Solicitor help
Author
Discussion

EdT

Original Poster:

5,239 posts

314 months

Friday 30th August 2013
quotequote all
Is there a friendly PH solicitor, that could advise me whether I should bother pursuing an ongoing claim ?

johnfm

13,751 posts

280 months

Friday 30th August 2013
quotequote all
1. Try posting in Spedd, plod & the law.

2. Try giving an indication of what sort of claim it is.

EdT

Original Poster:

5,239 posts

314 months

Friday 30th August 2013
quotequote all
After advice as to whether to continue a claim against a non payer which has been dormant for a year. Defendant wriggled very well and changed company names a few times dragging things out. The Judge ruled in my favour and gave me consent to edit claimant details and re-serve the claim via their accountants. I sent paperwork to County Court (in error) and it sat around unprocessed. They suggested i get advice as the time has lapsed.

Edited by EdT on Saturday 31st August 11:03

EdT

Original Poster:

5,239 posts

314 months

Monday 2nd September 2013
quotequote all
OK.. so a solicitor isnt a charity worked.. get that now!
This being the case, can anyone recommend a PH'er that's a great solicitor that I can speak with on the phone? I trust PH'ers,
Ed

RSoovy4

35,829 posts

301 months

Monday 2nd September 2013
quotequote all
EdT said:
OK.. so a solicitor isnt a charity worked.. get that now!
This being the case, can anyone recommend a PH'er that's a great solicitor that I can speak with on the phone? I trust PH'ers,
Ed
I hear that PatH is very good. He helped Nervous out when he was in dire straits.

EdT

Original Poster:

5,239 posts

314 months

Monday 2nd September 2013
quotequote all
Cant see him on the PH members list
?

Amateurish

8,280 posts

252 months

Monday 2nd September 2013
quotequote all
Changng company names shouldn't make a difference since a claim is mae against a specific legal entity (identified by its company reg number). A change in company name has no effect on the identity of that particular legal entity.

anonymous-user

84 months

Monday 2nd September 2013
quotequote all
If the time given by the court for serving the defendant has expired, you will have to apply for an extension of that time, provoding good reasons for the delay.

You must make a judgment as to whether the claim is worth pursuing, given that the defendant is evasive. Is the amount worth the hassle?

EdT

Original Poster:

5,239 posts

314 months

Monday 2nd September 2013
quotequote all
Amateurish said:
Changng company names shouldn't make a difference since a claim is mae against a specific legal entity (identified by its company reg number). A change in company name has no effect on the identity of that particular legal entity.
Agreed.. but I had to go through the legal system to update the claim each time.

EdT

Original Poster:

5,239 posts

314 months

Monday 2nd September 2013
quotequote all
Breadvan72 said:
If the time given by the court for serving the defendant has expired, you will have to apply for an extension of that time, provoding good reasons for the delay.

You must make a judgment as to whether the claim is worth pursuing, given that the defendant is evasive. Is the amount worth the hassle?
It's certainly not a tiny amount.. was for about 20 days work. Depends on the level of hassle.

Imagine I'll have a better idea when I apply for an extension.. if they accept my reasons for the delay are valid of course. Will there by a fee to extend?

anonymous-user

84 months

Monday 2nd September 2013
quotequote all
There is a fee for every application. The Courts website has the fee rates.

RSoovy4

35,829 posts

301 months

Monday 2nd September 2013
quotequote all
Breadvan72 said:
There is a fee for every application. The Courts website has the fee rates.
PM this chap.

Breaders is yer man.

RSoovy4

35,829 posts

301 months

Monday 2nd September 2013
quotequote all
PS Breadvan, I am now in a City firm litigating - will PM you.

anonymous-user

84 months

Monday 2nd September 2013
quotequote all
Cool. I had a pop at getting a proper job in a law firm, but they are all far too sensible to hire me.

RSoovy4

35,829 posts

301 months

Monday 2nd September 2013
quotequote all
Breadvan72 said:
Cool. I had a pop at getting a proper job in a law firm, but they are all far too sensible to hire me.
This lot weren't. I don't give it long.

Amateurish

8,280 posts

252 months

Tuesday 3rd September 2013
quotequote all
Is the amount in dispute? If not, you could try a winding up petition. In my experience, this often encourages a debtor to pay up.

EdT

Original Poster:

5,239 posts

314 months

Tuesday 3rd September 2013
quotequote all
Breadvan PM'd
thanks chaps

blindswelledrat

25,257 posts

262 months

Tuesday 3rd September 2013
quotequote all
EdT said:
After advice as to whether to continue a claim against a non payer which has been dormant for a year. Defendant wriggled very well and changed company names a few times dragging things out. The Judge ruled in my favour and gave me consent to edit claimant details and re-serve the claim via their accountants. I sent paperwork to County Court (in error) and it sat around unprocessed. They suggested i get advice as the time has lapsed.

]
EDt-how much money are you dalking about?

Do you have a current judgement on the persons current company?
Do you have their bank details at all?

Kudos

2,674 posts

204 months

Tuesday 3rd September 2013
quotequote all
RSoovy4 said:
This lot weren't. I don't give it long.
I thought your numbers came up in the euro millions?

EdT

Original Poster:

5,239 posts

314 months

Tuesday 3rd September 2013
quotequote all
Initially was around £3300. It crept up with some interest but not recalculated it for over a year. Yes.. Have the judgement on his company's name. No back details or address.. Judgement allowed me to amend defendant details and re serve it at his accountant's address.
Saying that i must call the accountant and double check they still handle his accounts and that he hasn't changed names again.