinued you are entitled to your costs as of right. There is no need for a new claim; write to Shoosmiths inviting them to settle or you will take it up with the court.

I agree with Bookworm; it is not your problem whose fault it was. Natwest are primarily liable as the proceedings were issued on their behalf. If the mistake lies with Shoosmiths then it is up to Natwest to take it up with them.