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    • receiving a default NOTICE (forget simple default cal markers) does not mean it will get sold on... OC's very very rarely do court themselves.  if it does you would receive a Notice of Assignment from the debt buyer/DCA.  as for reduced payment if it remains with the OC and they issue a DN, no harm in trying but lets get all your ducks inline first. dx  
    • okay thanks do you know how long it will take for it to get to the DCA or could the OC try and issue a CCJ? even though it's unlikely also for example would the OC agree to a reduction and a small payment over a super lengthy period of time if agreed? Rather than go through chasing apologies again for all the questions, just trying to understand all the possible scenarios.  
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HELP Please: Intermeddling, poor legal service, legal bill in excess of £20k


Jibe1978
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Hi,

 

I'm hoping some kind person would be able to help my family and I. My father was appointed as exec of his neighbour and friend who died in 2007. Due to a percieved conflict over land / a drainge ditch between the properties of the deceased and my parents he was asked to step down as exec. The law firm involved gave a verbal undertaking that this issue would be wrapped up and paid for within the estate and there was not going to be a problem. The next we received a letter stating that there was a conflict and he should get independent legal advice which he did....and clearly they or rather due to the intermeddling of a partner of a beneficary had created a problem. We are now almost 4 years down the line and the property has been sold and the individual who caused the conflict has received his money an walked away. We are left with the mess and the law firm will not agree that it belonged to us all along as they would be liable for our legal fees which now amount to over £20k. In the back of the Will there is a reference to STEP standard provisions 1st edition and section 9 within these terms refers to 'conflict'.

 

Could it be that this would have been an appropirate method for resolution in the early days as an independent law firm was invovled and the issue was brought to their attention in good faith, as per the clause. We have been totally let down by poor expensive solicitors and it might be that we are clutching at straws but any advice would be greatly appreciated as this has cost our family dearly both from a health & financial aspect. Thanks.

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  • 2 months later...

Have they quoted any act? Have you told them that since your father stepped down he had nothing to do with the property?

˙os op oʇ pǝʞsɐ ssǝlun ǝƃɐssǝɯ ǝʇɐʌıɹd ʎq ǝɯ ʇɔɐʇuoɔ ʇou op ǝsɐǝlԀ ˙pǝɹnɔɔo sǝssol ʎuɐ ɹo ǝɹnlıɐɟ ɟo ʇlnsǝɹ ɐ sɐ ǝlqɐıl plǝɥ ǝq ʇou llɐɥs I ˙llıʍpooƃ ɟo ǝɹnʇsǝƃ ɐ sɐ os ǝuop sı uǝʌıƃ ǝɔıʌpɐ ʎu∀

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Have they quoted any act? Have you told them that since your father stepped down he had nothing to do with the property?

 

Thanks for your reply. They didn't quote any act but my father is still involved as the owner of the adjoining property. This is the reason they suggested there was a conflict and forced him to step down.

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Did you recieve anything from the estate?

˙os op oʇ pǝʞsɐ ssǝlun ǝƃɐssǝɯ ǝʇɐʌıɹd ʎq ǝɯ ʇɔɐʇuoɔ ʇou op ǝsɐǝlԀ ˙pǝɹnɔɔo sǝssol ʎuɐ ɹo ǝɹnlıɐɟ ɟo ʇlnsǝɹ ɐ sɐ ǝlqɐıl plǝɥ ǝq ʇou llɐɥs I ˙llıʍpooƃ ɟo ǝɹnʇsǝƃ ɐ sɐ os ǝuop sı uǝʌıƃ ǝɔıʌpɐ ʎu∀

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Please explain fully, The drainige dispute was brought against you or did you bring that dispute?

˙os op oʇ pǝʞsɐ ssǝlun ǝƃɐssǝɯ ǝʇɐʌıɹd ʎq ǝɯ ʇɔɐʇuoɔ ʇou op ǝsɐǝlԀ ˙pǝɹnɔɔo sǝssol ʎuɐ ɹo ǝɹnlıɐɟ ɟo ʇlnsǝɹ ɐ sɐ ǝlqɐıl plǝɥ ǝq ʇou llɐɥs I ˙llıʍpooƃ ɟo ǝɹnʇsǝƃ ɐ sɐ os ǝuop sı uǝʌıƃ ǝɔıʌpɐ ʎu∀

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