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    • The Legal Ombudsman has a wider remit than the SRA, and can always refer matters on to the SRA where they find a breach of the SRA's code.   I'd suggest writing to the solicitors, highlighting these issues, asking them to refund the money. If they don't then complain to the LO.
    • Good morning all,   I have an update for you all, shortly after my first hearing i was told i would need to have a rehearing with another company, Obviously i agreed but after the initial grievance hearing the person then asked me to enter into a private conversation, I have received the settlement offer and are disgusted as its not even half of my monthly  salary, I'm not sure what to do at this stage as i dont have the funds to finance a solicitor,so any advice would be appreciated.  
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    • I understand that you were involved in a contentious divorce in respect of which there was a bill for court costs – £850. You decided to challenge the costs in court and you lost and an order was made against you. We decided to appeal the order but before the appeal was heard, the solicitors made you a without prejudice offer of a 50-50 split – £425. You agree to this and you signed the document to that effect which you returned to the solicitors. Despite that the solicitors are now trying to impose the original £850 order. Is that the correct order of events? "Without prejudice" is certainly something that doesn't seem to be very well understood, including by solicitors. "Without prejudice" can protect an offer from being disclosed to the court where the offer has been refused so that it is not binding on anyone. However, without prejudice cannot be used to hide everything from the court – including wrongdoings, unethical behaviour et cetera. It seems to me that once you sign the agreement you effectively had a contract. I'd like to know a little bit more about the agreement that you signed but presumably it was intended to bring a halt to any further proceedings. I don't think there is any difficulty about disclosing a contract to the court in the circumstances. It is only the offer which was made without prejudice. Once the agreement was accepted and signed then the document acquired a wholly different character. It was no longer an offer open to be accepted or refused. It was a legally binding contract which imposed obligations upon both sides. In my view the solicitors have acted in a highly unethical way and I would begin by making a complaint to the SRA. I wonder whether the solicitors proposed the 50-50 split to you without consulting with their client and when they then contacted their client and told her what had been agreed, she refused to accept it and on that basis the solicitors recognised that they had made an error but rather than accept their responsibility and footing the £425 out of their own pockets, they preferred to get it from you. Of course this is just speculation but it seems to me to be quite a possible scenario. I'd like to see the agreement post up here please – that my sense is that you should complain to the SRA and you should tell the solicitors that this is what you're doing.
    • What's the default date? It should be on your Credit File
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Gus011

Action for the business i had sold

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I Had a business which i had sold in 2006. The business was sodl as a goinmg concern with the building. I few weeks ago i got a letter from a solicitor stating that i had owed them some money for some uunpaid invoices. I contacted the solicitor and advised them i had sold the property and the business. He asked for some proof, which i sent. I herd noting for a month or so, but then got a bailiff letter.

 

Please advise how do i appeal and what do i do.

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You should have had a court summons and lost if bailiffs are involved.

 

What does this bailiff letter say, who are the bailiffs?

 

Was it a 'Ltd' company?

 

Because of the timescale you quote, this sounds very suspicious to me.

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There was no summons, i recived, i contact the court they said that it had been issued to the property i had sold. The bailifs are from teh court office. I ve to contact the solitors, but the reply i get is that i need to put in wrting and do not hear anything back.

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So the courts say the summons has been issued to the address of the business?

 

You really need to give some more details.

 

Did you retain these solicitors?

What were the invoices for?

 

Was the business a Limited Company?

Edited by Conniff

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The court said that summons had been issued to the property i had sold, I asked them why the bailik letter was sent to my personal address, which i have lived in since 2004.

 

I have asked the courts for copy and left a message with teh court bailiff. The solicitors are based in london. I have wrtten them once when i got the intial letter regarding this event, that i had sold the property to a Mr 'x' and the business had been sold also, as the whole property hwad been sold as a going concern.

 

I have gcontacted the solitors who have acted for me in this transaction and they will provide confirmation that they had acted for me and that the business had been sold to the mr X.

 

The amount claimed for is teh sale of polish foods from a company which is also based in london. I have contacted them and they have advised that i had previously paid them by cheque from baclays. i have contacted barclays and asked if i have a business account and they have said yes, they are investigating that someone is using my name.#

 

The solicitors that are chasing the debt are really not helping. I have given as much proof of the sale, but they still will not listen?

 

The proof i have gevin to them is Sale agreement from the sale, solicitors letters, mortgage papers to confim who the new sallers, confirmation completion of sale.

 

Not a ltd company.

Edited by Gus011
adding

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You will have to get the judgement set aside to give you a proper amount of time to get this settled.

 

If you have used the telephone to contact anyone, don't do that any more. Only send letters and send them recorded delivery as this is too important to send by ordinary first class mail.

 

Did the solicitors send you a copy of this invoice that is supposed to be outstanding? Is the date of this invoice after you sold the business?

 

Have you not been receiving statements from Barclays for your business account?

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I have asked them for the copy of the invoice which is relates to but i have not recived it. they told me on the telephone that it was from june 2008 untill oct 2008.

 

No bank statements from barclays, regarding this account all my other statements come. The chap at barclays said that they will look into were the statements and other items are being sent to.

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Get it set aside and then when you have all the paperwork required you can get it quashed.

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Thank you Conniff.

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